Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 57
insert
(1) On and from 1 July 2016, the operation of the 2014 NT Network Price Determination, Part B is modified as follows:
(a) clause 2.15 has no effect;
(b) a reference in clause 3.1 to a regulatory year includes a reference to a regulatory year of a national regulatory control period;
(c) in Schedule 1, clause 1.1, the definitions Post 2019 Network Price Determination and Post 2019 regulatory control period are taken to be as follows:
|
Post 2019 Network Price Determination |
The distribution determination made under the National Electricity Rules for PWC for the national regulatory control period from 1 July 2019 to 30 June 2024, as amended, varied or substituted from time to time. |
|
Post 2019 regulatory control period |
The national regulatory control period from 1 July 2019 to 30 June 2024. |
(2) In this section:
2014 NT Network Price Determination means the "2014 Network Price Determination" made by the Utilities Commission under the Utilities Commission Act , Electricity Reform Act and Chapter 6 of the Network Access Code that:
(a) applies from 1 July 2014 to 30 June 2019; and
(b) because of section 57 is a network pricing determination made under section 6A(1);
as amended, varied or substituted from time to time.
national regulatory control period means a regulatory control period under the National Electricity Rules.
"PWC" means the Power and Water Corporation established under section 4 of the Power and Water Corporation Act .
amendedThis Part amends the National Electricity (Northern Territory) (National Uniform Legislation) Act .
6 amendedomit
for the time being
insert
Section 7
omit
for the time being
insert
(1) Section 8(1), definition the National Electricity Law or this Law
omit
(2) Section 8(1)
insert (in alphabetical order)
"the National Electricity Law" or "this Law" means:
(a) the National Electricity (NT) Law; or
(b) if the context indicates or requires – the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA), as in force from time to time.
(3) Section 8(2)
omit , insert
(2) The Acts Interpretation Act 1915 (SA) and other Acts of South Australia do not apply to the National Electricity (NT) Law or the National Electricity (NT) Regulations.
After section 9
insert
(1) As soon as practicable after a modification instrument is made, the Minister must notify the AEMC of its making.
(2) The Minister may delegate the Minister's function under subsection (1).
(3) In this section:
"modification instrument" means a regulation made under section 13(2)(c), or an amendment to this Act, that provides for a modification to the operation of the National Electricity Rules for the purpose of their having the force of law in this jurisdiction.
"National Electricity Rules" means the National Electricity Rules as defined in section 2(1) of the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA), as in force from time to time.
Section 12(1)(b)(i), after "time"
insert
or on the occurrence of a future event
13 Sections 12A and 12B inserted
After section 12
insert
(1) This section applies in relation to an instrument or decision made by the AER if:
(a) the instrument or decision was made:
(i) after this Act was enacted; but
(ii) before the day (the operation day ) on which a provision (the authorising provision ) of the NT national electricity legislation commenced operation as a law of the Territory; and
(b) had the authorising provision commenced operation as a law of the Territory, the making of the instrument or decision would have been authorised by or under the provision; and
(c) for the making of the instrument or decision that would be so authorised subject to the satisfaction of any conditions or other requirements – the AER has done everything that would, if the authorising provision had commenced operation as a law of the Territory, be required under the NT national electricity legislation for the instrument or decision to be so authorised.
Examples of instruments and decisions to which this section may apply
1 Guidelines.
2 Appointments, determinations and approvals.
(2) Without limiting section 8 of the Interpretation Act , for the purposes of the authorising provision:
(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision has effect from the operation day:
(i) as varied by any other instrument or decision to which this section applies, unless the other instrument has been revoked; and
(ii) subject to the NT national electricity legislation.
(3) In this section:
NT national electricity legislation means any of the following:
(a) the National Electricity (NT) Law;
(b) the National Electricity (NT) Regulations;
(c) the National Electricity (NT) Rules;
(d) this Act.
(1) This section applies if:
(a) the AER is required to do something (a preparatory step ) before making a decision or making an instrument under a provision (the authorising provision ) of one of the following:
(i) the National Electricity (NT) Law;
(ii) the National Electricity (NT) Regulations;
(iii) the National Electricity (NT) Rules;
(iv) this Act; and
(b) the AER takes the preparatory step:
(i) after this Act was enacted; but
(ii) before the day on which the authorising provision commenced operation as a law of the Territory.
(2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.
(1) Section 13(2)(b)
omit
for the time being
insert
(2) After section 13(3)
insert
(4) Regulations made under this section may apply, adopt or incorporate (with or without changes) a matter contained in another document or instrument as in force or existing at a particular time or from time to time.
(5) In this section:
"National Electricity Rules" means the National Electricity Rules as defined in section 2(1) of the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA), as in force from time to time.
15 Schedule 1, clause 3 amended
(1) Schedule 1, clause 3(1)
omit
all words from " network " to " participant "
insert
National Electricity Rules or "Rules", network service provider , Registered participant and Regulations
(2) Schedule 1, clause 3(2), after definition local electricity system
insert
National Electricity Rules or Rules mean each of the following, as modified by the application Act of this jurisdiction or a regulation made under that Act—
(a) the initial National Electricity Rules; and
(ab) additional Minister initiated Rules; and
(b) Rules made by the AEMC under this Law, including Rules that amend or revoke—
(i) the initial National Electricity Rules or additional Minister initiated Rules; or
(ii) Rules made by it,
or, if the context indicates or requires, the Rules referred to in paragraphs (a), (ab) and (b).
(3) Schedule 1, clause 3(2), after definition Registered participant
insert
"Regulations" means:
(a) the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia that apply as a law of this jurisdiction, as modified by the application Act of this jurisdiction or a regulation made under that Act; or
(b) if the context indicates or requires—the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia.
16 Schedule 1, clause 4 replaced
Schedule 1, clause 4
omit, insert
After section 2E
insert
2EA—References to Rules made under this Law
A reference in the definition of additional Minister initiated Rules , initial National Electricity Rules or National Electricity Rules or Rules to Rules made under this Law or a provision of this Law—
(a) includes a reference to Rules made before the day on which Part 2 of the application Act of this jurisdiction commenced; and
(b) is, in relation to Rules made before that day, a reference to Rules made under, or made under the corresponding provision of, the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as applied as a law of South Australia .
After section 8(2)
insert
(2a) For the purposes of subsection (2), the MCE must regard the reference in the national electricity objective to the national electricity system as a reference to whichever of the following the MCE considers appropriate in the circumstances—
(a) the national electricity system;
(b) one or more, or all, of the local electricity systems;
(c) all the electricity systems referred to in paragraphs (a) and (b).
17 Schedule 1, clauses 9A to 9C inserted
Schedule 1, after clause 9
insert
After section 32
insert
32A—Manner in which AEMC has regard to national electricity objective
Subject to section 88(2a), for the purposes of this Law, the AEMC must regard the reference in the national electricity objective to the national electricity system as a reference to whichever of the following the AEMC considers appropriate in the circumstances—
(a) the national electricity system;
(b) one or more, or all, of the local electricity systems;
(c) all the electricity systems referred to in paragraphs (a) and (b).
(1) Section 34(1)(a)(iii)
omit, insert
(iia) the operation of a local electricity system for the purposes of the safety, security and reliability of that system;
(iii) the activities of persons (including Registered participants) participating in the national electricity market or involved in the operation of the national electricity system or a local electricity system;
(2) After section 34(3)(b)
insert
(ba) vary in their terms as between—
(i) the national electricity system; and
(ii) one or more, or all, of the local electricity systems;
(bb) have no effect with respect to one or more of the systems referred to in paragraph (ba);
(1) Section 46
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The
insert
(1) Subject to subsection (2), the
(2) Section 46, at the end
insert
(2) The AEMC must update the copies of the National Electricity Rules published and made available under subsection (1) to reflect each rule modification provided for by a modification instrument—
(a) if notified of the making of the modification instrument at least 10 business days before the rule modification commences—on the day the rule modification commences; or
(b) otherwise—within 10 business days of being notified of the making of the modification instrument.
(3) In this section—
"modification instrument" means a regulation made under section 13(2)(c) of the application Act of this jurisdiction, or an amendment to that Act, that provides for a rule modification;
"notified "means notified by the Minister of this participating jurisdiction;
"rule modification" means a modification to the operation of the National Electricity Rules, as defined in section 9A(3) of the application Act of this jurisdiction, for the purpose of their having the force of law in this jurisdiction.
18 Schedule 1, clause 10 amended
Schedule 1, clause 10
omit
Before Part 5, Division 1
insert
After Part 5, heading
19 Schedule 1, clause 12A inserted
Schedule 1, after clause 12
insert
Section 71A, definition reviewable regulatory decision , paragraph (a)
omit, insert
(a) subject to the Regulations, a network revenue or pricing determination that sets a regulatory period; or
20 Schedule 1, clause 14 replaced
Schedule 1, clause 14
omit, insert
(1) Section 87, definition urgent Rule
omit
(2) Section 87
insert (in alphabetical order)
"differential Rule" means a Rule that:
(a) varies in its terms as between—
(i) the national electricity system; and
(ii) one or more, or all, of the local electricity systems; or
(b) does not have effect with respect to one or more of those systems,
but is not a jurisdictional derogation, participant derogation or Rule that has effect with respect to an adoptive jurisdiction for the purpose of section 91(8);
"uniform Rule" means a Rule that:
(a) does not vary in its terms as between—
(i) the national electricity system; and
(ii) one or more, or all, of the local electricity systems; and
(b) has effect with respect to all of those systems;
"urgent Rule" means a Rule relating to any matter or thing that, if not made as a matter of urgency, will result in that matter or thing imminently prejudicing or threatening—
(a) the effective operation or administration of the wholesale exchange operated and administered by AEMO in the other participating jurisdictions; or
(b) the safety, security or reliability of:
(i) the national electricity system; or
(ii) a local electricity system.
After section 88(2)
insert
(2a) For the purposes of this Part, the AEMC must regard the reference in the national electricity objective to the national electricity system as a reference to whichever of the following the AEMC considers appropriate in the circumstances having regard to the nature, scope or operation of the proposed Rule—
(a) the national electricity system;
(b) one or more, or all, of the local electricity systems;
(c) all the electricity systems referred to in paragraphs (a) and (b).
After section 88
insert
88AA—AEMC may only make differential Rule in certain cases
(1) In addition to complying with sections 88, 88A and 88B, the AEMC may only make a Rule if it is satisfied that it is a uniform Rule.
(2) Despite subsection (1), the AEMC may make a differential Rule if the AEMC is satisfied that, having regard to any relevant MCE statement of policy principles, the differential Rule will, or is likely to, better contribute to the achievement of the national electricity objective than a uniform Rule.
(3) This section does not apply in relation to—
(a) a jurisdictional derogation requested under section 91(3); or
(b) a participant derogation requested under section 91(5) or (6); or
(c) a Rule that has effect with respect to an adoptive jurisdiction for the purpose of section 91(8).
Section 88A, after "sections 88"
insert
, 88AA
Section 88B, after "sections 88"
insert
, 88AA
Section 89(c)
omit
the national electricity system
insert
a local electricity system
After section 91(1)
insert
(1a) A request under subsection (1) may request the AEMC to make a differential Rule.
(1) Section 91A, before "The"
insert
(1)
(2) Section 91A, at the end
insert
(2) To avoid doubt, the AEMC may, in accordance with section 88AA, make a more preferable Rule that is a differential Rule, whether or not the market initiated proposed Rule (to which the more preferable Rule relates) proposed the making of a differential Rule.
After section 95
insert
95A—Notice to Minister of proposed Rule
(1) This section applies if—
(a) the AEMC considers that it should take action under this Division in respect of a request for the making of a Rule; and
(b) the request included a request that the AEMC make a differential Rule.
(2) In addition to the requirements of section 95, the AEMC must give the Minister of this participating jurisdiction—
(a) a copy of the notice published under section 95(1a)(a); and
(b) a draft of the proposed Rule; and
(c) any other document prescribed by the Regulations.
(1) After section 99(1b)
insert
(1c) In the case of a proposed Rule that is a differential Rule, the AEMC must also, as soon as practicable after publishing a notice under subsection (1a)(b) or (1b), give the Minister of this participating jurisdiction the draft Rule determination and a copy of the notice.
(2) After section 99(2)(a)(ii)
insert
(iia) in the case where the proposed Rule is a differential Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will, or is likely to, better contribute to the achievement of the national electricity objective than a uniform Rule; and
(1) After section 102(1a)
insert
(1b) If the Rule to be made is a differential Rule, the AEMC must also, as soon as practicable after publishing a notice under subsection (1a)(b), give the Minister of this participating jurisdiction—
(a) the final Rule determination; and
(b) a copy of the notice.
(2) After section 102(2)(a)(ii)
insert
(iia) in the case where the Rule to be made is a differential Rule, the reasons of the AEMC as to whether it is satisfied the Rule will, or is likely to, better contribute to the achievement of the national electricity objective than a uniform Rule; and
21 Schedule 1, clause 17 replaced
Schedule 1, clause 17
omit, insert
(1) Schedule 1, items 4, 7, 9 and 34(a), after "AEMO"
insert
in the other participating jurisdictions
(2) Schedule 1, item 32, after "system,"
insert
or a local electricity system,
1, clause 3 amended(1) Schedule 1, clause 3(2), modified section 2(1), definition "interconnected national electricity system", after "the other participating jurisdictions"
insert
(other than Western Australia)
(2) Schedule 1, clause 3(3)
omit, insert
(3) Section 2(1), definition national electricity market , paragraph (a)
omit
under this Law and the Rules
insert
in the other participating jurisdictions (other than Western Australia)
23 Schedule 1, clause 12 replaced
Schedule 1, clause 12
omit, insert
Section 62(b), after "AEMO"
insert
in the other participating jurisdictions (other than Western Australia)
24 Schedule 1, clause 14 amended
Schedule 1, clause 14(2), modified section 87, definition "urgent Rule", paragraph (a), after "participating jurisdictions"
insert
(other than Western Australia)
25 Schedule 1, clause 17 amended
Schedule 1, clause 17(1)
omit, insert
(1) Schedule 1, items 4, 7, 9 and 34(a), after "AEMO"
insert
in the other participating jurisdictions (other than Western Australia)
This Act expires on the day after it commences.