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NATIONAL ELECTRICITY (QUEENSLAND) LAW
- As at 5 December 2024
- Act neql of 2005
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Citation
2. Definitions
2A. Meaning of access dispute
2AA. Meaning of civil penalty provision and conduct provision
2AB. Civil penalty amounts for breaches of civil penalty provisions
2B. Meaning of direct control network service
2C. Meaning of negotiated network service
2D. Meaning of regulatory obligation or requirement
2E. Meaning of regulatory payment
2F. Form of regulation factors
2G. Related bodies corporate
3. Interpretation generally
4. Savings and transitionals
5. Participating jurisdictions
6. Ministers of participating jurisdictions
6A. Nominated distributors
6B. Regulated stand-alone power systems
7. National electricity objective
7AA. Regulations may prescribe matters for national electricity objective
7A. Revenue and pricing principles
7B. Innovative trial principles
8. MCE statements of policy principles
9. National Electricity Rules to have force of law
10. Application of this Law and Regulations to coastal waters of this jurisdiction
10A. Corporations Act displacement
PART 2 - PARTICIPATION IN THE NATIONAL ELECTRICITY MARKET
Division 1 - Registration
11. Electricity market activities in this jurisdiction
12. Registration or exemption of persons participating in national electricity market
13. Exemptions for transmission system or distribution system owners, controllers and operators
14. Evidence of registration or exemption
Division 2 - Regulated network service providers
14A. Regulated transmission system operator must comply with transmission determination
14B. Regulated distribution system operator must comply with distribution determination
PART 2A - RETAILER RELIABILITY OBLIGATION
Division 1 - General
14C. Definitions
14D. Meaning of liable entity for a region
14E. Process for non-liable persons to opt in to reliability obligations
Division 2 - Reliability forecasts and instruments
14F. Annual forecast for reliability gaps
14G. Meaning of forecast reliability gap, forecast reliability gap period, T-3 cut-off day and T-1 cut-off day
14H. Rules must provide timetable for reliability forecasts, requests and instruments
14I. AEMO must request reliability instrument
14J. AEMO may correct request for reliability instrument
14JA. Minister may make T-3 reliability instrument
14K. AER may make reliability instrument for a region
14L. Reliability instrument has force of law
14M. Failure to comply with consultation obligation does not affect validity
Division 3 - Reliability obligations
14N. Application of Division
14O. Meaning of qualifying contract and net contract position
14P. Obligation to report net contract position
14Q. Adjustment of net contract position after contract position day
14R. Obligation to have contracted sufficiently for one-in-two year peak demand forecast
14S. Obligation to maintain net contract position
Division 4 - AEMO as procurer of last resort
14T. AEMO may recover costs for procurer of last resort function
PART 3 - FUNCTIONS AND POWERS OF THE AUSTRALIAN ENERGY REGULATOR
Division 1 - General
15. Functions and powers of AER
16. Manner in which AER performs AER economic regulatory functions or powers
17. Delegations
18. Confidentiality
Division 1A - Wholesale electricity markets—AER monitoring and reporting functions
Subdivision 1 - Preliminary
18A. Definitions
18B. Meaning of effective competition
18C. AER wholesale market monitoring and reporting functions
18D. Information to be treated as confidential
18E. Redaction of information
Subdivision 2 - Use of general information gathering powers
18EA. Limits on use of section 28 information gathering powers
18EB. Matters to be considered before using section 28 information gathering powers
Subdivision 3 - Market monitoring information notices and market monitoring information orders
18EC. Definitions
18ED. Urgent notices and urgent orders
18EE. Content of notices and orders
18EF. Notices and orders may be made for both past and future information
18EG. Making and serving notices and orders
18EH. AER must consult before making order
18EI. Publication of orders
18EJ. Opportunity to be heard before notice served
18EK. Compliance with notice
18EL. Compliance with order
18EM. Certification of compliance by statutory declaration
18EN. Subdivision does not limit powers under Division 3
Subdivision 4 - Miscellaneous
18EO. Wholesale market monitoring guidelines
18EP. Review of wholesale market monitoring powers
Division 1B - Rate of return instrument
Subdivision 1 - Preliminary
18F. Definitions
18G. Rate of return instrument has force of law
18H. Rate of return instrument is binding on AER and network service providers
Subdivision 2 - Requirement to make rate of return instrument
18I. AER to make rate of return instrument
18J. Control of rate of return instrument
Subdivision 3 - Consultation requirements
18K. Process for making rate of return instrument
18L. Other matters AER must have regard to in making instrument
18M. Requirements before publishing draft instrument
18N. Consumer reference group
18O. Publication of draft instrument and other information
18P. Report about draft instrument by independent panel
18Q. Publication of explanatory information
18R. Failure to comply does not affect validity
Subdivision 4 - Publication, review and other matters
18S. Publication of rate of return instrument
18T. Commencement and duration of instrument
18U. Review and replacement of instrument
18V. Application of instrument
18W. Rate of return instrument may apply for this Law and the National Gas Law
Subdivision 5 - Confidentiality of information
18X. Confidentiality
18Y. Disclosure of information given in confidence
Division 1C - Retailer Reliability Obligation—AER compliance regime
18Z. Definitions
18ZA. Obligation of AER to monitor compliance
18ZB. Obligation of regulated entities to establish arrangements to monitor compliance
18ZC. Obligation of regulated entities to keep records
18ZD. Obligation of regulated entities to provide information and data about compliance
18ZE. Compliance audits by AER
18ZF. Compliance audits by regulated entities
18ZG. Carrying out compliance audit
18ZH. Use of information
18ZI. Reliability Compliance Procedures and Guidelines
Division 1D - AER trial waiver functions
18ZJ. Definitions
18ZK. Interpretative matters
18ZL. Trial waiver
18ZM. Conditions of trial waiver
18ZN. Consultation on trial waiver
18ZO. Publication etc of trial waiver
18ZP. Duration of trial waiver
18ZQ. Extension of trial waiver
18ZR. Compliance with trial waiver
18ZS. Revocation of trial waiver
18ZT. Other matters
Division 2 - Search warrants
19. Definitions
20. Authorised person
20A. Identity cards
20B. Return of identity cards
21. Search warrant
22. Announcement of entry and details of warrant to be given to occupier or other person at premises
23. Announcement before entry
24. Copies of seized documents
25. Retention and return of seized documents or things
26. Extension of period of retention of documents or things seized
27. Obstruction of person authorised to enter
Division 3 - General information gathering powers
28. Power to obtain information and documents in relation to performance and exercise of functions and powers
Division 4 - Regulatory information notices and general regulatory information orders
Subdivision 1 - Interpretation
28A. Definitions
28B. Meaning of contributing service
28C. Meaning of general regulatory information order
28D. Meaning of regulatory information notice
28E. Division does not limit operation of information gathering powers under Division 3
Subdivision 2 - Serving and making of regulatory information instruments
28F. Service and making of regulatory information instrument
28G. Additional matters to be considered for related provider regulatory information instruments
28H. AER must consult before publishing a general regulatory information order
28I. Publication requirements for general regulatory information orders
28J. Opportunity to be heard before regulatory information notice is served
Subdivision 3 - Form and content of regulatory information instruments
28K. Form and content of regulatory information instrument
28L. Further provision about the information that may be specified in a regulatory information instrument
28M. Further provision about manner in which information must be provided to AER or kept
Subdivision 4 - Compliance with regulatory information instruments
28N. Compliance with regulatory information notice that is served
28O. Compliance with general regulatory information order
28OA. Confidentiality issues
28OB. Disclosure of information given to AER in compliance with regulatory information instrument
28P. Exemptions from compliance with general regulatory information order
28Q. Assumptions where there is non-compliance with regulatory information instrument
Subdivision 5 - General
28R. Providing to AER false and misleading information
28S. Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument
28T. Legal professional privilege not affected
28U. Protection against self-incrimination
Division 5 - Network service provider performance reports
28V. Preparation of network service provider performance reports
Division 6 - Disclosure of confidential information held by AER
28W. Authorised disclosure of information given to the AER in confidence
28X. Disclosure with prior written consent is authorised
28Y. Disclosure for purposes of court and tribunal proceedings and to accord natural justice
28YA. Disclosure of information to Energy Security Board
28Z. Disclosure of information given to the AER with confidential information omitted
28ZA. Disclosure of information given in confidence does not identify anyone
28ZAA. Disclosure of information in an aggregated form
28ZAB. Disclosure of information that has entered the public domain
28ZB. Disclosure of confidential information authorised if detriment does not outweigh public benefit
Division 7 - Miscellaneous matters
28ZC. Consideration by the AER of submissions made to it under this Law
28ZD. Use of information provided under a notice under section 28 or a regulatory information instrument
28ZE. AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices
28ZF. AER Guidelines
28ZG. AER must report to MCE if it does not make network revenue or pricing determination within time
28ZH. Single documentation
28ZI. Use of information
28ZJ. (Repealed)
PART 4 - FUNCTIONS AND POWERS OF THE AUSTRALIAN ENERGY MARKET COMMISSION
Division 1 - General
29. Functions and powers of the AEMC
30. Delegations
31. Confidentiality
32. AEMC must have regard to national electricity objective
32A. Targets statement for greenhouse gas emissions targets
33. AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews
Division 2 - Rule making functions and powers of the AEMC
34. Rule making powers
35. Rules relating to MCE or Ministers of participating jurisdictions require MCE consent
36. AEMC must not make Rules that create criminal offences or impose civil penalties for breaches
37. Documents etc applied, adopted and incorporated by Rules to be publicly available
Division 3 - Committees, panels and working groups of the AEMC
38. The Reliability Panel
39. Establishment of committees and panels (other than the Reliability Panel) and working groups
40. (Repealed)
Division 4 - MCE directed reviews
41. MCE directions
42. Terms of reference
43. Notice of MCE directed review
44. Conduct of MCE directed review
Division 5 - Other reviews
45. Reviews by AEMC
Division 6 - Miscellaneous
46. AEMC must publish and make available up to date versions of Rules
47. Fees
48. Confidentiality of information
PART 5 - ROLE OF AEMO UNDER NATIONAL ELECTRICITY LAW
Division 1 - General
49. AEMO’s statutory functions
49A. AEMO’s power to carry out statutory functions
49B. Delegation
Division 2 - AEMO’s adoptive jurisdiction functions
Subdivision 1 - Preliminary
50. Application of this Division
50A. AEMO to account to relevant Minister for performance of adoptive functions
Subdivision 2 - AEMO’s additional advisory functions
50B. Additional advisory functions
Subdivision 3 - AEMO’s declared network functions
50C. AEMO’s declared network functions
50D. Network agreement
50E. Connection agreements
50F. Augmentation
50G. AEMO to have qualified exemption for performing statutory functions
50H. Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement
50J. General principles governing determinations
Division 3 - Information etc to be provided to Ministers
51. Ministerial request
51A. Compliance with request
51B. Quarterly report
Division 4 - Fees and charges
52. AEMO fees and charges
Division 5 - Information gathering
53. Information gathering powers
53A. Making and publication of general market information order
53B. Service of market information notice
53C. Compliance with market information instrument
53D. Use of information
53E. Providing false or misleading information
Division 6 - Protected information
Subdivision 1 - AEMO’s obligation to protect information
54. Protected information
Subdivision 2 - Disclosure of protected information held by AEMO
54A. Authorised disclosure of protected information
54B. Disclosure with prior written consent
54C. Disclosure required or permitted by law etc
54D. Disclosure for purposes of court and tribunal proceedings
54E. Disclosure of document with omission of protected information
54F. Disclosure of non-identifying information
54FA. Disclosure of information in an aggregated form
54G. Disclosure of protected information for safety, proper operation of the market etc
54H. Disclosure of protected information authorised if detriment does not outweigh public benefit
Division 7 - AEMO’s statutory funds
55. Definitions
55A. AEMO’s Rule funds
55B. Payments into and out of Rule funds
55C. Investment
PART 5A - FUNCTIONS AND POWERS OF MINISTER OF THIS PARTICIPATING JURISDICTION
57A. Functions and powers of Minister of this participating jurisdiction
PART 5B - FUNCTIONS AND POWERS OF TRIBUNAL
57B. Functions and powers of Tribunal under this Law
PART 6 - PROCEEDINGS UNDER THE NATIONAL ELECTRICITY LAW
Division 1 - General
58. (Repealed)
59. Instituting civil proceedings under this Law
Division 1A - Enforceable undertakings
59A. Enforceable undertakings
Division 2 - Proceedings by the AER in respect of this Law, the Regulations and the Rules
60. Time limit within which AER may institute proceedings
61. Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences
61A. Proceedings for declaration that a person has breached a conduct provision
61B. Actions for damages by persons for breach of conduct provisions
62. Additional Court orders
63. Orders for disconnection in certain circumstances where there is no breach
64. Matters for which there must be regard in determining amount of civil penalty
65. Breach of a civil penalty provision is not an offence
66. Breaches of civil penalty provisions involving continuing failure
67. Conduct in breach of more than one civil penalty provision
67A. Conduct in breach of reliability obligation civil penalty provision
68. Persons involved in breach of civil penalty provision or conduct provision
68A. Attempt to breach civil penalty provision
69. Civil penalties payable to the Commonwealth
Division 2A - Proceedings before, and awards etc of, Dispute resolution panels
69A. Commercial Arbitration Acts apply to proceedings before Dispute resolution panels
Division 3 - Judicial review of decisions and determinations under this Law, the Regulations and the Rules
70. Applications for judicial review
71. Appeals on questions of law from decisions or determinations of Dispute resolution panels
Division 3A - Merits review and other non-judicial review
Subdivision 1 - Interpretation
71A. Definitions
Subdivision 2 - (Repealed)
Subdivision 3 - Tribunal review of information disclosure decisions
71S. Application for review
71T. Exclusion of public in certain cases
71U. Determination in the review
71V. Tribunal must be taken to have affirmed decision if decision not made within time
71W. Assistance from AER or AEMO
Subdivision 4 - General
71X. Costs in a review
71Y. Amount of costs
71YA. (Repealed)
71Z. (Repealed)
Division 3B - Enforcement of access determinations
71ZA. Enforcement of access determinations
71ZB. Consent injunctions
71ZC. Interim injunctions
71ZD. Factors relevant to granting a restraining injunction
71ZE. Factors relevant to granting a mandatory injunction
71ZF. Discharge or variation of injunction or other order
Division 4 - Other civil proceedings
72. Obligations under Rules to make payments
Division 5 - Infringement notices
73. Definitions
74. Power to serve a notice
75. Form of notice
76. Infringement penalties
77. AER cannot institute proceedings while infringement notice on foot
78. Late payment of penalty
79. Withdrawal of notice
80. Refund of infringement penalty
81. Payment expiates breach of civil penalty provision
82. Payment not to have certain consequences
83. Conduct in breach of more than one civil penalty provision
84. (Repealed)
Division 6 - Miscellaneous
85. Offences and breaches by corporations
86. Corporations also in breach if officers and employees are in breach
PART 7 - THE MAKING OF THE NATIONAL ELECTRICITY RULES
Division 1 - General
Subdivision 1 - Interpretation
87. Definitions
Subdivision 2 - Rule making tests
88. Application of national electricity objective
88A. AEMC must take into account form of regulation factors in certain cases
88B. AEMC must take into account revenue and pricing principles in certain cases
88C. AEMC must take into account innovative trial principles in certain cases
89. AEMC must have regard to certain matters in relation to the making of jurisdictional derogations
Division 2 - Minister initiated National Electricity Rules
Subdivision 1 - Initial Rules made by Minister
90. South Australian Minister to make initial National Electricity Rules
90A. South Australian Minister to make further Rules relating to distribution determinations consumer advocacy and other matters
90AB. South Australian Minister to make initial Rules relating to consumer data right and further Rules relating to disclosure of data
90B. South Australian Minister to make initial Rules related to AEMO’s functions under this Law
90BA. South Australian Minister may make consequential Rules relating to rate of return instrument
90C. South Australian Minister to make initial Rules related to smart meters
90D. South Australian Minister may make initial Rules relating to implementation of NERL and NERR
90DA. South Australian Minister to make initial Rules relating to regulatory sandboxing
90E. South Australian Minister to make initial Rules relating to Energy Consumers Australia
90EA. South Australian Minister to make initial Rules relating to Retailer Reliability Obligation
90EB. South Australian Minister to make initial Rules relating to stand-alone power systems
90EC. South Australian Minister to make initial Rules relating to Ministerial reliability instrument
90ED. South Australian Minister may make initial Rules relating to national electricity objective
90EF. South Australian Minister to make initial Rules relating to wholesale market monitoring matters
90EG. South Australian Minister to make initial Rules relating to orderly exit management
Subdivision 2 - Rules made by Minister from time to time
90F. South Australian Minister may make Rules on recommendation of MCE and Energy Security Board
Division 3 - Procedure for the making of a Rule by the AEMC
91. Initiation of making of a Rule
91A. AEMC may make more preferred Rule in certain cases
91B. AEMC may make Rules that are consequential to a Rule request
92. Contents of requests for Rules
92A. Waiver of fee for Rule requests
93. Consolidation of 2 or more Rule requests
94. Initial consideration of request for Rule
94A. AEMC may request further information from Rule proponent in certain cases
95. Notice of proposed Rule
96. Publication of non-controversial or urgent final Rule determination
96AA. Publication of final Rule determination for trial Rule
96A. “Fast track” Rules where previous public consultation by electricity market regulatory body or an AEMC review
97. Right to make written submissions and comments
98. AEMC may hold public hearings before draft Rule determination
99. Draft Rule determinations
100. Right to make written submissions and comments in relation to draft Rule determination
101. Pre-final Rule determination hearings
102. Final Rule determinations
102A. Proposal to make more preferable Rule
103. Making of Rule
104. Operation and commencement of Rule
104A. Extension of trial Rule
104B. AEMC may impose requirements on proponent of trial project on making trial Rule
104C. AEMC may revoke trial Rule on recommendation of AER
104D. Special provision for revocation of trial Rule
105. Rule that is made to be published on website and made available to the public
106. Evidence of the National Electricity Rules
Division 4 - Miscellaneous provisions relating to Rule making by the AEMC
107. Extensions of periods of time in Rule making procedure
107A. AEMC may extend period of time for making of final Rule determination for further consultation
108. AEMC may publish written submissions and comments unless confidential
108A. AEMC must publicly report on Rules not made within 12 months of public notification of requests
108B. Subsequent rule making by AEMC
PART 8 - SAFETY AND SECURITY OF THE NATIONAL ELECTRICITY SYSTEM
109. Definitions
110. Appointment of jurisdictional system security coordinator
111. Jurisdictional system security coordinator to prepare jurisdictional load shedding guidelines
112. AEMO to develop load shedding procedures for each participating jurisdiction
113. Exchange of information
114. AEMO to ensure maintenance of supply of sensitive loads
115. Shedding and restoring of loads
115A. Determination of customer load shedding arrangement
116. Actions that may be taken to ensure safety and security of national electricity system
117. AEMO to liaise with Minister of this jurisdiction and others during an emergency
118. Obstruction and non-compliance
PART 8AA - ORDERLY EXIT MANAGEMENT
Division 1 - Preliminary
118AA. Definitions
118AB. Application of Part to jurisdiction
Division 2 - Mandatory operation direction
118AC. Generating units that may be subject to mandatory operation direction
118AD. Mandatory operation direction
118AE. Registered participant must comply with mandatory operation direction
118AF. Minister to make information public
118AG. AEMO to make information public
118AH. Voluntary agreement
118AI. Mandatory operation direction applies to affiliates
118AJ. Amendment of mandatory operation direction
118AK. Termination of mandatory operation direction
118AL. Closure of generating unit after mandatory operation period
118AM. Compliance with obligations after closure of generating unit
Division 3 - Information and reporting
118AN. AEMO and AER may disclose information
118AO. Information must be given to AER
118AP. AER may request other information
118AQ. Information disclosure
118AR. Annual performance report
Division 4 - Financial matters
Subdivision 1 - Financial vehicle
118AS. Establishment and functions of financial vehicle
Subdivision 2 - Orderly exit management fund
118AT. Establishment of orderly exit management fund
118AU. Payments into orderly exit management fund
118AV. Payments from orderly exit management fund
118AW. Payments where mandatory operation direction not made
118AX. Payments where voluntary agreement made
Subdivision 3 - Payments to and by MOD generators
118AY. Ministerial order
118AZ. Excluded matter
Subdivision 4 - Orderly exit management cost recovery mechanism
118AZA. Orderly exit management contributions
118AZB. Public notice of orderly exit management contributions
118AZC. Orderly exit management payments by distribution network service providers
118AZD. Cost recovery by distribution network service providers
Division 5 - Miscellaneous
118AZE. Minister not required to take certain actions before making mandatory operation direction
118AZF. No liability for enactment or operation of Part
118AZG. Review of Part
118AZH. Consultation between NSW and ACT
PART 8A - SMART METERING SERVICES
Division 1 - Interpretation
118A. Definitions
Division 2 - Ministerial pilot metering determinations
118B. Ministerial pilot metering determinations
118C. Consultation with interested persons required before making Ministerial pilot metering determination
Division 3 - (Repealed)
Division 4 - Provisions applicable to Ministerial smart metering determinations
118F. Compliance with Ministerial smart metering determinations
118G. Minister of participating jurisdiction must consult with other participating jurisdiction Ministers
118H. Content of Ministerial smart metering determinations
118I. Publication and giving of Ministerial smart metering determinations
118J. When Ministerial smart metering determinations take effect
118K. AEMC must publish Ministerial smart metering determination it receives on its website
PART 9 - IMMUNITIES
119. Immunity of AEMO and network service providers
120. Immunity in relation to failure to supply electricity
120A. Immunity in relation to use of computer software
120B. Immunity from liability—dispute resolution
121. Immunity from personal liability of AEMC officials
122. Immunity from personal liability of Reliability Panel
PART 10 - ACCESS DISPUTES
Division 1 - Interpretation and application
123. Definitions
124. Part does not limit how disputes about access may be raised or dealt with
Division 2 - Notification of access dispute
125. Notification of access dispute
126. Withdrawal of notification
127. Parties to an access dispute
Division 3 - Access determinations
128. Determination of access dispute
129. AER may require parties to mediate, conciliate or engage in an alternative dispute resolution process
130. Access determination must give effect to network revenue or pricing determination
131. AER may terminate access dispute in certain cases
132. AER must terminate access dispute if there is genuine competition
133. Restrictions on access determinations
134. Access determination need not require the provision of an electricity network service
Division 4 - Variation of access determinations
135. Variation of access determinations
Division 5 - Compliance with access determinations
136. Compliance with access determination
Division 6 - Access dispute hearing procedure
137. Hearing to be in private
138. Right to representation
139. Procedure of AER
140. Particular powers of AER in a hearing
141. Disclosure of information
142. Power to take evidence on oath or affirmation
143. Failing to attend as a witness
144. Failing to answer questions etc
145. Intimidation etc
146. Party may request AER to treat material as confidential
147. Costs
148. Outstanding costs are a debt due to party awarded the costs
Division 7 - Joint access dispute hearings
149. Definition
150. Joint dispute hearing
151. Consulting the parties
152. Constitution and procedure of AER for joint dispute hearings
153. Record of proceedings etc
Division 8 - Miscellaneous matters
154. Correction of access determinations for clerical mistakes etc
155. Subsequent network service provider bound by access determinations
156. Regulations about the charges to be paid by parties to access dispute for AER’s costs in dispute hearing
PART 11 - GENERAL
157. Preventing or hindering access
158. Failure to make a decision under this Law or the Rules within time does not invalidate the decision
159. Penalty privilege
160. Court may grant relief from liability
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
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