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NATIONAL GAS (QUEENSLAND) LAW - SECT 27
Functions and powers of the AER
27 Functions and powers of the AER
(1) The AER has the following functions and powers: (a) to monitor compliance
by persons (including AEMO) with this Law, the Regulations and the Rules,
including compliance with an applicable access arrangement, an
access determination and a ring fencing decision; and
(b) to investigate
breaches or possible breaches of provisions of this Law, the Regulations or
the Rules, including offences against this Law; and
(ba) without limiting
paragraphs (a) and (b) , in relation to a person undertaking a trial project
under a trial Rule or trial waiver, to monitor the conduct and outcomes of the
trial project and investigate breaches or possible breaches by the person
of— (i) this Law, the Regulations and the Rules; and
(ii) in particular—
(A) in the case of a person undertaking a trial project under a
trial Rule—the trial Rule and any requirements imposed by the AEMC under
section 314B ; and
(B) in the case of a person undertaking a trial project
under a trial waiver—the trial waiver and any conditions to which the
trial waiver is subject; and
(c) to institute and conduct proceedings in
relation to breaches of provisions of this Law, the Regulations or the Rules,
including offences against this Law; and
(d) to institute and conduct appeals
from decisions in proceedings referred to in paragraph (c) ; and
(daa) to
make— (i) scheme pipeline determinations; and
(ii)
scheme pipeline revocation determinations; and
(iii)
greenfields incentive determinations; and
(iv)
greenfields price protection determinations; and
(dab) to monitor
service providers’ behaviour in relation to particular matters, including,
for example, the prices charged by service providers for pipeline services;
and
(da) to make a rate of return instrument; and
(e) AER economic
regulatory functions or powers; and
(ea) to make and amend the
Operational Transportation Service Code in accordance with this Law and the
Rules; and
(eb) the AER trial waiver functions; and
(f) to prepare and
publish reports on the financial and operational performance of
service providers in providing pipeline services by means of scheme pipelines;
and
(fa) in relation to goods or services in the natural gas industry— (i)
to prepare and publish, in accordance with the Rules, aggregated and
anonymised information or data about prices for those goods or services; and
(ii) other monitoring, analysing or reporting functions that relate to prices
for those goods or services conferred on the AER by this Law or the Rules; and
(iii) for the purposes of subparagraph (i) or (ii) —to collect and analyse
information or data about prices from sources determined by the AER or
specified in the Rules; and
(g) to approve compliance programs of
service providers relating to compliance by service providers with this Law or
the Rules; and
(h) any other functions and powers conferred on it under this
Law or the Rules.
(1a) The AER has the following functions and powers in
relation to the Procedures: (a) to investigate breaches or possible breaches
of the Procedures referred to the AER by AEMO; and
(b) to institute and
conduct proceedings in relation to breaches of the Procedures referred to the
AER by AEMO; and
(c) to institute and conduct appeals from decisions in
proceedings referred to in paragraph (b) ; and
(d) to approve, in
consultation with AEMO, compliance programs relating to compliance by
Registered participants with the Procedures.
(2) The AER has the power to do
all things necessary or convenient to be done for or in connection with the
performance of its functions.
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