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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
A BILL FOR
An Act to amend the National Electricity (South Australia)
Act 1996.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of National Electricity (South
Australia) Act 1996
4 Amendment of
section 12—Specific regulation-making power
5 Amendment of
section 14—Freedom of information
6 Insertion of Part 7
Part 7—AEMO's additional advisory
functions
19 AEMO's additional advisory
functions
Part 3—Amendment of National Electricity
Law
7 Amendment of section 2—Definitions
8 Amendment of
section 11—Electricity market activities in this
jurisdiction
9 Amendment of section 12—Registration or exemption of
persons participating in national electricity market
10 Substitution of
section 14
14 Evidence of registration or
exemption
11 Amendment of section 15—Functions and powers of
AER
12 Amendment of section 16—Manner in which AER performs AER
economic regulatory functions or powers
13 Amendment of section
28M—Further provision about manner in which information must be provided
to AER or kept
14 Insertion of section
28ZAB
28ZAB Disclosure of information that has entered the
public domain
15 Amendment of section 28ZB—Disclosure of
confidential information authorised if detriment does not outweigh public
benefit
16 Amendment of section 34—Rule making
powers
17 Substitution of Part 5
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
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
18 Amendment of section
58—Definitions
19 Amendment of section 62—Additional Court
orders
20 Amendment of section 69A—Commercial Arbitration Acts apply to
proceedings before Dispute resolution panels
21 Amendment of section
70—Applications for judicial review
22 Amendment of section
71A—Definitions
23 Amendment of heading to Part 6, Division 3A,
Subdivision 3
24 Amendment of section 71S—Application for
review
25 Amendment of section 71U—Determination in the
review
26 Amendment of section 71V—Tribunal must be taken to have
affirmed decision if decision not made within time
27 Substitution of
71W
71W Assistance from AER or AEMO
28 Amendment of
section 72—Obligations under Rules to make payments
29 Amendment of
section 87—Definitions
30 Insertion of section
90B
90B South Australian Minister to make initial Rules
related to AEMO's functions under this Law
31 Amendment of section
91—Initiation of making of a Rule
32 Amendment of section
94—Initial consideration of request for Rule
33 Amendment of section
100—Right to make written submissions and comments in relation to draft
Rule determination
34 Amendment of section 101—Pre-final Rule
determination hearings
35 Substitution of section
102A
102A Proposal to make more preferable
Rule
36 Amendment of section 109—Definitions
37 Amendment of
section 110—Appointment of jurisdictional system security
coordinator
38 Amendment of section 111—Jurisdictional system security
coordinator to prepare jurisdictional load shedding guidelines
39 Amendment
of section 112—NEMMCO to develop load shedding procedures for each
participating jurisdiction
40 Substitution of section
113
113 Exchange of information
41 Amendment of
section 114—AEMO to ensure maintenance of supply of sensitive
loads
42 Amendment of section 115—Shedding and restoring of
loads
43 Insertion of section 115A
115A Determination of
customer load shedding arrangement
44 Amendment of section
116—Actions that may be taken to ensure safety and security of national
electricity system
45 Amendment of section 117—AEMO to liaise with
Minister of this jurisdiction and others during an emergency
46 Amendment of
section 118—Obstruction and non-compliance
47 Amendment of section
119—Immunity of AEMO and network service providers
48 Amendment of
section 120—Immunity in relation to failure to supply
electricity
49 Insertion of sections 120A and
120B
120A Immunity in relation to use of computer
software
120B Immunity from liability—dispute
resolution
50 Amendment of section 158—Failure to make a
decision under this Law or the Rules within time does not invalidate the
decision
51 Amendment of Schedule 1—Subject matter for the National
Electricity Rules
52 Amendment of Schedule 2—Miscellaneous provisions
relating to interpretation
53 Amendment of Schedule 3—Savings and
transitionals
Part 10—Transitional provisions related to AEMO
amendments
19 Definitions
20 Interaction
between this Part and jurisdictional transitional
arrangements
21 Recovery of costs of
transition
22 Transitional special project
expenditure
23 Interpretation of obsolete
references
The Parliament of South Australia enacts as
follows:
This Act may be cited as the National Electricity (South Australia)
(National Electricity Law—Australian Energy Market Operator) Amendment
Act 2009.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts Interpretation Act 1915 does
not apply to this Act or to a provision of this Act.
In this Act—
(a) a provision in Part 2 amends the National Electricity (South
Australia) Act 1996; and
(b) a provision in Part 3 amends the National Electricity Law set
out in the Schedule to the National Electricity (South Australia)
Act 1996.
Part 2—Amendment
of National Electricity (South Australia)
Act 1996
4—Amendment of
section 12—Specific regulation-making power
(1) Section 12(3)(a)—delete "NEMMCO, the AEMC or the AER" and
substitute:
the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO
T
(2) Section 12(3)(b)—delete "NEMMCO, the AEMC or the AER" and
substitute:
the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO
T
5—Amendment of
section 14—Freedom of information
(1) Section 14(b)—delete "NEMMCO" and substitute:
AEMO
(2) Section 14(c)—delete "NEMMCO" and substitute:
AEMO
After section 18 insert:
Part 7—AEMO's additional advisory
functions
19—AEMO's additional advisory
functions
(1) Subdivision 2 of Division 2 of Part 5 of the National
Electricity (South Australia) Law applies to, and in relation to, South
Australia.
(2) For the purposes of the National Electricity (South Australia)
Law, declared power system means a system for the generation,
transmission and distribution of electricity in South Australia and includes
part of such a system.
Part 3—Amendment
of National Electricity
Law
7—Amendment of
section 2—Definitions
(1) Section 2, definitions of AER economic regulatory function or
power and NEMMCO—delete these definitions
(2) Section 2—insert the following definitions in alphabetical
order:
additional advisory functions—AEMO’s additional
advisory functions are as set out in section 50B(1);
adoptive jurisdiction means (according to
context)—
(a) a participating jurisdiction for which AEMO is authorised to exercise
its additional advisory functions; or
(b) a participating jurisdiction for which AEMO is authorised to exercise
its declared network functions;
AEMO amendments means—
(a) the amendments to this Law made by the National Electricity (South
Australia) (National Electricity Law—Australian Energy Market Operator)
Amendment Act 2009; and
(b) the amendments to the Rules made by the National Electricity (South
Australia) (National Electricity Rules—Australian Energy Market Operator)
Amendment Rules 2009;
AER economic regulatory function or power means a function or
power performed or exercised by the AER under this Law or the Rules that relates
to—
(a) the economic regulation of services provided by—
(i) a regulated distribution system operator by means of, or in connection
with, a distribution system; or
(ii) a regulated transmission system operator or AEMO by means of, or in
connection with, a transmission system; or
(b) the preparation of a network service provider performance report;
or
(c) the making of a transmission determination or distribution
determination; or
(d) an access determination;
application Act means an Act of a participating jurisdiction
that applies, as a law of that jurisdiction, this Law or any part of this
Law;
augmentation of a transmission or distribution system means
work to enlarge the system or to increase its capacity to transmit or distribute
electricity;
augmentation connection agreement means an agreement for
connecting an augmentation to a declared shared network;
Australian Energy Market Operator or AEMO means
Australian Energy Market Operator Limited
(ACN 072 010 327);
Note—
Before its change of name, AEMO was known as NEMMCO.
changeover date means 1 July 2009 or some other date fixed as
the changeover date by Ministerial Gazette notice;
civil monetary liability means a liability for damages,
compensation or any other monetary amount that can be recovered by way of civil
proceedings but does not include a liability for a civil penalty or an
infringement penalty under this Law or a liability for the costs of a
proceeding;
declared network functions—AEMO's declared network
functions are as set out in section 50C(1);
declared power system of an adoptive jurisdiction has the
meaning given by the application Act of that jurisdiction;
declared shared network of an adoptive jurisdiction means the
adoptive jurisdiction’s declared transmission system excluding any part of
it that is a connection asset within the meaning of the Rules;
declared transmission system of an adoptive jurisdiction has
the meaning given by the application Act of that jurisdiction and includes any
augmentation of the defined declared transmission system;
declared transmission system operator of an adoptive
jurisdiction has the meaning given by the application Act of that
jurisdiction;
Dispute resolution panel means a person or panel of persons
appointed under the Rules to hear and determine a rule dispute;
general market information order means an order under section
53(1)(a) requiring information from persons of a class specified in the
order;
market information instrument means a general market
information order or a market information notice;
market information notice means a notice under section
53(1)(b) requiring information from the person to whom the notice is
addressed;
Ministerial Gazette notice means a notice in the South
Australian Government Gazette published by the South Australian Minister on the
recommendation of the MCE;
national transmission grid means the transmission systems
that form part of the interconnected national electricity system;
National Transmission Planner means AEMO acting in the
performance of NTP functions;
NEMMCO means National Electricity Market Management Company
Limited (ACN 072 010 327);
Note—
NEMMCO becomes AEMO (without change of corporate identity). A reference to
NEMMCO is a reference to AEMO before its change of name.
network agreement means the agreement required by section
50D(1);
NTP functions means the functions described in section
49(2);
protected information has the meaning given by section
54(1);
recognised energy industry ombudsman means a body or person
classified by Regulation as a recognised energy industry ombudsman;
shared network capability service means a service described
in section 50D(1) as a shared network capability service;
shared transmission service means a service classified under
the Rules as a shared transmission service;
statutory functions, in relation to AEMO, means functions or
powers conferred under—
(a) this Law or the Rules; or
(b) the National Gas Law, the National Gas Rules, or related subordinate
legislation;
superseded jurisdictional rules means—
(a) legislation (including subordinate legislation) of a participating
jurisdiction regulating the electricity industry in that jurisdiction
that—
(i) was in force immediately before the changeover date; and
(ii) is superseded by the AEMO amendments; and
(b) a licence condition governing the activities of the licensee in, or in
relation to, an electricity market in a participating
jurisdiction—
(i) in force immediately before the changeover date; and
(ii) superseded by the AEMO amendments; and
(c) a guideline, code, standard or other instrument governing the
operation or regulation of an electricity market in a participating
jurisdiction—
(i) made or issued by the jurisdictional regulator; and
(ii) in force immediately before the changeover date; and
(iii) superseded by the AEMO amendments;
VENCorp means the Victorian Energy Networks Corporation
continued under Part 8 of the Gas Industry Act 2001 of Victoria until the
AEMO amendments came into force;
(3) Section 2, definition of additional Minister initiated
Rules—after "section 90A" insert:
or section 90B
(4) Section 2, definition of distribution system safety
duty, (b)—delete paragraph (b) and substitute:
(b) the safe operation of a distribution system in that
jurisdiction;
(5) Section 2, definition of transmission system safety
duty, (b)—delete paragraph (b) and substitute:
(b) the safe operation of a transmission system in that
jurisdiction;
(6) Section 2, definitions of interconnected national electricity
system, jurisdictional derogation, national
electricity market, participant derogation,
Registered participant, relevant
participant—delete "NEMMCO" wherever occurring and substitute in
each case:
AEMO
8—Amendment of
section 11—Electricity market activities in this
jurisdiction
Section 11(1), (3) and (4)—delete "NEMMCO" wherever occurring and
substitute in each case:
AEMO
9—Amendment of
section 12—Registration or exemption of persons participating in national
electricity market
Section 12(1), (2), (4), (5) and (6)—delete "NEMMCO" wherever
occurring and substitute in each case:
AEMO
Section 14—delete section 14 and substitute:
14—Evidence of registration or
exemption
(1) A certificate signed by an authorised officer certifying that a person
named in the certificate is a Registered participant, or has been granted an
exemption from registration under section 12 or 13 is evidence of the
registration or exemption.
Note—
A certificate may be in respect of a Registered participant registered in
accordance with section 12 and the Rules, or in accordance with the Rules
alone.
(2) In this section—
authorised officer means—
(a) for issuing a certificate that a person is a Registered participant or
exempted from registration under section 12—AEMO’s CEO or a
person authorised by AEMO’s CEO to issue certificates under this section;
or
(b) for issuing a certificate that a person is exempted from registration
under section 13—a member of the AER.
11—Amendment of
section 15—Functions and powers of AER
(1) Section 15(1)(a)—after subparagraph (ii) insert:
(iii) AEMO with this Law, the Rules, the Regulations or a transmission
determination; and
(2) After section 15(2) insert:
(3) However, the AER—
(a) cannot make a transmission determination—
(i) regulating the revenue AEMO earns or may earn; or
(ii) regulating the price of electricity network services provided by AEMO
unless the services are shared transmission services provided by means of, or in
connection with, a declared shared network; and
(b) cannot regulate by transmission determination or in any other way the
price of any other service provided by AEMO, or the amount of any other charge
made by AEMO.
12—Amendment of
section 16—Manner in which AER performs AER economic regulatory functions
or powers
Section 16(1)(b)—delete “, and any affected Registered
participant” and substitute:
, any affected Registered participant and, if AEMO is affected by the
determination, AEMO
13—Amendment of
section 28M—Further provision about manner in which information must be
provided to AER or kept
Section 28M—delete “specify the information described in the
instrument” and substitute:
require that the information specified in the instrument
After section 28ZA insert:
28ZAB—Disclosure of information that has entered
the public domain
The AER is authorised to disclose information given to it in confidence, in
compliance with this Law or the Rules or voluntarily, if the information is
already in the public domain.
15—Amendment of
section 28ZB—Disclosure of confidential information authorised if
detriment does not outweigh public benefit
Section 28ZB(1)—delete “Despite section 28Z or 28ZA”
and substitute:
Despite section 28Z, 28ZA or 28ZAB
16—Amendment of
section 34—Rule making powers
Section 34(3)—delete "NEMMCO" wherever occurring and substitute in
each case:
AEMO
Part 5—delete the Part and substitute:
Part 5—Role of AEMO under National Electricity
Law
Division 1—General
49—AEMO's statutory functions
(1) AEMO has the following functions:
(a) to operate and administer the wholesale exchange;
(b) to promote the development and improve the effectiveness of the
operation and administration of the wholesale exchange;
(c) to register persons as Registered participants;
(d) to exempt certain persons from being registered as Registered
participants;
(e) to maintain and improve power system security;
(f) to facilitate retail customer transfer, metering and retail
competition;
(g) for an adoptive jurisdiction—the additional advisory functions
or declared network functions (as the case requires);
(h) any functions conferred by jurisdictional electricity legislation or
an application Act;
(i) any other functions conferred under this Law or the Rules.
Notes—
1 AEMO has additional functions under its
Constitution.
2 It should be noted that AEMO’s statutory
functions include its functions under the National Gas Law, the National Gas
Rules and related subordinate legislation: See definition of statutory functions
in section 2.
3 AEMO also has responsibilities, under Part 4 of the
Australian Energy Market Commission Establishment Act 2004 of South
Australia, related to administrative costs associated with the work of the
Consumer Advocacy Panel.
(2) In its role as National Transmission Planner, AEMO has the following
functions:
(a) to prepare, maintain and publish a plan for the development of the
national transmission grid (the National Transmission Network Development
Plan) in accordance with the Rules;
(b) to establish and maintain a database of information relevant to
planning the development of the national transmission grid and to make the
database available to the public;
(c) to keep the national transmission grid under review and provide advice
on the development of the grid or projects that could affect the grid;
(d) to provide a national strategic perspective for transmission planning
and coordination;
(e) any other functions conferred on AEMO under this Law or the Rules in
its capacity as National Transmission Planner.
(3) AEMO must, in carrying out functions referred to in this section, have
regard to the national electricity objective.
49A—AEMO’s power to carry out statutory
functions
AEMO has the power to do all things necessary or convenient for or in
connection with its statutory functions.
49B—Delegation
(1) Subject to subsection (2) and the Rules, AEMO may delegate any of
its functions or powers under this Law or the Rules to—
(a) a director, officer or employee of AEMO; or
(b) a member of a committee established by AEMO.
(2) However, a function or power classified by the Regulations as
non-delegable cannot be delegated.
(3) A delegate may, subject to AEMO’s directions, subdelegate a
delegated function or power to a director, officer or employee of
AEMO.
(4) A delegate (or subdelegate) must comply with any direction given by
AEMO that is relevant to the exercise of the delegated functions or
powers.
Division 2—AEMO's adoptive jurisdiction
functions
Subdivision 1—Preliminary
50—Application of this
Division
(1) Subdivision 2 applies to, and in relation to, a participating
jurisdiction if (and only if) the application Act of that jurisdiction, or an
instrument made under that Act, declares that it does so apply.
(2) Subdivision 3 applies to, and in relation to, a participating
jurisdiction if (and only if) the application Act of that jurisdiction, or an
instrument made under that Act, declares that it does so apply.
(3) A Rule or other form of subordinate legislation made for the purposes
of Subdivision 2 or 3 applies to and in relation to a participating jurisdiction
if (and only if) the relevant Subdivision applies to and in relation to that
jurisdiction.
50A—AEMO to account to relevant Minister for
performance of adoptive functions
(1) AEMO must, at the written request of the Minister of an adoptive
jurisdiction, provide information about the performance of its adoptive
functions with respect to that jurisdiction.
(2) Protected information provided in response to a request under
subsection (1) must be identified as such by AEMO at the time of providing
the information.
(3) No fee is to be charged for the provision of information under this
section.
Subdivision 2—AEMO’s additional advisory
functions
50B—Additional advisory
functions
(1) AEMO’s additional advisory functions are as follows:
(a) to prepare and publish a report on an adoptive jurisdiction’s
declared power system;
(b) to report to the Minister of an adoptive jurisdiction on matters
relevant to the future capacity and reliability of the declared power
system.
(2) The additional advisory functions are to be exercised as
follows:
(a) a report on an adoptive jurisdiction’s declared power system is
to be prepared and published under subsection (1)(a) at the request of the
Minister of the relevant jurisdiction;
(b) a report is to be provided under subsection (1)(b) at the request
of the Minister of the relevant jurisdiction or on AEMO’s own
initiative.
(3) A report under subsection (1)(a) must include an assessment of
the performance of connections between transmission systems and distribution
systems in the relevant jurisdiction and the need (if any) for new
connections.
(4) A request under subsection (1)(a) or (1)(b) may be for a single
report or for reports to be made on an annual or other periodic basis.
Subdivision 3—AEMO’s declared network
functions
50C—AEMO's declared network
functions
(1) AEMO's declared network functions are as follows:
(a) to plan, authorise, contract for, and direct, augmentation of the
declared shared network;
(b) to provide information about the planning processes for augmentation
of the declared shared network;
(c) to provide information and other services to facilitate decisions for
investment and the use of resources in the adoptive jurisdiction’s
electricity industry;
(d) to provide shared transmission services by means of, or in connection
with, the declared shared network;
(e) any other functions, related to the declared transmission system or
electricity network services provided by means of or in connection with the
declared transmission system, conferred on it under this Law or the
Rules;
(f) any other functions, related to the declared transmission system or
electricity network services provided by means of or in connection with the
declared transmission system, conferred on it under a law of the adoptive
jurisdiction.
(2) AEMO—
(a) is not limited in planning augmentation of the declared shared network
to its role as National Transmission Planner; and
(b) may make or issue market information instruments as may be necessary
or expedient for that or any other declared network function.
50D—Network agreement
(1) A declared transmission system operator must have an agreement (a
network agreement) with AEMO—
(a) for the provision of electricity network services (shared
network capability services) for the performance of AEMO’s
declared network functions; and
(b) containing such other provisions as may be required by the
Rules.
(2) A declared transmission system operator or a prospective declared
transmission system operator must, if asked to do so by AEMO, offer to enter
into a network agreement with AEMO subject to and in accordance with the
Rules.
(3) The offer must be submitted within 20 business days after the date of
the request.
(4) The terms and conditions of a network agreement under this section are
to be regarded as protected information but are liable to disclosure under the
provisions of Division 6 that allow for the disclosure of protected
information.
Exception—
Insofar as the terms and conditions of a network agreement can be inferred
from a determination to be published on AEMO’s website under section
50H(6), they are not to be regarded as protected information.
(5) The Rules may require or regulate the provision of shared network
capability services.
(6) If there is any inconsistency between a network agreement and a
transmission determination as to the price of electricity network services to be
provided by means of, or in connection with, the declared transmission system,
the transmission determination prevails.
(7) In this section—
prospective declared transmission system operator means a
person who is to carry out an augmentation of the declared transmission system
and who may therefore become a declared transmission system operator on
completion of the augmentation.
50E—Connection agreements
(1) A person to whom this section applies must have connection agreements
as follows:
(a) an agreement with AEMO for the provision of shared transmission
services; and
(b) an agreement with the relevant declared transmission system operator
for the provision of connection services as defined in the Rules.
(2) An agreement required by this section must be in accordance with the
Rules.
(3) If—
(a) a person to whom this section applies (the applicant)
wants to connect to a declared shared network; but
(b) the fault levels at the proposed connection point would, if the
connection were allowed, be likely to exceed the limits fixed under the
Rules,
AEMO may, as a condition of entering into a connection agreement with the
applicant, require the applicant to make a contribution to the cost of carrying
out the augmentation to the declared shared network necessary to reduce fault
levels to an acceptable level.
(4) This section applies to each of the following:
(a) a network service provider for a distribution system situated in the
adoptive jurisdiction;
(b) another network service user who is provided with electricity network
services by means of, or in connection with, the declared shared
network.
50F—Augmentation
(1) A declared transmission system operator must not augment the declared
shared network, or any part of the declared shared network,
unless—
(a) AEMO authorises or directs the operator to carry out the augmentation;
or
(b) the operator wins a competitive tender conducted by AEMO to carry out
the augmentation; or
(c) the augmentation is authorised by the Rules.
(2) In deciding whether a proposed augmentation to the declared shared
network should proceed, AEMO—
(a) must undertake a cost benefit analysis; and
(b) must apply a probabilistic (as distinct from a deterministic) approach
to determining the benefit of an augmentation unless—
(i) a probabilistic approach will not produce a materially different
result; or
(ii) it is not reasonably practicable to use a probabilistic approach;
or
(iii) a probabilistic approach is, for some other reason,
inappropriate.
Example—
Probabilistic planning is not relevant to negotiated network services.
Hence, if the services to be provided as a result of the augmentation are
negotiated network services, a probabilistic approach would be
inappropriate.
(3) Subject to the Rules, AEMO must conduct a competitive tender to
determine who will carry out an augmentation to a declared shared
network.
(4) A declared transmission system operator—
(a) must do anything required by the Rules to facilitate the planning,
construction or operation of an augmentation; and
(b) must, at AEMO’s request, do anything else reasonably required by
AEMO to facilitate the planning, construction or operation of an
augmentation.
Example—
A declared transmission system operator will be required by the Rules to
enter into an augmentation connection agreement with the person responsible for
operation of an augmentation to connect the augmentation with the declared
shared network.
(5) A declared transmission system operator must not engage in conduct
that has the effect of preventing or hindering the planning, construction or
operation of an augmentation.
Note—
Subsections (1), (4) and (5) are civil penalty provisions: See the
definition of civil penalty provision in
section 58.
50G—AEMO to have qualified exemption for performing
statutory functions
(1) For performing statutory functions, AEMO—
(a) is not required to be registered as a Registered participant;
and
(b) is not subject to the provisions of the Rules applicable to network
service providers.
(2) However—
(a) a Rule applicable to a Registered participant or a network service
provider extends (with or without modification) to AEMO if provision is made for
its application (or modified application) to AEMO by the Rules; and
(b) provision may be made for extending the application of such a Rule to
AEMO even though AEMO does not own, control or operate the declared shared
network.
50H—Resolution of dispute arising from attempt to
negotiate a network agreement or augmentation connection
agreement
(1) The AER may, on application by AEMO or 1 or more declared transmission
system operators, make a determination to resolve a dispute arising from an
attempt to negotiate—
(a) a network agreement or an augmentation connection agreement;
or
(b) an amendment to a network agreement or an augmentation connection
agreement.
(2) The determination may determine the terms and conditions of the
agreement or the amendment.
(3) If the AER determines the terms and conditions of an agreement or an
amendment, an agreement is taken to arise between the interested parties, or the
agreement between the interested parties is taken to be amended, in accordance
with the AER's determination.
(4) A determination may only be made under this section
if—
(a) the AER is satisfied that the applicant has made a reasonable, but
unsuccessful, attempt to negotiate the agreement or amendment; and
(b) the AER has given AEMO and all declared transmission system operators
that are to be affected by the determination an opportunity to make
representations about the terms of the proposed determination.
(5) A determination under this section takes effect on a date specified in
the determination.
(6) A determination under this section must be published on AEMO's
website.
(7) In this section, a reference to a declared transmission system
operator extends to a prospective declared transmission system
operator within the meaning of section 50D(7).
50J—General principles governing
determinations
(1) A determination under this Subdivision must be compatible with the
proper performance of AEMO’s declared network functions.
(2) In determining a dispute about a network agreement or an augmentation
connection agreement, or an amendment to a network agreement or an augmentation
connection agreement, the AER must have regard to the Rules and the allocation
of functions, powers and duties between AEMO and the declared transmission
system operator, so far as relevant to—
(a) the allocation of risk under such an agreement; or
(b) the provision of shared network capability services; or
(c) any other matter that has a bearing on the subject matter of such an
agreement.
(3) A determination cannot alter the allocation of risk under an existing
network agreement unless AEMO agrees.
(4) The provisions applicable to the determination of an access dispute
apply to a determination by the AER under this Subdivision with the following
changes:
(a) section 131(1)(c), section 131(2), section 132 and
section 133 do not apply; and
(b) any further changes necessary to adapt those provisions to the
determination of a dispute under this Division.
(5) In this section, a reference to a declared transmission system
operator extends to a prospective declared transmission system
operator within the meaning of section 50D(7).
Division 3—Information etc to be provided to
Ministers
51—Ministerial request
(1) The MCE or a Minister of a participating jurisdiction may ask AEMO for
information, a report or other services.
(2) The request may be accompanied by a written statement of the purpose
for which the information, report or other services are sought.
51A—Compliance with request
(1) AEMO must comply with a request under this Division.
(2) However, if compliance with the request would involve disclosure of
protected information, AEMO may only provide the information if its disclosure
is authorised under this Law or the Rules.
Note—
The Minister of an adoptive jurisdiction may be entitled to certain
protected information under section 50A.
51B—Quarterly report
(1) AEMO must report to the MCE in each quarter on its work under this
Division for the previous quarter.
(2) The report must—
(a) summarise each request received in the relevant quarter; and
(b) state by whom each request was made.
Division 4—Fees and charges
52—AEMO fees and charges
(1) AEMO may—
(a) determine fees and charges for services provided by it under this Law
or the Rules; and
(b) charge for and recover the fees and charges in accordance with this
Law and the Rules.
(2) The fees and charges for a service are to be determined on a
non-profit basis that—
(a) provides for full recovery of the costs of providing the service;
and
(b) does not amount to taxation; and
(c) is consistent with the requirements of the Rules.
(3) Exact equivalence is not required between the costs of providing a
service and the revenue derived from providing the service in a particular
accounting period if there are reasonable grounds to believe that costs will
over time approximate revenue.
Note—
This section does not prevent AEMO from generating a profit from the
performance of non-statutory functions (such as the provision of consultancy
services). Any such profit would not, however, be available for distribution to
members.
(4) Despite the above provisions, a component of AEMO’s fees and
charges may, if the Rules so provide, relate to costs that are not specifically
referable to services provided under this Law or the Rules.
Note—
As a general rule, AEMO’s expenditures will be allocated to services
provided to the electricity industry or the gas industry. Subsection (4) deals
with costs that cannot be wholly attributed to either industry.
(5) This section does not limit AEMO’s power to determine, charge
for and recover fees and charges for carrying out functions conferred by
jurisdictional legislation.
(6) In this section—
service includes the performance of statutory
functions.
Division 5—Information
gathering
53—Information gathering
powers
(1) If AEMO considers it reasonably necessary to do so for the exercise of
a relevant function, it may—
(a) make a general market information order requiring information from
persons of a class specified in the order; or
(b) serve a market information notice requiring information from the
person to whom the notice is addressed.
(2) A relevant function is—
(a) an NTP function; or
(b) an additional advisory function; or
(c) a declared network function; or
(d) any other statutory function for which this Law authorises AEMO to
gather information by means of a market information instrument.
(3) In considering whether to make a general market information order or
to issue a market information notice and, if so, the terms of the order or
notice, AEMO must have regard to the reasonable costs of efficient
compliance.
(4) A market information instrument—
(a) must specify—
(i) the information, or categories of information, that is to be provided
to AEMO; and
(ii) the time by which the information is required; and
(iii) in the case of a general market information order–the class of
persons to which the order applies; and
(iv) in the case of a market information notice–the name of the
person to whom the notice is addressed; and
(b) may specify the manner and form in which information must be
provided.
(5) Without limiting subsection (4), a market information
instrument—
(a) may require information of any of the following kinds:
(i) historic, current and forecast information;
(ii) information that may be derived from other information in the
possession or control of the person required to provide the information;
and
(b) may require the provision of information on an annual or other
periodic basis.
53A—Making and publication of general market
information order
(1) Before making a final decision to make a general market information
order, AEMO must—
(a) invite persons of the class to which the proposed order is addressed
to make representations about the terms of the proposed order within a period
(at least 20 business days) specified in the invitation; and
(b) consider any written representations made in response to the
invitation within the specified period.
(2) As soon as practicable after a general market information order is
made—
(a) the order must be published on AEMO's website; and
(b) notice of the making of the order must be published in a newspaper
circulating generally throughout Australia.
53B—Service of market information
notice
(1) Before serving a market information notice, AEMO must—
(a) give the person on whom AEMO intends to serve the market information
notice (the respondent) written notice of its intention to do so;
and
(b) give the respondent a draft of the market information
notice.
(2) A notice under subsection (1) must—
(a) invite the respondent to make written representations to AEMO about
whether AEMO should serve the market information notice; and
(b) specify the period (at least 20 business days ) allowed for making the
representations.
(3) AEMO must consider written representations made in response to the
invitation within the specified period before making a final decision to serve
the market information notice.
53C—Compliance with market information
instrument
(1) A market information instrument takes effect as follows:
(a) in the case of a general market information order—on publication
on AEMO's website; or
(b) in the case of a market information notice—on service of the
notice on the person to whom it is addressed.
(2) AEMO may, by written notice, exempt a person from compliance with a
general market information order—
(a) unconditionally or on specified conditions; and
(b) wholly or to a specified extent.
(3) Subject to any exemption, a person who is a member of a class to which
a general market information order applies must comply with the order.
(4) A person on whom a market information notice is served must comply
with the notice.
(5) The duty to comply with a market information instrument prevails over
a duty of confidence.
(6) However—
(a) a person cannot be required by a market information instrument to
disclose information that is the subject of legal professional privilege;
and
(b) a natural person cannot be required by a market information instrument
to disclose information that would incriminate the person or make the person
liable to a criminal penalty under the law of an Australian jurisdiction
(whether or not the jurisdiction is a participating jurisdiction).
(7) A person incurs no liability, by complying with a market information
instrument, for breach of contract, breach of confidence or any other civil
wrong.
53D—Use of information
Subject to this Law, the Rules and the Regulations, AEMO may use
information obtained by market information instrument or in any other way for
any purpose connected with the exercise of any of its statutory
functions.
53E—Providing false or misleading
information
A person must not, in purported compliance with a market information
instrument, provide information to AEMO that the person knows is false or
misleading in a material particular.
Maximum penalty:
(a) in the case of a natural person—$2 000;
(b) in the case of a body corporate—$10 000.
Division 6—Protected
information
Subdivision 1—AEMO's obligation to protect
information
54—Protected information
(1) AEMO must take all reasonable measures to protect from unauthorised
use or disclosure information (protected
information)—
(a) given to it in confidence; or
(b) given to it in connection with the performance of its statutory
functions and classified under the Rules or the Regulations as confidential
information.
(2) AEMO makes unauthorised use of protected information if (and only if)
it uses the information contrary to this Law, the Rules or the
Regulations.
Note—
Section 53D authorises AEMO (subject to the Law, the Rules and the
Regulations) to use information (whether obtained by market information
instrument or in any other way) for any purpose connected with the exercise of
any of its statutory functions.
(3) AEMO makes an unauthorised disclosure of protected information if the
disclosure is not authorised under this Law, the Rules or the
Regulations.
Subdivision 2—Disclosure of protected information
held by AEMO
54A—Authorised disclosure of protected
information
(1) AEMO is authorised to disclose protected information in accordance
with this Subdivision.
(2) AEMO may also be authorised to disclose protected information by the
Rules or the Regulations (or both).
54B—Disclosure with prior written
consent
AEMO is authorised to disclose protected information if it has the written
consent of the person from whom the information was obtained.
54C—Disclosure required or permitted by law
etc
(1) The disclosure of protected information as required or permitted by a
law of the Commonwealth, a State or Territory is authorised.
(2) The disclosure of protected information to any of the following is
authorised:
(a) the Australian Competition and Consumer Commission;
(b) the Australian Energy Regulator;
(c) the Australian Energy Market Commission;
(d) the Economic Regulation Authority of Western Australia;
(e) a jurisdictional regulator;
(f) if the information is reasonably required by a recognised energy
industry ombudsman to resolve a dispute between a Registered participant and a
customer under an industry dispute resolution scheme but the information is not
end-use consumer information—the recognised energy industry
ombudsman;
(g) a prescribed body;
(h) any staff or consultant assisting a body mentioned above in performing
its functions or exercising its powers.
(3) A person or body to whom protected information is disclosed under
subsection (2) may use the information for any purpose connected with the
performance of the functions, or the exercise of the powers, of the person or
body.
(4) AEMO may impose conditions to be complied with in relation to
protected information disclosed under subsection (2).
(5) The disclosure of protected information by a person in the ordinary
course of carrying out functions as an officer or employee of, or consultant to,
AEMO or a body mentioned in subsection (2) is authorised.
54D—Disclosure for purposes of court and tribunal
proceedings
AEMO is authorised to disclose protected information for the purposes
of—
(a) civil or criminal proceedings; or
(b) a proceeding before the Tribunal or a tribunal established by or under
a law of this jurisdiction or another participating jurisdiction.
54E—Disclosure of document with omission of
protected information
(1) If a document contains both protected information and other
information, AEMO may disclose the document with the omission of the protected
information.
(2) AEMO must include a note at the place in the document from which the
protected information is omitted to the effect that protected information has
been omitted from the document.
54F—Disclosure of non-identifying
information
AEMO is authorised to disclose protected information if—
(a) it does not disclose any elements of the information that could lead
to the identification of the person to whom the information relates;
or
(b) the manner in which it discloses the information does not identify the
person to whom that information relates.
Example—
Protected information may be combined or arranged with other information to
prevent the identification of the person to whom the protected information
relates.
54G—Disclosure of protected information for safety,
proper operation of the market etc
(1) AEMO is authorised to disclose protected information
if—
(a) the disclosure is necessary for—
(i) the safety, reliability or security of the supply of electricity;
or
(ii) the safety, reliability or security of the national electricity
system; or
(b) the disclosure is necessary for the proper operation of the national
electricity market; or
(c) the information is customer profiling information for facilitating
retail competition; or
(d) the information is in the public domain.
(2) AEMO may impose conditions to be complied with in relation to
information disclosed under subsection (1)(a), (b) or (c).
54H—Disclosure of protected information authorised
if detriment does not outweigh public benefit
(1) Subject to this section, AEMO is authorised to disclose protected
information after the restricted period if AEMO is of the
opinion—
(a) that the disclosure of the information would not cause detriment to
the person who has given it or to a person from whom that person received it;
or
(b) that, although the disclosure of the information would cause detriment
to such a person, the public benefit in disclosing it outweighs that
detriment.
(2) Before disclosing the protected information, AEMO must give the person
who gave the protected information—
(a) a written notice (an initial disclosure notice)
stating—
(i) that AEMO wishes to disclose the information, specifying the nature of
the intended disclosure; and
(ii) that AEMO is of the opinion required by subsection (1);
and
(iii) that the person, within the period specified in the notice, may make
representations to AEMO against disclosure of the information; and
(b) AEMO's decision, in writing, setting out the reasons why
AEMO—
(i) wishes to make the disclosure; and
(ii) is of the opinion required by subsection (1).
(3) If AEMO is aware that the person who gave the protected information in
turn received the information from another person and is aware of the other
person's identity and address, AEMO must, before disclosing the information give
the other person—
(a) a written notice (an initial disclosure notice)
stating—
(i) that AEMO wishes to disclose the information, specifying the nature of
the intended disclosure; and
(ii) that AEMO is of the opinion required by subsection (1);
and
(iii) that the person, within the period specified in the notice, may make
representations to AEMO against disclosure of the information; and
(b) AEMO's decision, in writing, setting out the reasons why
AEMO—
(i) wishes to make the disclosure; and
(ii) is of the opinion required by subsection (1).
(4) AEMO must consider every representation made to it by a person given
an initial disclosure notice within the time specified in the notice.
(5) The period specified in an initial disclosure notice must not be less
than 5 business days after the date the initial disclosure notice is given to
the person.
(6) If, after considering the representations, AEMO wishes to disclose the
protected information, AEMO must give the person given the initial disclosure
notice—
(a) a written notice (a further disclosure notice)
stating—
(i) that AEMO intends to disclose the information, specifying the nature
of the intended disclosure; and
(ii) that AEMO is of the opinion required by subsection (1);
and
(b) AEMO's decision, in writing, setting out the reasons why
AEMO—
(i) intends to make the disclosure; and
(ii) is of the opinion required by subsection (1).
(7) For the purposes of this section, the disclosure of anything that is
already in the public domain at the time AEMO wishes to disclose it cannot cause
detriment to any person referred to in subsection (2)
or (3).
(8) In this section—
restricted period means a period of 5 business days
after—
(a) an initial disclosure notice has been given under this section;
or
(b) a further disclosure notice has been given under this
section,
whichever is the later.
Division 7—AEMO's statutory
funds
55—Definitions
In this Division—
Rule fund means a fund existing in NEMMCO's books as a Rule
fund immediately before the changeover date or a fund established as a Rule fund
under this Division.
55A—AEMO's Rule funds
(1) Subject to the Rules, AEMO is responsible for the administration of
each Rule fund.
(2) AEMO must, if required to do so by the Rules, establish and maintain a
new Rule fund in accordance with the Rules.
(3) Nothing in this Law or the Rules constitutes AEMO, or a director of
AEMO, as a trustee of a Rule fund.
55B—Payments into and out of Rule
funds
(1) AEMO must ensure that there is paid into each Rule
fund—
(a) all amounts received by AEMO that, under the Rules, are required to be
paid into the fund; and
(b) income from investment of money in the fund.
(2) Money held in a Rule fund may be applied only in payment
of—
(a) amounts that, under the Rules, are required or permitted to be paid
from the fund; or
(b) liabilities or expenses of the fund.
55C—Investment
(1) AEMO may invest money standing to the credit of a Rule fund.
(2) AEMO must, in exercising the power of investment, exercise the care,
diligence and skill that a prudent person would exercise in managing the affairs
of others.
18—Amendment of
section 58—Definitions
Section 58, definition of civil penalty provision—after
paragraph (e) insert:
(ea) section 50D(1); or
(eb) section 50F(1) or (5); or
(ec) section 53C(3) or (4); or
19—Amendment of
section 62—Additional Court orders
Section 62—delete "NEMMCO" and substitute:
AEMO
20—Amendment of
section 69A—Commercial Arbitration Acts apply to proceedings before
Dispute resolution panels
Section 69A(1)(a)—after subparagraph (i) insert:
(ia) the referral of the Rule dispute to a Dispute resolution panel in
accordance with the Rules were a referral to arbitration in accordance with an
arbitration agreement; and
21—Amendment of
section 70—Applications for judicial review
Section 70(1)—delete "NEMMCO" wherever occurring and substitute in
each case:
AEMO
22—Amendment of
section 71A—Definitions
(1) Section 71A, definition of AER information disclosure
decision—delete the definition
(2) Section 71A—insert the following definitions (in alphabetical
order):
information disclosure decision means—
(a) a decision to disclose information made by the AER under
section 28ZB; or
(b) a decision to disclose information made by AEMO under
section 54H;
small/medium user or consumer intervener means a user or
consumer intervener consisting of an association or group of
which—
(a) the members are only small to medium users or end users; or
(b) an object or purpose is to promote the interests of small to medium
users or end users;
23—Amendment of
heading to Part 6, Division 3A, Subdivision 3
Heading to Part 6, Division 3A, Subdivision 3—delete "AER
information disclosure decisions under section 28ZB" and
substitute:
information disclosure decisions
24—Amendment of
section 71S—Application for review
(1) Section 71S(1)—delete "AER"
(2) Section 71S(4)—delete subsection (4) and
substitute:
(4) The person must lodge the application with the Tribunal no later than
5 business days after the date of the last notice given under section 28ZB
or section 54H (as the case requires).
25—Amendment of
section 71U—Determination in the review
(1) Section 71U(2)—delete subsection (2) and substitute:
(2) A determination under this section must only—
(a) affirm the information disclosure decision; or
(b) forbid disclosure by the AER or AEMO of the information or document to
which the information disclosure decision relates; or
(c) restrict, as specified in the determination, the intended disclosure
by the AER or AEMO of the information or document to which the information
disclosure decision relates.
(2) Section 71U(3)—delete "the AER" and substitute:
the AER or AEMO (as the case requires)
(3) Section 71U(4)—delete subsection (4) and substitute:
(4) A determination by the Tribunal affirming the information disclosure
decision, or forbidding or restricting disclosure of information, is, for the
purposes of this Law (other than this Part), to be taken to be a decision of the
AER or AEMO (as the case requires).
26—Amendment of
section 71V—Tribunal must be taken to have affirmed decision if decision
not made within time
Section 71V(2)—delete "AER"
Section 71W—delete the section and substitute:
71W—Assistance from AER or
AEMO
The member of the Tribunal presiding in the review may require the AER or
AEMO (as the case requires) to give information, to make a report or to give
other assistance for the purposes of the review.
28—Amendment of
section 72—Obligations under Rules to make payments
Section 72—delete "NEMMCO" wherever occurring and substitute in each
case:
AEMO
29—Amendment of
section 87—Definitions
Section 87, definitions of electricity market regulatory body
and urgent rule—delete "NEMMCO" wherever occurring and
substitute in each case:
AEMO
After section 90A insert:
90B—South Australian Minister to make initial Rules
related to AEMO's functions under this Law
(1) The Minister in right of the Crown of South Australia administering
Part 2 of the National Electricity (South Australia) Act 1996 of
South Australia (the South Australian Minister) may make Rules on
any 1 or more of the following subjects:
(a) AEMO’s statutory functions (including the additional advisory
functions and the declared network functions);
(b) the subject matter of a new head of power added to Schedule 1 by
the AEMO amendments;
(c) any other subject contemplated by, or consequential on, the AEMO
amendments.
(2) Rules may only be made under subsection (1) on the recommendation
of the MCE.
(3) Rules in the nature of a derogation may be made under
subsection (1) even though there may not have been a request for a
derogation.
(4) Section 34(3) applies to Rules made under subsection (1) in the
same way as it applies to Rules made by the AEMC.
(5) As soon as practicable after making Rules under subsection (1),
the South Australian Minister must—
(a) publish in the South Australian Government Gazette notice of the
making of the Rules stating the date of commencement of the Rules or, if
different Rules commence at different times, the various dates of commencement;
and
(b) make the Rules publicly available.
(6) Once the first Rules have been made under subsection (1), no
further Rules can be made under that subsection.
31—Amendment of
section 91—Initiation of making of a Rule
(1) Section 91(6)—delete "NEMMCO" and substitute:
AEMO
(2) Section 91—after subsection (6) insert:
(7) A request for a Rule regulating AEMO’s declared network
functions may only be made by—
(a) AEMO; or
(b) a declared transmission system operator that is a party to a network
agreement with AEMO; or
(c) a Minister of an adoptive jurisdiction.
(8) The AEMC may only make a Rule that has effect with respect to an
adoptive jurisdiction if satisfied that the proposed Rule is compatible with the
proper performance of AEMO’s declared network functions.
(9) The AEMC may only make a Rule that affects the allocation of powers,
functions and duties between AEMO and a declared transmission system operator
if—
(a) AEMO consents to the making of the Rule; or
(b) the Rule is requested by the Minister of the relevant adoptive
jurisdiction.
32—Amendment of
section 94—Initial consideration of request for Rule
Section 94(1)(c)(i) and (ii)—delete subparagraphs (i) and (ii) and
substitute:
(i) a Rule made, or a request for the making of a Rule under
section 91(1) not proceeded with, in the 12 months immediately before
the date of receipt of the request; or
(ii) another request for the making of a Rule under section 91(1) in
respect of which the AEMC is taking action under this Part.
33—Amendment of
section 100—Right to make written submissions and comments in relation to
draft Rule determination
Section 100—delete “section 99(1)” and
substitute:
section 99(1a)(b)
34—Amendment of
section 101—Pre-final Rule determination hearings
Section 101(1) and (1a)—delete “section 99(1a)” wherever
occurring and substitute in each case:
section 99(1a)(b)
35—Substitution
of section 102A
Section 102A—delete the section and substitute:
102A—Proposal to make more preferable
Rule
(1) If, in view of the response to a draft Rule determination, the AEMC
proposes to make a more preferable Rule, the AEMC may—
(a) make, and publish notice of, a draft Rule determination in respect of
the proposed more preferable Rule; or
(b) make, and publish notice of, a final Rule determination for the
proposed more preferable Rule.
(2) The final Rule determination, or further draft Rule determination, and
the related notice, must be published within 6 weeks after the end of the
period for submissions or comments on the earlier draft Rule
determination.
36—Amendment of
section 109—Definitions
(1) Section 109, definition of NEMMCO load shedding
procedures—delete the definition
(2) Section 109—insert in alphabetical order:
AEMO load shedding procedures means procedures developed
under section 112;
37—Amendment of
section 110—Appointment of jurisdictional system security
coordinator
Section 110—after subsection (2) insert:
(3) AEMO is eligible for appointment as a jurisdictional system security
coordinator for 1 or more participating jurisdictions.
(4) In its capacity as a jurisdictional system security coordinator for a
participating jurisdiction, AEMO is subject to direction by the Minister for the
relevant jurisdiction with respect to—
(a) jurisdictional load shedding guidelines; and
(b) the order in which loads are to be shed or restored; and
(c) the classification of loads as sensitive; and
(d) the sensitive loads that are not to be shed or restored without the
Minister’s approval.
38—Amendment of
section 111—Jurisdictional system security coordinator to prepare
jurisdictional load shedding guidelines
(1) Section 111(1), (2) and (3)—delete "NEMMCO" wherever occurring
and substitute in each case:
AEMO
(2) Section 111(4)—delete subsection (4) and
substitute:
(4) If AEMO is not the jurisdictional system security coordinator, the
coordinator must give a copy of the jurisdictional load shedding guidelines and
any updated guidelines to AEMO.
(5) The jurisdictional load shedding guidelines must reflect the terms of
any relevant agreement or determination about load shedding under
section 115A.
39—Amendment of
section 112—NEMMCO to develop load shedding procedures for each
participating jurisdiction
(1) Section 112, heading—delete “NEMMCO” and
substitute:
AEMO
(2) Section 112(1)—delete "NEMMCO" and substitute:
AEMO
(3) Section 112(2)—delete subsection (2) and
substitute:
(2) AEMO (if not the jurisdictional system security coordinator) must give
to the jurisdictional system security coordinator a copy of the AEMO load
shedding procedures, and any updated procedures, applicable to this
jurisdiction.
40—Substitution
of section 113
Section 113—delete section 113 and substitute:
113—Exchange of information
(1) For the purpose of enabling AEMO to maintain power system security, or
for reasons of public safety, the relevant authorities may exchange information
about loads and load shedding in the participating jurisdictions.
(2) A relevant authority must pass on information about loads and load
shedding to the Minister of a particular participating jurisdiction so far as
the information may be necessary—
(a) to enable the Minister—
(i) to manage the safety and security of those parts of the national
electricity system in the participating jurisdiction; or
(ii) to manage the safety and security of a gas system in the
participating jurisdiction; or
(b) for reasons of public safety.
(3) The Minister may give information received under subsection (2)
to other Ministers or officials responsible for public safety, or power system
or gas system safety or security, in a participating jurisdiction.
(4) A person to whom information is disclosed under subsection (3)
must not further disclose the information unless the further disclosure is to a
Minister or officials responsible for public safety, or power system or gas
system safety or security in a participating jurisdiction.
(5) In this section—
information includes confidential information relating to
loads or classes of loads given to AEMO by a Registered participant;
information about loads and load shedding means information
about—
(a) loads and classes of loads in a particular participating jurisdiction;
and
(b) the possibility or probability that the supply of electricity will
prove insufficient to meet the loads or some other reason for load shedding may
arise; and
(c) the loads to be shed in the event of insufficiency of supply or for
any other reason in accordance with—
(i) the Rules; or
(ii) jurisdictional load shedding guidelines; or
(iii) AEMO load shedding procedures;
relevant authority means—
(a) AEMO; or
(b) a jurisdictional system security coordinator.
41—Amendment of
section 114—AEMO to ensure maintenance of supply of sensitive
loads
Section 114—delete "NEMMCO" and substitute:
AEMO
42—Amendment of
section 115—Shedding and restoring of loads
(1) Section 115(1) and (2)—delete "NEMMCO" wherever occurring and
substitute in each case:
AEMO
(2) Section 115(3)—after subsection (3) insert:
(4) Subsections (2) and (3) are inapplicable where AEMO is itself the
jurisdictional system security coordinator.
After section 115 insert:
115A—Determination of customer load shedding
arrangement
(1) AEMO may, with the approval of the Minister of a participating
jurisdiction, enter into an agreement with a Registered participant to determine
the arrangements to apply to customer load shedding in the relevant
participating jurisdiction where the available supply of electricity is, or is
likely to become, less than sufficient for the reasonable requirements of the
community.
(2) If AEMO is unable to reach agreement with a Registered participant
about load shedding arrangements within 6 months after AEMO offers to enter
into an agreement with the Registered participant for that purpose, the Minister
may determine those arrangements.
(3) The Minister must, at least 14 days before arrangements take
effect under subsection (2), give the Registered participant and AEMO
written notice of the arrangements.
(4) The Minister may appoint a person to review and advise the Minister on
any proposed arrangements under this section.
(5) In determining load shedding arrangements, the Minister must take into
account the need to—
(a) protect the national electricity system; and
(b) ensure the safe and effective supply of electricity; and
(c) ensure that the available supply of electricity is fairly distributed
to the community; and
(d) increase the available supply of electricity; and
(e) regulate the use of the available supply of electricity, having regard
to the needs of the community.
(6) AEMO must publish any arrangements determined under this section on
its website.
44—Amendment of
section 116—Actions that may be taken to ensure safety and security of
national electricity system
(1) Section 116(1) and (3)—delete "NEMMCO" wherever occurring and
substitute in each case:
AEMO
(2) Section 116—after subsection (2) insert:
(2A) A direction under this section should, if practicable, be consistent
with load shedding arrangements agreed or determined under
section 115A.
(3) Section 116(6), definition of civil monetary
liability—delete the definition
45—Amendment of
section 117—AEMO to liaise with Minister of this jurisdiction and others
during an emergency
Section 117(1)—delete "NEMMCO" wherever occurring and substitute in
each case:
AEMO
46—Amendment of
section 118—Obstruction and non-compliance
Section 118—after its present contents (now to be designated as
subsection (1)) insert:
(2) A person must not, without reasonable excuse, fail to comply with a
direction under section 116.
Maximum penalty:
(a) in the case of a natural person—$20 000;
(b) in the case of a body corporate—$100 000.
47—Amendment of
section 119—Immunity of AEMO and network service
providers
(1) Section 119(1) and (5)—delete "NEMMCO" wherever occurring and
substitute in each case:
AEMO
(2) Section 119(7), definition of civil monetary
liability—delete the definition
48—Amendment of
section 120—Immunity in relation to failure to supply
electricity
(1) Section 120(1), (2) and (3)—delete "NEMMCO" wherever occurring
and substitute in each case:
AEMO
(2) Section 120(4)—delete subsection (4) and
substitute:
(4) In this section—
system operations function or power has the same meaning as
in section 119.
49—Insertion of
sections 120A and 120B
After section 120 insert:
120A—Immunity in relation to use of computer
software
(1) A protected person incurs no civil monetary liability for loss or
damage suffered by a Registered participant or other person in consequence of
the use of computer software to operate the national electricity
market.
(2) In this section—
protected person means any of the following:
(a) AEMO;
(b) an officer, employee or agent of AEMO.
120B—Immunity from liability—dispute
resolution
(1) A protected person incurs no civil monetary liability for an act or
omission in the exercise of powers or functions related to dispute resolution
under the Rules unless the act or omission is done or made in bad
faith.
(2) In this section—
protected person means—
(a) a person appointed under the Rules to manage and facilitate dispute
resolution under or in relation to the Rules; or
(b) an arbitrator, mediator or other person appointed to resolve disputes,
or assist in dispute resolution, under or in relation to the Rules; or
(c) a person or class of persons to which the protection of this section
is extended by the Regulations.
50—Amendment of
section 158—Failure to make a decision under this Law or the Rules within
time does not invalidate the decision
Section 158(1)—delete "NEMMCO" and substitute:
AEMO
51—Amendment of
Schedule 1—Subject matter for the National Electricity
Rules
(1) Schedule 1—delete "NEMMCO" wherever occurring and substitute in
each case:
AEMO
(2) Schedule 1, item 5—after “provided to Registered
participants” insert:
, or statutory functions performed,
(3) Schedule 1, item 12—delete item 12 and
substitute:
12 The augmentation of transmission systems and
distribution systems.
(4) Schedule 1, item 16—after its present contents (now to be
designated as subclause (1)) insert:
(2) The regulation of prices that AEMO charges or may charge for the
provision of shared transmission services.
(5) Schedule 1, item 24—delete item 24 and
substitute:
24 The procedure for the making of a transmission
determination by the AER, including—
(a) the submission by the relevant service provider of a proposal to the
AER relating to the revenue or prices to be regulated by the proposed
transmission determination; or
(b) the publication of notices by the AER; and
(c) the making of submissions by the relevant service provider or any
other person; and
(d) the holding of pre-determination conferences; and
(e) the publication of draft and final determinations and the giving of
reasons.
In this clause, a reference to the relevant service provider
is a reference to the regulated transmission system operator to which the
determination will apply or, if it will apply to AEMO (as provider of shared
transmission services), to AEMO.
(6) Schedule 1, item 26K—delete item 26K and
substitute:
26K Terms and conditions for the provision of electricity
network services, or any class of electricity network services (including shared
transmission services).
(7) Schedule 1, item 30(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) the appointment of persons to arbitrate, mediate or assist in some
other way in the resolution of such disputes;
(b) the appointment of a person to manage and facilitate the dispute
resolution process (without however derogating from that person’s power to
act personally as an arbitrator or mediator in a particular dispute);
(8) Schedule 1—after item 30D insert:
AEMO
30E The declared network functions.
30F The application (with or without modification) of
Rules, applicable to network service providers, to regulated transmission system
operators, or to AEMO in its capacity as a provider of transmission
services.
National transmission planning
30G The preparation, revision and publication of the
National Transmission Network Development Plan.
30H The attainment of a national strategic perspective
for transmission planning and coordination.
30I The establishment and maintenance of a database of
information relevant to planning the development of the national grid and the
provision of public access to the database.
30J The collection of information required for the
preparation or revision of the National Transmission Network Development
Plan.
(9) Schedule 1—after item 36 insert:
36A Any other matter or thing that is the subject of, or
is of a kind dealt with by, a provision of the superseded jurisdictional
rules.
52—Amendment of
Schedule 2—Miscellaneous provisions relating to
interpretation
(1) Schedule 2—after clause 2 insert:
2A—Changes of drafting practice not to affect
meaning
Differences of language between provisions of this Law or the Rules may be
explicable by reference to changes of legislative drafting practice and do not
necessarily imply a difference of meaning.
(2) Schedule 2, clause 31AF—delete clause 31AF and
substitute:
31AF—Evidentiary
certificates—AEMO
(1) In any proceedings under this Law, any of the following certificates
signed or purportedly signed by an authorised officer is evidence of the matter
certified:
(a) a certificate certifying that a document identified in the certificate
is a decision (however described) or a determination (however described) made by
AEMO or a copy of such a decision or determination;
(b) a certificate certifying that a document identified in the certificate
was made, issued, developed, prepared, promulgated, served, sent, delivered, or
given under this Law or the Rules on a specified date or over a specified
period;
(c) a certificate certifying that a decision, determination or notice was
published on AEMO’s website on a specified date.
(2) For this clause, an authorised officer is AEMO’s
CEO or a person authorised by AEMO’s CEO to issue certificates under this
clause.
53—Amendment of
Schedule 3—Savings and transitionals
Schedule 3—after clause 18 insert:
Part 10—Transitional provisions related to AEMO
amendments
19—Definitions
In this Part—
AEMO T means Australian Energy Market Operator (Transitional)
Ltd (ACN 132 770 104);
costs of transition means expenditure incurred by the
Commonwealth, AEMO T, AEMO and the former electricity planning authorities in or
in relation to—
(a) restructuring NEMMCO in anticipation of its assumption of a wider role
(as AEMO); or
(b) preparing for AEMO’s assumption of its statutory
functions;
current rules means the provisions of this Law and the
Rules;
ESIPC means the Electricity Supply Industry Planning Council
established under the Electricity Act 1996 of South
Australia;
former electricity planning authority means—
(a) VENCorp; or
(b) ESIPC;
transitional special project expenditure
means—
(a) expenditure incurred by NEMMCO in anticipation of its assumption (as
AEMO) of its role as national transmission planner and expenditure incurred by
AEMO in its role as national transmission planner during its first 3 years in
that role; and
(b) expenditure incurred by NEMMCO in providing services to the national
stakeholder steering committee for smart meters and expenditure incurred by AEMO
in providing services to the national stakeholder steering committee for smart
meters during the first 3 years after the changeover date.
20—Interaction between this Part and jurisdictional
transitional arrangements
(1) This Part and any Regulations or Rules of a saving or transitional
nature apply in a participating jurisdiction subject to any exclusions or
qualifications made by or under an Act of the participating
jurisdiction.
(2) In this clause—
Regulations or Rules of a saving or transitional nature means
Regulations or Rules relating to the transition from the superseded
jurisdictional rules to the current rules.
21—Recovery of costs of
transition
(1) AEMO may recover the costs of transition as a component of the
participant fees payable by Registered participants who are Market
Customers.
(2) The costs of transition are to be recovered—
(a) over a period of 4 financial years from the changeover date;
and
(b) in accordance with a schedule prepared by AEMO and published on its
website.
(3) AEMO is not required to consult on the schedule.
22—Transitional special project
expenditure
(1) AEMO may recover transitional special project expenditure as a
component of the participant fees payable by Registered participants who are
Market Customers.
(2) The expenditure is to be recovered—
(a) over a period of 4 financial years from the changeover date;
and
(b) in accordance with a schedule prepared by AEMO and published on its
website.
(3) AEMO is not required to consult on the schedule.
23—Interpretation of obsolete
references
As from the day AEMO assumes responsibility for the operation of a market
for electricity in a participating jurisdiction, references to the former
operator of the market in an instrument (including a legislative instrument)
relevant to the market are to be construed as references to AEMO.