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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
National Electricity (South Australia) (Smart Meters)
Amendment Bill 2009
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
Law
Division 1—Smart meter
amendments
4 Amendment of section 2—Definitions
5 Insertion
of Part 8A
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—Ministerial smart meter rollout
determinations
118D Ministerial smart meter rollout
determinations
118E Public consultation required before
making Ministerial smart meter rollout metering determination
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
Division 2—Other related
amendments
6 Insertion of section 90C
90C South
Australian Minister to make initial Rules related to smart
meters
The Parliament of South Australia enacts as
follows:
This Act may be cited as the National Electricity (South Australia)
(Smart Meters) 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 provision in Part 2 amends the National Electricity
Law set out in the Schedule to the National Electricity (South Australia)
Act 1996.
Part
2—Amendment of National Electricity
Law
Division 1—Smart
meter amendments
4—Amendment of
section 2—Definitions
(1) Section 2, definition of additional Minister initiated
Rules—delete "or section 90B" and substitute:
, section 90B or section 90C
(2) Section 2—after the definition of Ministerial Gazette
notice insert:
Ministerial pilot metering determination means a
determination made under section 118B;
Ministerial smart metering determination
means—
(a) a Ministerial smart meter rollout determination; or
(b) a Ministerial pilot metering determination;
Ministerial smart meter rollout determination means a
determination made under section 118D;
(3) Section 2—after the definition of shared transmission
service insert:
smart meter amendments means the amendments to this Law made
by section 5 of the National Electricity (South Australia) (Smart
Meters) Amendment Act 2009 of South Australia;
After Part 8 insert:
Part 8A—Smart metering
services
Division 1—Interpretation
118A—Definitions
In this Part—
relevant customer means a person who consumes electricity
through a supply point connected to a distribution system owned, operated or
controlled by a regulated distribution system operator to which a Ministerial
smart metering determination applies;
required smart metering infrastructure means smart metering
infrastructure that is specified under the Rules to be required smart metering
infrastructure;
smart meter assessment means an assessment of the costs and
benefits, or operational performance, or both, of different smart metering
infrastructure and other related technologies, including devices designed to
enable direct load control;
smart metering infrastructure means infrastructure (and
associated systems) associated with the installation and operation of remotely
read electricity metering and communications, including interval meters designed
to transmit data to, and receive data from, a remote locality;
smart metering services means services provided by means of
required smart metering infrastructure that are specified as smart metering
services under the Rules;
smart meter trials means trials of smart metering
infrastructure and other related technologies, including devices designed to
enable direct load control.
Division 2—Ministerial pilot metering
determinations
118B—Ministerial pilot metering
determinations
(1) A Minister of a participating jurisdiction may make a determination
that requires a regulated distribution system operator that earns most of its
revenue from the provision of electricity network services provided by means of
a distribution system situated partly or wholly in that participating
jurisdiction to conduct smart meter trials or undertake a smart meter assessment
(or both).
(2) In making a Ministerial pilot metering determination, the Minister
must have regard to—
(a) the national electricity objective; and
(b) any comments or submissions made to the Minister as part of the
consultation conducted under section 118C.
(3) A Ministerial pilot metering determination must specify the regulated
distribution system operator, or the class of regulated distribution system
operator to which the determination applies (the relevant operator or
relevant operators).
(4) Without limiting subsection (1), a Ministerial pilot metering
determination may—
(a) specify minimum standards of performance and service that must be met
or investigated by the relevant operator or relevant operators in conducting
smart meter trials;
(b) specify the nature and timing of the smart meter trials;
(c) in relation to information derived from a smart meter trial or a smart
meter assessment, require the relevant operator or relevant operators
to—
(i) subject to any conditions specified in the determination, provide that
information to a person specified in the determination; or
(ii) make such information publicly available.
(5) A requirement of the kind referred to in subsection (4)(c) may
require information that relates to a person—
(a) be provided to another person; or
(b) be made publicly available.
(6) However, a requirement referred to in subsection (4)(c) must not
require the relevant operator to make the information publicly available in a
manner that identifies the person to whom the information relates unless the
relevant operator has the written consent of the person to do so.
(7) Subsection (6) does not apply to information that is in the
public domain.
118C—Consultation with interested persons required
before making Ministerial pilot metering determination
Before making a Ministerial pilot metering determination, the Minister must
consult with a person or body that the Minister considers has an interest in the
determination.
Division 3—Ministerial smart meter rollout
determinations
118D—Ministerial smart meter rollout
determinations
(1) A Minister of a participating jurisdiction may make a determination
about the provision of smart metering services by a regulated distribution
system operator that earns most of its revenue from the provision of electricity
network services provided by means of a distribution system situated partly or
wholly in that participating jurisdiction.
(2) In making a Ministerial smart meter rollout determination, the
Minister must have regard to—
(a) the national electricity objective; and
(b) any submissions made to the Minister as part of the consultation
conducted under section 118E.
(3) A Ministerial smart meter rollout determination must not be
inconsistent with the Rules.
(4) A Ministerial smart meter rollout determination must—
(a) specify the regulated distribution system operator, or the class of
regulated distribution system operator to which the determination applies (the
relevant operator or relevant operators); and
(b) specify any of the following or a combination of any of the following
in relation to which the relevant operator or relevant operators must provide
smart metering services:
(i) the minimum number of relevant customers;
(ii) the class of relevant customers;
(iii) the minimum number of supply points; and
(c) specify the date on which the determination expires.
(5) Without limiting subsection (1), a Ministerial smart meter
rollout determination may specify—
(a) the date or dates by which, and the location at which, smart metering
services, or different classes of smart metering services, must be
provided;
(b) the date or dates by which required smart metering infrastructure, or
different classes of smart metering infrastructure, become
operational.
(6) A Ministerial smart meter rollout determination has effect according
to its tenor despite anything to the contrary in any agreement or
contract.
118E—Public consultation required before making
Ministerial smart meter rollout metering determination
Before making a Ministerial smart meter rollout metering determination, the
Minister must consult with the public about the determination.
Division 4—Provisions applicable to Ministerial
smart metering determinations
118F—Compliance with Ministerial smart metering
determinations
(1) A regulated distribution system operator must comply with a
Ministerial smart metering determination that applies to the operator.
(2) A regulated distribution system operator incurs, by complying with a
Ministerial pilot metering determination, no liability for breach of contract,
breach of confidence or any other civil wrong.
118G—Minister of participating jurisdiction must
consult with other participating jurisdiction Ministers
A Minister of a participating jurisdiction must consult with the Ministers
of the other participating jurisdictions before making a Ministerial smart
metering determination.
118H—Content of Ministerial smart metering
determinations
A Ministerial smart metering determination—
(a) may be of general or limited application;
(b) may differ according to differences in time, place and
circumstances.
118I—Publication and giving of Ministerial smart
metering determinations
As soon as practicable after a Ministerial smart metering determination is
made the determination—
(a) must be published in the South Australian Government Gazette;
and
(b) must be given to—
(i) every regulated distribution system operator to which it applies;
and
(ii) the AER; and
(iii) the AEMC.
118J—When Ministerial smart metering determinations
take effect
A Ministerial smart metering determination has effect on and after the day
specified in the determination for the period specified in the
determination.
118K—AEMC must publish Ministerial smart metering
determination it receives on its website
The AEMC must publish a Ministerial smart metering determination on its
website as soon as practicable after receiving it.
Division 2—Other
related amendments
After section 90B insert:
90C—South Australian Minister to make initial Rules
related to smart meters
(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
for or with respect to either or both of the following subjects:
(a) the smart meter amendments;
(b) any other subject contemplated by, or consequential on, the smart
meter amendments.
(2) Rules may only be made under subsection (1) on the recommendation
of the MCE.
(3) Section 34(3) applies to Rules made under subsection (1) in
the same way as it applies to Rules made by the AEMC.
(4) 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.
(5) Once the first Rules have been made under subsection (1), no
further Rules can be made under that subsection.