(1) For the purposes
of section 63AE(2) of the Act, the annual administration fee is to be
calculated in accordance with the following formula:
where—
"X" is the annual administration fee for a NERL retailer;
"EA" is the costs determined by the Minister of the administration of the Act;
"ESC" is the costs determined by the Minister of the administration by the
Commission of the Essential Services Commission Act 2002 attributable to
the retailing of electricity to small customers;
"AEMC" is the costs referred to in subregulation (2)(a);
"AEAP" is the costs referred to in subregulation (2)(b);
"Q" is the amount determined by the Minister to adjust the annual
administration fee based on events that occurred during the period to which
the previous annual administration fee related (such as a new entrant to the
market for the retailing of electricity) or such other matter relating to that
previous period that the Minister thinks fit;
"Y" is the number of NERL retailers that retail electricity to small customers
at the commencement of the period to which the annual administration fee
relates.
(2) For the purposes
of section 63AE(7)(c) of the Act, the following costs are prescribed:
(a) the
costs determined by the Minister of the administration in relation to
retailing of electricity in South Australia of Part 9 of the National Energy
Retail Law (South Australia) by the Australian Energy Market Commission
established by the Australian Energy Market Commission Establishment
Act 2004 ;
(b) the
costs determined by the Minister of the administration in relation to
retailing of electricity in South Australia of the Energy Advisory Panel ,
being the body (formerly known as the Energy Security Board) identified by the
Energy and Climate Change Ministerial Council as responsible for giving advice
on issues relating to the security, reliability, and affordability of energy.
(3) If a NERL retailer
commences retailing electricity to small customers as a NERL retailer during a
period to which an annual administration fee relates, the annual
administration fee for the NERL retailer is to be adjusted by
multiplying—
(a) the
annual administration fee that would have been payable by the NERL retailer
had it been retailing electricity as a NERL retailer during the whole of the
relevant period; and
(b) the
proportion that the number of whole months between the commencement of
retailing and the end of the relevant period bears to 12 months.
(4) If a relevant
entity within the meaning of section 33 of the National Energy Retail
Law (South Australia) Act 2011 had, before 1 February 2013,
paid (as an electricity entity under the Electricity Act 1996 ) to the
Commission a licence fee under section 20 of the Act in respect of the
whole or any part of the period commencing on 1 February 2013 and
ending on 1 February 2014, the Commission must determine an amount
in relation to the licence fee that is to be offset against the annual
administration fee that applies to the entity, or credited or refunded to the
entity (as determined by the Commission).