South Australian Current Regulations

GAS REGULATIONS 2012 - REG 36D

36D—Annual administration fee

        (1)         For the purposes of section 59E(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;

"GA" 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 gas to small customers;

"AEMC" is the costs referred to in subregulation (2);

"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 gas) or such other matter relating to that previous period that the Minister thinks fit;

"Y" is the number of NERL retailers that retail gas to small customers at the commencement of the period to which the annual administration fee relates.

        (2)         For the purposes of section 59E(7)(c) of the Act, the costs determined by the Minister of the administration in relation to the retailing of gas 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 are prescribed.

        (3)         If a NERL retailer commences retailing gas 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 gas 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 a gas entity under the Gas Act 1997 ) 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).