South Australian Numbered Acts South Australian Numbered Acts14—Amendment of the NEL—New section 16 substituted
NEL—delete section 16 and substitute:
16—Manner in which AER performs AER economic regulatory functions or
powers
(1) The AER must, in
performing or exercising an AER economic regulatory function or power—
(a)
perform or exercise that function or power in a manner that will or is likely
to contribute to the achievement of the national electricity objective; and
(b) if
the function or power performed or exercised by the AER relates to the making
of a distribution determination or transmission determination, ensure that the
regulated network service provider to whom the determination will apply, and
any affected Registered participant, are, in accordance with the Rules—
(i)
informed of material issues under consideration by the
AER; and
(ii)
given a reasonable opportunity to make submissions in
respect of that determination before it is made.
(2) In addition, the
AER—
(a) must
take into account the revenue and pricing principles—
(i)
when exercising a discretion in making those parts of a
distribution determination or transmission determination relating to direct
control network services; or
(ii)
when making an access determination relating to a rate or
charge for an electricity network service; and
(b) may
take into account the revenue and pricing principles when performing or
exercising any other AER economic function or power, if the AER considers it
appropriate to do so.
(3) For the purposes
of subsection (2)(a)(ii), a reference to a
"direct control network service" in the revenue and pricing principles must be
read as a reference to an "electricity network service".
(4) In this
section—
"affected Registered participant" means a Registered participant (other than
the regulated network service provider to whom the distribution determination
or transmission determination will apply) whose interests are affected by the
distribution determination or transmission determination.