South Australian Numbered Acts

NATIONAL ELECTRICITY (SOUTH AUSTRALIA) (NATIONAL ELECTRICITY LAW--MISCELLANEOUS AMENDMENTS) AMENDMENT ACT 2007 (NO 53 OF 2007) - SECT 88

88—Amendment of Schedule 3 to the NEL—New clauses 10A and 10B inserted

Schedule 3 to the NEL—after clause 10 insert:

10A—AER may conduct investigations into breaches or possible breaches of NEL not investigated by NECA

        (1)         Despite anything to the contrary in this Schedule, the AER may, on and from the new commencement day, conduct an investigation into a breach or possible breach of the National Electricity Code.

        (2)         In conducting an investigation referred to in subclause (1), the AER has all the functions, and may exercise all the powers, NECA had under the old National Electricity Law and National Electricity Code to conduct an investigation into a breach or possible breach of the National Electricity Code.

10B—AER may bring proceedings in relation to breaches of National Electricity Code in the Court

        (1)         In this clause—

"AER breach investigation" means an investigation conducted and completed by the AER in accordance with clause 10 or 10A.

        (2)         On and from the new commencement day, the AER may bring proceedings in the Court in respect of an AER breach investigation.

        (3)         Despite anything to the contrary in clause 2, for the purposes this clause, sections 17(1)(b) and 44 of the old National Electricity Law apply to a proceeding under this clause as if—

            (a)         a reference to the Tribunal were a reference to the Court; and

            (b)         a reference to NECA were a reference to the AER.