South Australian Numbered Acts

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11—Insertion of section 90EC

After section 90EB insert:

90EC—South Australian Minister to make initial Rules relating to Ministerial reliability instrument

        (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—

            (a)         for or with respect to—

                  (i)         the Ministerial reliability instrument amendments; and

                  (ii)         any other subject contemplated by, or necessary or expedient for, the Ministerial reliability instrument amendments; and

            (b)         that revoke or amend a Rule as a consequence of the enactment of the Ministerial reliability instrument amendments.

        (2)         Section 34(3) applies to Rules made under subsection (1)

in the same way as it applies to Rules made by the AEMC.

        (3)         For the purposes of subsection (1)

, a reference in section 34(1) to the national electricity system is taken to be a reference to the national electricity system or a local electricity system (as the context requires).

        (4)         Rules in the nature of a derogation may be made under subsection (1)

even though there may not have been a request for a derogation.

        (5)         Rules made under subsection (1)

may be differential Rules.

        (6)         As soon as practicable after making Rules under this section, the South Australian Minister must—

            (a)         publish notice of the making of the Rules in the South Australian Government Gazette; and

            (b)         make the Rules publicly available.

        (7)         The notice referred to in subsection (6)(a)

must state—

            (a)         the date on which the Rules commence operation; or

            (b)         if different Rules will commence operation on different dates, those dates.

        (8)         Rules may only be made under subsection (1)

on the recommendation of the MCE.

        (9)         Once the first Rules have been made under subsection (1)

, no further Rules can be made under that subsection.

        (10)         In this section—

"differential Rule" means a Rule that—

            (a)         varies in its terms as between—

                  (i)         the national electricity system; and

                  (ii)         1 or more, or all, of the local electricity systems; or

            (b)         does not have effect with respect to 1 or more of those systems;

"local electricity system" means—

            (a)         an electricity system in this jurisdiction prescribed or declared in or under the application Act of this jurisdiction to be a local electricity system; and

            (b)         the generating systems and other facilities owned, controlled or operated in this jurisdiction connected to that local electricity system;

"Ministerial reliability instrument amendments" means the amendments made to this Law by the National Electricity (South Australia) (Ministerial Reliability Instrument) Amendment Act 2022


Schedule 1—Transitional provision

1—Transitional provision

A T-3 reliability instrument made by the Minister under section 19B of the National Electricity (South Australia) Act 1996

(the "South Australian Minister") and in effect immediately before the repeal of section 19B by Part 2

of this Act will be taken to continue in effect according to its terms as if it were a T-3 reliability instrument made by the South Australian Minister under section 14JA of the National Electricity (South Australia) Law (as enacted by this Act).

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