After section 14J insert:
14JA—Minister may make T-3 reliability instrument
(1) Subject to this section, a Minister of a participating jurisdiction may make a T-3 reliability instrument for a region if—
(a) the geographical area of the participating jurisdiction constitutes the whole or a part of the region; and
(b) it appears to the Minister, on reasonable grounds, that there is a real risk during a period specified in the instrument (a "Ministerial reliability gap period") that the supply of electricity to all or part of the region may be disrupted to a significant degree (a "Ministerial reliability gap") on 1 or more occasions during the Ministerial reliability gap period.
(2) Before making a T-3 reliability instrument under subsection (1)
, the Minister must consult with AEMO and the AER in relation to the instrument the Minister proposes to make.
(3) The regulations under the application Act of a participating jurisdiction (a "local regulation") may provide for requirements (including procedures and any methodology) that must be complied with by the Minister in determining whether there is a real risk that the supply of electricity to all or part of a region may be disrupted to a significant degree.
(4) A T-3 reliability instrument under subsection (1)
must state—
(a) the date on which it takes effect; and
(b) the region to which it applies; and
(c) the first and last days of the Ministerial reliability gap period; and
(d) the trading intervals during the Ministerial reliability gap period for which liable entities may be required to hold net contract positions that are sufficient to meet their share of the one-in-two year peak demand forecast for the Ministerial reliability gap period; and
(e) AEMO's one-in-two year peak demand forecast for the Ministerial reliability gap period.
(5) A Minister of a participating jurisdiction may vary or revoke a T-3 reliability instrument made by the Minister under subsection (1)
.
(6) As soon as practicable after making or varying a T-3 reliability instrument under this section, the relevant Minister must—
(a) publish a copy of the instrument or variation in accordance with any requirements of the local regulations; and
(b) publish notice of the making or variation of the instrument in the South Australian Government Gazette.
(7) The following provisions apply to a T-3 reliability instrument under subsection (1)
:
(a) the first day of a Ministerial reliability gap period specified in the instrument under subsection (4)(c)
may not be earlier than 3 years after the day on which the instrument is made;
(b) despite any other provision of this Part, a T-3 reliability instrument under subsection (1)
that relates to 1 or more days occurring in the period commencing on 1 December 2025 and ending on 31 December 2026 may be made at any time before 1 December 2023.
(8) The Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.