South Australian Numbered Acts South Australian Numbered Acts7—Insertion of Chapter 2 Part 6 Division 1A
Chapter 2 Part 6—after Division 1 insert:
Division 1A—AEMO′s east coast gas system reliability and supply adequacy functions
91AD—AEMO′s east coast gas system reliability and supply adequacy functions
(1) AEMO′s east coast gas system reliability and supply adequacy functions are as follows:
(a) to monitor trends in the supply of, and demand for, natural gas in the east coast gas system and factors affecting, or that may potentially affect, the reliability or adequacy of the supply of gas within that system;
(b) to identify and communicate actual or potential risks or threats to the reliability or adequacy of the supply of natural gas within the east coast gas system;
(c) to report to and advise the MCE, including a member of the MCE, on matters relating to the reliability or adequacy of the supply of natural gas within the east coast gas system;
(d) to publish information relating to the reliability or adequacy of the supply of natural gas within the east coast gas system;
(e) to give directions to relevant entities to the extent AEMO considers necessary to maintain and improve the reliability or adequacy of the supply of natural gas within the east coast gas system;
(f) to trade in natural gas or to purchase pipeline services or services provided by a compression service provider or a storage provider to the extent AEMO considers necessary to maintain and improve the reliability or adequacy of the supply of natural gas within the east coast gas system;
(g) other functions conferred on AEMO by the Rules for the purposes of this section;
(h) to make, amend or revoke Procedures ("East Coast Gas System Procedures ) relating to a function specified in paragraphs (a)
to (g)
.
(2) AEMO must not exercise the function specified in subsection (1)(f)
unless AEMO is of the opinion that the trade or purchase is necessary to prevent, reduce or mitigate an actual or potential threat identified by AEMO in the exercise of the function specified in subsection (1)(b)
.
(3) AEMO must, within 3 months after the commencement of this section—
(a) prepare, in accordance with the Rules, guidelines relating to the exercise or performance of the functions specified in subsection (1)(e)
and (f)
; and
(b) publish the guidelines on its website.
(4) The Regulations may specify the following:
(a) the relationship between the operation of this Division, or a provision of this Division, and a law of a participating jurisdiction, in the event of an inconsistency;
(b) the extent to which a relevant entity is or is not required to comply with an east coast gas system direction in circumstances where the direction is inconsistent with a law of a participating jurisdiction;
(c) the extent to which an east coast gas system direction is not valid in circumstances where the direction is inconsistent with a law of a participating jurisdiction.
(5) The Rules may specify the following:
(a) the matters that AEMO may or must consider in determining there is or is not an actual or potential threat to the reliability or adequacy of the supply of natural gas within the east coast gas system;
(b) the kinds of directions that AEMO may or may not give under this section;
(c) the matters that AEMO may or must consider in determining whether to exercise a function specified in subsection (1)(e)
or (f)
.
91AE—AEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions
(1) AEMO must, at the written request of a Minister of a participating jurisdiction that is an east coast jurisdiction, provide information about the performance of its east coast gas system reliability and supply adequacy functions in relation to that jurisdiction.
(2) AEMO must, at the written request of the MCE, provide information about the performance of its east coast gas system reliability and supply adequacy functions in accordance with the request.
(3) Protected information provided in response to a request under this section must be identified as such by AEMO at the time of providing the information.
(4) No fee is to be charged for the provision of information under this section.
91AF—AEMO′s power of direction—east coast gas system reliability and supply adequacy
(1) AEMO may give a written direction (an "east coast gas system direction") to a relevant entity for 1 or more of the following purposes:
(a) to maintain and improve the reliability of the supply of natural gas within the east coast gas system;
(b) to maintain and improve the adequacy of the supply of natural gas within the east coast gas system.
(2) A direction must not be given under subsection (1)
unless AEMO is of the opinion that the giving of the direction is necessary to prevent, reduce or mitigate an actual or potential threat identified by AEMO in the exercise of the function specified in section 91AD(1)(b)
.
(3) Without limiting subsection (1)
, an east coast gas system direction may relate to 1 or more of the following:
(a) the operation, maintenance or use of any equipment or installation;
(b) the control of the flow of natural gas;
(c) any other matter that may affect the reliability or adequacy of the supply of natural gas within the east coast gas system.
(4) An east coast gas system direction may apply, adopt or incorporate (with or without modification) a relevant code of practice or standard (made in or outside Australia) as in force or existing when the direction is made or as in force or existing from time to time.
(5) A prohibition imposed by an east coast gas system direction may be either unconditional or subject to conditions stated in the direction.
(6) A person to whom an east coast gas system direction applies must comply with the direction to the extent to which compliance is consistent with a law of a participating jurisdiction applying to the person.
(7) A person incurs no civil monetary liability for damage, loss or injury resulting from an act or omission done or made in good faith and in compliance or purported compliance with an east coast gas system direction.
(8) In this section—
"relevant entity" means the following, excluding a small customer:
(a) a Registered participant;
(b) an exempted participant;
(c) a producer who injects natural gas into the east coast gas system;
(d) a person who buys or sells natural gas in the east coast gas system;
(e) a gas powered generator;
(f) a storage provider whose storage facility is connected to the east coast gas system;
(g) a person who provides pipeline, transport, compression or other related services in, into or out of the east coast gas system;
(h) a person specified as a relevant entity by the Rules;
"small customer" means—
(a) a small customer within the meaning of section 5(2) of the National Energy Retail Law; and
(b) a relevant customer within the meaning of the Order made under section 43 of the Gas Industry Act 2001 of Victoria and published in the Victoria Government Gazette on 25 November 2008.
91AG—East Coast Gas System Procedures
(1) The East Coast Gas System Procedures may deal with the following matters:
(a) the matters specified by the Rules;
(b) any other matter relevant to AEMO′s east coast gas system reliability and supply adequacy functions on which this Law or the Rules contemplate the making of Procedures.
(2) The East Coast Gas System Procedures—
(a) may vary according to the persons, times, places or circumstances to which they are expressed to apply; and
(b) may confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and
(c) may confer rights or impose obligations on relevant entities; and
(d) may require a relevant entity to give an indemnity against injury, damage or loss arising from the entity′s failure to comply with requirements imposed by the Procedures; and
(e) may confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and
(f) may confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the Procedures—
(i) to comply with a guideline, standard or other document of an administrative nature; or
(ii) to conduct, or submit to, a test designed by AEMO; and
(g) may exempt, or confer a power of exemption, from the application of the Procedures or specified provisions of the Procedures; and
(h) may contain provisions of a savings or transitional nature.
(3) AEMO must not, without the consent of the MCE, make East Coast Gas System Procedures that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.
(4) The East Coast Gas System Procedures must not—
(a) create an offence; or
(b) provide for a criminal or civil penalty.
91AH—Compliance with East Coast Gas System Procedures
(1) AEMO and each person to whom the East Coast Gas System Procedures are applicable must comply with those Procedures.
(2) If AEMO has reasonable grounds to suspect a breach of the East Coast Gas System Procedures, it must, after making such inquiries and investigation as it considers appropriate, make a decision as to whether the breach is a material breach.
(3) If AEMO decides the breach is material, AEMO—
(a) must publish the decision and the reasons for it on its website; and
(b) may direct the person suspected of the breach to rectify it or to take specified measures to ensure future compliance (or both); and
(c) may refer the breach to the AER.
(4) A direction by AEMO under subsection (3)(b)
must—
(a) specify the breach; and
(b) specify the date by which the direction must be complied with; and
(c) be addressed to, and given to, the person suspected of the breach.
(5) A person to whom a direction is given under subsection (3)(b)
must comply with the direction.
(6) AEMO must give a copy of its decision under subsection (2)
, its reasons for the decision and (if relevant) any direction under subsection (3)(b)
to the AER.
(7) If AEMO decides the breach is not material, AEMO must—
(a) publish the decision and the reasons for the decision on its website; and
(b) give a copy of the decision and the reason for the decision to the AER.
Note—
AEMO may provide the AER with relevant information, including protected information, related to a suspected breach of the Procedures. For disclosure of protected information, see section 91GC(2)(b).