South Australian Numbered Acts

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STATUTES AMENDMENT (GAS AND ELECTRICITY) ACT 2003 (NO 9 OF 2003) - SECT 53

53—Substitution of section 77

Section 77—delete the section and substitute:

77—Power of exemption

        (1)         The Commission may, with the approval of the Minister, grant an exemption from Part 3 (other than Division 5), or specified provisions of Part 3 (other than Division 5), on terms and conditions the Commission considers appropriate.

        (2)         If the Commission exempts a person from the requirement to hold a licence under Part 3, the Commission may (without limiting subsection (1)) by conditions of the exemption require that the person is to be treated as a gas entity for the purposes of specified provisions of this Act.

        (3)         Except as otherwise provided in the exemption, an exemption under subsection (1) may be varied or revoked by the Commission by notice in writing.

        (4)         The Minister may grant an exemption from Division 5 of Part 3, or specified provisions of that Division, on terms and conditions the Minister considers appropriate.

        (5)         Except as otherwise provided in the exemption, an exemption under subsection (4) may be varied or revoked by the Minister.

        (6)         The Technical Regulator may grant an exemption from Part 5, or specified provisions of that Part, on terms and conditions the Technical Regulator considers appropriate.

        (7)         Except as otherwise provided in the exemption, an exemption under subsection (6) may be varied or revoked by the Technical Regulator by notice in writing.

77A—Register of exemptions

        (1)         The Commission and the Technical Regulator must each keep a register of exemptions granted by the Commission or the Technical Regulator (as the case may be) under this Act.

        (2)         A register kept under this section must include the terms and conditions of each exemption recorded in it.

        (3)         A person may, without payment of a fee, inspect a register kept under this section.



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