South Australian Numbered Acts South Australian Numbered Acts43—Insertion of Chapter 2 Part 6 Division 6 Subdivision 5
Chapter 2 Part 6 Division 6—after Subdivision 4 insert:
Subdivision 5—Declared wholesale gas market information
91FEJ—Information required to be given to AEMO
(1) A person who has possession or control of information must give the information to AEMO if—
(a) the information relates to the operation and administration of the covered gas industry; and
(b) the information is necessary for AEMO to perform a declared system function under section 91BA(1)(c) or (d); and
(c) the person is required by the Rules to give the information to AEMO.
(2) The information must be given to AEMO in accordance with the Wholesale Market Procedures or the Rules.
(3) Subsection (1)
does not apply if the person is exempt under the Rules from giving the information.
(4) Subsection (1)
does not require—
(a) a person to disclose information that is the subject of legal professional privilege; or
(b) a natural person to disclose information that would incriminate the person or make the person liable to a criminal penalty under the law of an Australian jurisdiction, whether or not the jurisdiction is a participating jurisdiction.
91FEK—Person cannot rely on duty of confidence to avoid compliance with obligation
A person must not refuse to comply with the requirement in section 91FEJ
on the ground of any duty of confidence.
91FEL—Giving AEMO false or misleading information
A person must not give information to AEMO under this Subdivision that the person knows is false or misleading in a material particular.
91FEM—Immunity of persons giving information to AEMO
(1) A person who gives information to AEMO under this Subdivision does not incur any civil monetary liability for an act or omission in giving that information unless the act or omission is done or made in bad faith or through negligence.
(2) The civil monetary liability for an act or omission of a kind referred to in subsection (1)
done or made through negligence may not exceed the maximum amount prescribed by the Regulations.
(3) The Regulations may, for the purposes of subsection (2)
, without limitation do all or any of the following:
(a) prescribe a maximum amount that is limited in its application to persons, events, circumstances, losses or periods specified in the Regulations;
(b) prescribe maximum amounts that vary in their application according to the persons to whom, or the events, circumstances, losses or periods to which, they are expressed to apply;
(c) prescribe the manner in which a maximum amount is to be divided amongst claimants.
(4) A person mentioned in subsection (1)
may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.