South Australian Numbered Acts

STATUTES AMENDMENT (NATIONAL ENERGY LAWS) (GAS PIPELINES) ACT 2022 (NO 21 OF 2022) - SECT 43

43—Insertion of Chapter 2, Part 1, Division 4A

Chapter 2, Part 1—after Division 4 insert:

Division 4A—Monitoring service providers

63A—AER must monitor service providers' behaviour

The AER must regularly and systematically monitor the following matters:

            (a)         the prices charged by service providers for pipeline services;

            (b)         the non-price terms and conditions for pipeline services;

            (c)         the financial information reported by service providers;

            (d)         the outcomes of access negotiations;

            (e)         service providers' dealings with associates;

            (f)         service providers' compliance with ring fencing requirements;

            (g)         the compliance of service providers with other requirements of this Law and the Rules.

63B—AER must report to MCE

        (1)         At least every 2 years, the AER must report to the MCE on its work under this Division for the previous 2 years (the "relevant period").

        (2)         The MCE may issue a direction to the AER requiring the AER to include information in the report about a stated matter that relates to the AER's performance or exercise of its functions or powers under Chapters 3 to 5.

        (3)         The report must—

            (a)         state how many service providers the AER monitored during the relevant period for the purposes of this Division; and

            (b)         summarise the information obtained in relation to the matters mentioned in section 63A

; and

            (c)         state how the AER obtained information contained in the report; and

            (d)         give an assessment of the behaviour of service providers in relation to the matters mentioned in section 63A

; and

            (e)         state the extent to which service providers have complied, or failed to comply, with their obligations under this Law, the Regulations and the Rules; and

            (f)         include any information requested in a direction issued by the MCE under subsection (2)

.

        (4)         As soon as practicable after giving a report to the MCE under this section, the AER must publish, on its website, a version of the report that—

            (a)         contains aggregated information about each of the matters mentioned in section 63A

; and

            (b)         is not likely to result in the identification of a particular service provider.