South Australian Numbered Acts

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STATUTES AMENDMENT (NATIONAL ENERGY RETAIL LAW) ACT 2011 (NO 7 OF 2011) - SECT 43

43—Insertion of section 90D

After section 90C insert:

90D—South Australian Minister may make initial Rules relating to implementation of NERL and NERR

        (1)         The Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the "South Australian Minister") may make Rules for or with respect to the following:

            (a)         retail support obligations between regulated distribution system operators and retailers;

            (b)         credit support arrangements between regulated distribution system operators and retailers;

            (c)         connection services;

            (d)         any other matter consequential on the making of the National Energy Retail Law or the National Energy Retail Rules or on the application of that Law or those Rules in a participating jurisdiction.

        (2)         The South Australian Minister may make Rules that amend the Rules made under subsection (1) for any purpose that is necessary or consequential on the application of the National Energy Retail Law or the National Energy Retail Rules in a participating jurisdiction.

        (3)         Rules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation.

        (4)         Section 34(3) applies to Rules made under this section in the same way as it applies to Rules made by the AEMC.

        (5)         As soon as practicable after making Rules under this section, the South Australian Minister must—

            (a)         publish notice of the making of the Rules in the South Australian Government Gazette; and

            (b)         make the Rules publicly available.

        (6)         The notice referred to in subsection (5)(a) must state—

            (a)         the date on which the Rules commence operation; or

            (b)         if different Rules will commence operation on different dates, those dates.

        (7)         Rules may only be made under this section on the recommendation of the MCE.

        (8)         Rules cannot be made under this section once any one of the participating jurisdictions applies the National Energy Retail Law as a law of that jurisdiction.



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