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STATUTES AMENDMENT (NATIONAL ENERGY RETAIL LAW) ACT 2011 (NO 7 OF 2011) - SECT 64

64—Insertion of section 294C

After section 294B insert:

294C—South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR

        (1)         The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the "South Australian Minister") may—

            (a)         make Rules for or with respect to the following:

                  (i)         retail support obligations between service providers and retailers;

                  (ii)         credit support arrangements between service providers and retailers;

                  (iii)         the connection of premises of retail customers;

                  (iv)         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; and

            (b)         make Retail Market Procedures.

        (2)         The South Australian Minister may make Rules or Retail Market Procedures that amend the Rules or Retail Market Procedures (as the case requires) 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)         Section 74(3) applies to Rules made under this section in the same way as it applies to Rules made by the AEMC.

        (4)         As soon as practicable after making Rules or Retail Market Procedures under this section, the South Australian Minister must—

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

            (b)         make the Rules or Procedures publicly available.

        (5)         The notice referred to in subsection (4)(a) must state—

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

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

        (6)         Rules or Retail Market Procedures may only be made under this section on the recommendation of the MCE.

        (7)         Rules or Retail Market Procedures 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.

        (8)         A reference in this section to Retail Market Procedures includes a reference to RoLR Procedures within the meaning of Part 6 of the National Energy Retail Law .



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