South Australian Numbered Acts

STATUTES AMENDMENT (NATIONAL ENERGY RETAIL LAW) ACT 2011 (NO 7 OF 2011) - SECT 9

9—Insertion of section 6A

After section 6 insert:

6A—Nominated distributors

        (1)         The regulations under the application Act of a participating jurisdiction (a "local regulation") may—

            (a)         nominate an entity, being an entity that is licensed or otherwise authorised under the jurisdictional electricity legislation of that jurisdiction to operate a distribution system but that is not a regulated distribution system operator (within the meaning of this Law) in respect of that distribution system, as an entity to which this section applies (the "nominated distributor ); and

            (b)         apply to the nominated distributor specified provisions of the Rules that relate to the following matters:

                  (i)         the provision of connection services to retail customers;

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

                  (iii)         credit support arrangements between regulated distribution system operators and retailers.

        (2)         The application of any such specified provisions of the Rules to the nominated distributor is subject to such modifications as may be specified in the local regulation.

        (3)         The nominated distributor—

            (a)         must comply with the Rules to the extent that the Rules are applied by the local regulation to the nominated distributor; and

            (b)         may, to the extent that the Rules apply to the nominated distributor, be proceeded against under this Law for any breach of those Rules.

        (4)         A nomination of an entity by a local regulation may be made for—

            (a)         the whole or a specified part of the geographical area of a jurisdiction; or

            (b)         the whole or a specified part of a distribution system that is owned, controlled or operated by the entity,

or for both.

        (5)         The Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.