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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (National Electricity and Gas
Laws—Information Collection and Publication)
Bill 2016
A BILL FOR
An Act to amend the
National
Electricity (South Australia) Act 1996
and the
National
Gas (South Australia) Act 2008
.
Contents
Part 2—Amendment of National
Electricity Law
4Amendment of section 28F—Service and
making of regulatory information instruments
5Insertion of sections 28OA and
28OB
28OBDisclosure of
information given to AER in compliance with regulatory information
instrument
6Amendment of section 28V—Preparation of
network service provider performance reports
28ZAADisclosure of
information in an aggregated form
54FADisclosure of
information in an aggregated form
11Amendment of Schedule 3—Savings and
transitionals
Part 13—Information
publication
Part 3—Amendment of National Gas
Law
12Amendment of section 48—Service and
making of regulatory information instruments
13Insertion of sections 57A and
57B
57BDisclosure of
information given to AER in compliance with regulatory information
instrument
14Amendment of section 64—Preparation of
service provider performance reports
91GFADisclosure of
information in an aggregated form
328BDisclosure of
information in an aggregated form
19Amendment of Schedule 3—Savings and
transitionals
Part 14—Information
publication
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (National Electricity
and Gas Laws—Information Collection and Publication)
Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
(a) a provision in Part 2 amends the National Electricity Law
set out in the Schedule to the
National
Electricity (South Australia) Act 1996
; and
(b) a provision in Part 3 amends the National Gas Law set out
in the Schedule to the
National
Gas (South Australia) Act 2008
.
Part 2—Amendment
of National Electricity
Law
4—Amendment
of section 28F—Service and making of regulatory information
instruments
Section 28F(3)(d)—delete paragraph (d)
5—Insertion
of sections 28OA and 28OB
After section 28O insert:
28OA—Confidentiality issues
(1) If a person wishes,
in complying with a regulatory information instrument, to give information to
the AER in confidence, the person must, when the information is given to the
AER—
(a) make a claim of confidentiality; and
(b) provide reasons in support of the claim, which must
include—
(i) information about any detriment that might be caused to the person if
the information were to be disclosed by the AER; and
(ii) information—
(A) that is reasonably within the person's knowledge and capacity to give;
and
(B) that may be relevant to the AER's consideration under
section 28ZB of whether such detriment may be considered as outweighing the
public benefit in disclosing the information.
(2) A person may, in providing reasons in support of a claim under
subsection (1)
in respect of information received from another person (a third
party), include information—
(a) that is reasonably within the person's knowledge and capacity to give;
and
(b) that—
(i) is about any detriment that might be caused to the third party if the
information were to be disclosed by the AER; and
(ii) may be relevant to the AER's consideration under section 28ZB of
whether such detriment may be considered as outweighing the public benefit in
disclosing the information.
(3) A person must, in acting under
subsection (1)
, specifically identify the information in relation to which the claim is
made.
(4) Information given to the AER in compliance with a regulatory
information instrument is not to be regarded as being given to the AER in
confidence (or to be confidential in any other respect) unless it is subject to
an express claim of confidentiality made in accordance with this
section.
28OB—Disclosure of information given to AER in
compliance with regulatory information instrument
The AER, in relation to information given to the AER in compliance with a
regulatory information instrument, is authorised to—
(a) if no claim of confidentiality has been made in accordance with
section 28OA
in relation to the information, disclose the information; or
(b) if a claim of confidentiality has been made in accordance with
section 28OA
in relation to the information, disclose the information in accordance
with Division 6.
6—Amendment
of section 28V—Preparation of network service provider performance
reports
(1) Section 28V—after subsection (1) insert:
(1a) The AER must prepare a report under this section if (and to the
extent) required by the Rules.
(2) Section 28V(2)(a)(iii)—after "profitability"
insert:
and efficiency
(3) Section 28V(3)(b)—after "profitability" insert:
or efficiency
After section 28ZA insert:
28ZAA—Disclosure of information in an aggregated
form
The AER is authorised to disclose information given to it in confidence, in
compliance with this Law or the Rules or voluntarily, if the information has
been combined or arranged with other information so that it does not reveal any
confidential aspects of the information.
8—Amendment
of section 28ZB—Disclosure of information authorised if detriment does not
outweigh public benefit
(1) Section 28ZB(1)—delete "Despite section 28Z, 28ZA
or 28ZAB but subject to this section," and substitute:
Despite sections 28X to 28ZAB (inclusive),
(2) Section 28ZB(1)—after "in confidence" insert:
, in compliance with this Law or the Rules or voluntarily,
(3) Section 28ZB—after subsection (1) insert:
(a) in the case of
information given to the AER in order to comply with a regulatory information
instrument—the AER must not disclose information under subsection (1)
unless and until—
(i) the AER has considered any reasons and information given to the AER
under section 28OA(1)(b) and (2) when determining whether or not it is of
the opinion required by subsection (1); and
(ii) the AER has complied with
subsections (1b)
, (1c) and (1d); and
(iii) the restricted period has expired; and
(b) in the case of other information—the AER must not disclose
information under subsection (1) unless and until—
(i) the AER has complied with subsections (2) to (6)
(inclusive); and
(ii) the restricted period has expired.
(1b) If the AER wishes
to disclose information to which
subsection (1a)(a)
applies (after taking into account the requirements of
subsections (1) and
(1a)(a)
) and—
(a) the AER intends to disclose the information on the basis of the AER
having formed the opinion required by subsection (1)(a), the AER must give
the person who gave the information and, if the AER is aware that the person who
gave the information in turn received the information from another person and is
aware of that other person's identity and address, that other
person—
(i) a written notice stating—
(A) that the AER wishes to disclose the information, specifying the nature
of the intended disclosure; and
(B) that the AER is of the opinion required by subsection (1)(a);
and
(ii) the AER's decision, in writing, setting out the reasons why the
AER—
(A) wishes to make the disclosure; and
(B) is of the opinion required by subsection (1)(a); or
(b) the AER intends to
disclose the information on the basis of the AER having formed the opinion
required by subsection (1)(b), the AER must give the person who gave the
information and, if the AER is aware that the person who gave the information in
turn received the information from another person and is aware of that other
person's identity and address, that other person—
(i) a written notice stating—
(A) that the AER wishes to disclose the information, specifying the nature
of the intended disclosure; and
(B) that the AER is of the opinion required by subsection (1)(b);
and
(C) that the person, within the period specified in the notice (which must
not be less than 5 business days after the date the notice is given to the
person), may make representations to the AER solely in relation to the AER's
reasons for deciding that the public benefit in disclosing the information
outweighs any detriment that may be caused to the person by the disclosure;
and
(ii) the AER's
decision, in writing, setting out the reasons why the AER—
(A) wishes to make the disclosure; and
(B) is of the opinion required by subsection (1)(b).
(1c) The AER must consider any representation that complies with the
requirements of subsection (1b)(b)(i)(C) made to it by a person given a
notice under subsection (1b)(b)(i) within the time specified in the
notice.
(1d) If, after considering any representation under subsection (1c),
the AER wishes to disclose the information, the AER must give each person given
a notice under subsection (1b)(b)(i)—
(a) a written notice stating—
(i) that the AER wishes to disclose the information, specifying the nature
of the intended disclosure; and
(ii) that the AER is of the opinion required by subsection (1)(b);
and
(b) the AER's decision, in writing, setting out the reasons why the
AER—
(i) wishes to make the disclosure; and
(ii) is of the opinion required by subsection (1)(b).
(1e) To avoid doubt, a person entitled to make representations under
subsection (1b)(b)(i) is not entitled to make representations under that
subsection in relation to the AER's assessment of the detriment that may be
caused to the person by the intended disclosure of the information.
(4) Section 28ZB(2)—delete "disclosing the information" and
substitute:
disclosing information to which subsection (1a)(b) applies
(5) Section 28ZB(3)—delete "who gave the information" and
substitute:
who gave information to which subsection (1a)(b) applies
(6) Section 28ZB(6)—delete "the representations" and
substitute:
any representation under subsection (4)
(7) Section 28ZB(7)—after "subsection" insert:
(1b),
(8) Section 28ZB—after subsection (7) insert:
(7a) Despite anything to the contrary in this Law, this section is taken
to be an exhaustive statement of the requirements of the natural justice hearing
rule in relation to—
(a) the AER's decision
under subsection (1) to disclose information given in confidence to the AER
including, but not limited to, such information given to the AER in compliance
with a regulatory information instrument and in relation to which a claim of
confidentiality has been made in accordance with section 28OA; and
(b) without limiting
paragraph (a)
, if the AER's decision under subsection (1) is to disclose the
confidential information, the AER's opinion—
(i) that the disclosure of the information would not cause detriment to
the person who gave the information or, if the person who gave the information
in turn received the information from another person, that other person (as the
case may be); or
(ii) that, although the disclosure of the information would cause
detriment to such a person, the public benefit in disclosing it outweighs that
detriment.
(9) Section 28ZB(8), definition of restricted
period—delete the definition and substitute:
restricted period means—
(a) in the case of
information given to the AER in order to comply with a regulatory information
instrument—a period of 5 business days after—
(i) a notice has been given under subsection (1b)(a)(i); or
(ii) —
(A) a notice has been given under subsection (1b)(b)(i); or
(B) a notice has been given under subsection (1d)(a),
whichever is the later; or
(b) in the case of other information—a period of 5 business
days after—
(i) an initial disclosure notice has been given under this section;
or
(ii) a further disclosure notice has been given under this
section,
whichever is the later.
After section 54F insert:
54FA—Disclosure of information in an aggregated
form
AEMO is authorised to disclose information given to it in confidence, in
compliance with this Law or the Rules or voluntarily, if the information has
been combined or arranged with other information so that it does not reveal any
confidential aspects of the information.
10—Amendment
of section 54H—Disclosure of protected information authorised if detriment
does not outweigh public benefit
Section 54H—after subsection (7) insert:
(7a) Despite anything to the contrary in this Law, this section is taken
to be an exhaustive statement of the requirements of the natural justice hearing
rule in relation to—
(a) AEMO's decision
under subsection (1) to disclose information given in confidence to AEMO;
and
(b) without limiting
paragraph (a)
, if AEMO's decision under subsection (1) is to disclose the
confidential information, AEMO's opinion—
(i) that the disclosure of the information would not cause detriment to
the person who gave the information or, if the person who gave the information
in turn received the information from another person, that other person (as the
case may be); or
(ii) that, although the disclosure of the information would cause
detriment to such a person, the public benefit in disclosing it outweighs that
detriment.
11—Amendment
of Schedule 3—Savings and transitionals
Schedule 3—after Part 12 insert:
Part 13—Information
publication
26—Information publication
The release of information given to the AER or AEMO in confidence before
the commencement of this clause will be subject to the provisions of this Law in
force immediately before that commencement.
Part 3—Amendment
of National Gas Law
12—Amendment
of section 48—Service and making of regulatory information
instruments
Section 48(3)(d)—delete paragraph (d)
13—Insertion
of sections 57A and 57B
After section 57 insert:
57A—Confidentiality issues
(1) If a person
wishes, in complying with a regulatory information instrument, to give
information to the AER in confidence, the person must, when the information is
given to the AER—
(a) make a claim of confidentiality; and
(b) provide reasons in support of the claim, which must
include—
(i) information about any detriment that might be caused to the person if
the information were to be disclosed by the AER; and
(ii) information—
(A) that is reasonably within the person's knowledge and capacity to give;
and
(B) that may be relevant to the AER's consideration under section 329
of whether such detriment may be considered as outweighing the public benefit in
disclosing the information.
(2) A person may, in providing reasons in support of a claim under
subsection (1)
in respect of information received from another person (a third
party), include information—
(a) that is reasonably within the person's knowledge and capacity to give;
and
(b) that—
(i) is about any detriment that might be caused to the third party if the
information were to be disclosed by the AER; and
(ii) may be relevant to the AER's consideration under section 329 of
whether such detriment may be considered as outweighing the public benefit in
disclosing the information.
(3) A person must, in acting under
subsection (1)
, specifically identify the information in relation to which the claim is
made.
(4) Information given to the AER in compliance with a regulatory
information instrument is not to be regarded as being given to the AER in
confidence (or to be confidential in any other respect) unless it is subject to
an express claim of confidentiality made in accordance with this
section.
57B—Disclosure of information given to AER in
compliance with regulatory information instrument
The AER, in relation to information given to the AER in compliance with a
regulatory information instrument, is authorised to—
(a) if no claim of confidentiality has been made in accordance with
section 57A
in relation to the information, disclose the information;
(b) if a claim of confidentiality has been made in accordance with
section 57A
in relation to the information, disclose the information in accordance
with Chapter 10 Part 2 Division 1.
14—Amendment
of section 64—Preparation of service provider performance
reports
(1) Section 64—after subsection (1) insert:
(1a) The AER must prepare a report under this section if (and to the
extent) required by the Rules.
(2) Section 64(2)(a)(iii)—after "profitability"
insert:
and efficiency
(3) Section 64(3)(b)—after "profitability" insert:
or efficiency
After section 91GF insert:
91GFA—Disclosure of information in an aggregated
form
AEMO is authorised to disclose information given to it in confidence, in
compliance with this Law or the Rules or voluntarily, if the information has
been combined or arranged with other information so that it does not reveal any
confidential aspects of the information.
16—Amendment
of section 91GH—Disclosure of protected information authorised if
detriment does not outweigh public benefit
Section 91GH—after subsection (7) insert:
(7a) Despite anything to the contrary in this Law, this section is taken
to be an exhaustive statement of the requirements of the natural justice hearing
rule in relation to—
(a) AEMO's decision
under subsection (1) to disclose information given in confidence to AEMO;
and
(b) without limiting
paragraph (a)
, if AEMO's decision under subsection (1) is to disclose the
confidential information, AEMO's opinion—
(i) that the disclosure of the information would not cause detriment to
the person who gave the information or, if the person who gave the information
in turn received the information from another person, that other person (as the
case may be); or
(ii) that, although the disclosure of the information would cause
detriment to such a person, the public benefit in disclosing it outweighs that
detriment.
After section 328A insert:
328B—Disclosure of information in an aggregated
form
The AER is authorised to disclose information given to it in confidence, in
compliance with this Law or the Rules or voluntarily, if the information has
been combined or arranged with other information so that it does not reveal any
confidential aspects of the information.
18—Amendment
of section 329—Disclosure of information authorised if detriment does not
outweigh public benefit
(1) Section 329(1)—delete "Despite section 327, 328
and 328A but subject to this section," and substitute:
Despite sections 325 to 328B (inclusive),
(2) Section 329(1)—after "in confidence" insert:
, in compliance with this Law or the Rules or voluntarily,
(3) Section 329—after subsection (1) insert:
(a) in the case of
information given to the AER in order to comply with a regulatory information
instrument—the AER must not disclose information under subsection (1)
unless and until—
(i) the AER has considered any reasons and information given to the AER
under section 57A(1)(b) and (2) when determining whether or not it is of
the opinion required by subsection (1); and
(ii) the AER has complied with
subsections (1b)
, (1c) and (1d); and
(iii) the restricted period has expired; and
(b) in the case of other information—the AER must not disclose
information under subsection (1) unless and until—
(i) the AER has complied with subsections (2) to (6)
(inclusive); and
(ii) the restricted period has expired.
(1b) If the AER
wishes to disclose information to which
subsection (1a)(a)
applies (after taking into account the requirements of
subsections (1) and
(1a)(a)
) and—
(a) the AER intends to disclose the information on the basis of the AER
having formed the opinion required by subsection (1)(a), the AER must give
the person who gave the information and, if the AER is aware that the person who
gave the information in turn received the information from another person and is
aware of that other person's identity and address, that other
person—
(i) a written notice stating—
(A) that the AER wishes to disclose the information, specifying the nature
of the intended disclosure; and
(B) that the AER is of the opinion required by subsection (1)(a);
and
(ii) the AER's decision, in writing, setting out the reasons why the
AER—
(A) wishes to make the disclosure; and
(B) is of the opinion required by subsection (1)(a); or
(b) the AER intends
to disclose the information on the basis of the AER having formed the opinion
required by subsection (1)(b), the AER must give the person who gave the
information and, if the AER is aware that the person who gave the information in
turn received the information from another person and is aware of that other
person's identity and address, that other person—
(A) that the AER wishes to disclose the information, specifying the nature
of the intended disclosure; and
(B) that the AER is of the opinion required by subsection (1)(b);
and
(C) that the person, within the period specified in the notice (which must
not be less than 5 business days after the date the notice is given to the
person), may make representations to the AER solely in relation to the AER's
reasons for deciding that the public benefit in disclosing the information
outweighs any detriment that may be caused to the person by the disclosure;
and
(ii) the AER's
decision, in writing, setting out the reasons why the AER—
(A) wishes to make the disclosure; and
(B) is of the opinion required by subsection (1)(b).
(1c) The AER must consider any representation that complies with the
requirements of subsection (1b)(b)(i)(C) made to it by a person given a
notice under subsection (1b)(b)(i) within the time specified in the
notice.
(1d) If, after considering any representation under subsection (1c),
the AER wishes to disclose the information, the AER must give each person given
a notice under subsection (1b)(b)(i)—
(a) a written notice stating—
(i) that the AER wishes to disclose the information, specifying the nature
of the intended disclosure; and
(ii) that the AER is of the opinion required by subsection (1)(b);
and
(b) the AER's decision, in writing, setting out the reasons why the
AER—
(i) wishes to make the disclosure; and
(ii) is of the opinion required by subsection (1)(b).
(1e) To avoid doubt, a
person entitled to make representations under
subsection (1b)(b)(i)
is not entitled to make representations under that subsection in relation
to the AER's assessment of the detriment that may be caused to the person by the
intended disclosure of the information.
(4) Section 329(2)—delete "disclosing the information" and
substitute:
disclosing information to which subsection (1a)(b) applies
(5) Section 329(3)—delete "who gave the information" and
substitute:
who gave information to which subsection (1a)(b) applies
(6) Section 329(6)—delete "the representations" and
substitute:
any representation under subsection (4)
(7) Section 329(7)—after "subsection" insert:
(1b),
(8) Section 329—after subsection (7) insert:
(7a) Despite anything to the contrary in this Law, this section is taken
to be an exhaustive statement of the requirements of the natural justice hearing
rule in relation to—
(a) the AER's
decision under subsection (1) to disclose information given in confidence
to the AER including, but not limited to, such information given to the AER in
compliance with a regulatory information instrument and in relation to which a
claim of confidentiality has been made in accordance with section 57A;
and
(b) without limiting
paragraph (a)
, if the AER's decision under subsection (1) is to disclose the
confidential information, the AER's opinion—
(i) that the disclosure of the information would not cause detriment to
the person who gave the information or, if the person who gave the information
in turn received the information from another person, that other person (as the
case may be); or
(ii) that, although the disclosure of the information would cause
detriment to such a person, the public benefit in disclosing it outweighs that
detriment.
(9) Section 329(8), definition of restricted
period—delete the definition and substitute:
restricted period means—
(a) in the case of
information given to the AER in order to comply with a regulatory information
instrument—a period of 5 business days after—
(i) a notice has been given under subsection (1b)(a)(i); or
(ii) —
(A) a notice has been given under subsection (1b)(b)(i); or
(B) a notice has been given under subsection (1d)(a),
whichever is the later; or
(b) in the case of other information—a period of 5 business
days after—
(i) an initial disclosure notice has been given under this section;
or
(ii) a further disclosure notice has been given under this
section,
whichever is the later.
19—Amendment
of Schedule 3—Savings and transitionals
Schedule 3—after Part 13 insert:
Part 14—Information
publication
89—Information publication
The release of information given to the AER or AEMO in confidence before
the commencement of this clause will be subject to the provisions of this Law in
force immediately before that commencement.