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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (National Energy Retail Law
Implementation) Bill 2012
A BILL FOR
An Act to amend the Electricity
Act 1996, the Essential
Services Commission Act 2002, the Gas
Act 1997, the National
Electricity (South Australia) Act 1996 and the National
Gas (South Australia) Act 2008.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Electricity
Act 1996
4Amendment of section
4—Interpretation
5Amendment of section 6A—Functions and
powers of Commission
6Amendment of section 14A—Consumer advisory
committee
7Insertion of Part 3 Division A2
Division A2—Application of
provisions
14EApplication of
provisions
8Amendment of section 23—Licences
authorising operation of transmission or distribution network
9Amendment of section 24—Licences
authorising retailing
10Amendment of section 24B—Licence
conditions and national energy laws
11Amendment of section 35A—Price
regulation by Commission
12Amendment of section 35B—Initial
electricity pricing order
13Amendment of section 36AA—Provision for
standing contract with small customers
14Insertion of Part 3
Division 3AC
Division 3AC—Contestable
services
36AFContestable
services
15Amendment of section 54—Emergency
legislation not affected
16Insertion of Part 6A
Part 6A—Regulation of NERL
retailers
63AAApplication of
Part
63ABCompliance
with certain code provisions under Essential Services Commission
Act 2002 and requirements of regulations
63ACParticipation in ombudsman
scheme
63ADCompliance
with customer concessions scheme and performance of community service
obligations
63AENERL
retailers annual administration fee
17Amendment of section
63A—Warning notices and assurances
18Amendment of section
80—Power of exemption
19Amendment of section 94B—Energy
efficiency shortfalls
20Amendment of
section 98—Regulations
Part 3—Amendment of Essential
Services Commission Act 2002
21Amendment of section
29—Commission's power to require information
Part 4—Amendment of Gas
Act 1997
22Amendment of section
4—Interpretation
23Amendment of section 6A—Functions and
powers of Commission
24Amendment of section 15—Consumer
advisory committee
25Insertion of Part 3 Division A2
Division A2—Application of
provisions
18CApplication of
provisions
26Amendment of section 26A—Licences
authorising retailing
27Insertion of section
26B
26BLicence conditions
and national energy laws
28Amendment of section 34A—Standing
contracts
29Repeal of Part 3 Division 3B
30Amendment of section 54—Emergency
legislation not affected
31Insertion of Part 5A
Part 5A—Regulation of NERL
retailers
61ACApplication of
Part
61ADCompliance
with certain code provisions under Essential Services Commission
Act 2002 and requirements of regulations
61AEParticipation in ombudsman
scheme
61AFCompliance
with customer concessions scheme and performance of community service
obligations
61AGNERL
retailers to match available gas to customers' estimated aggregate
demand
61AHNERL
retailers annual administration fee
32Amendment of section
61A—Warning notices and assurances
33Amendment of section
77—Power of exemption
34Amendment of section 91A—Energy
efficiency shortfalls
Part 5—Amendment of National
Electricity (South Australia) Act 1996
35Insertion of
section 15A
15ARegulation-making power for the purposes of the
National Electricity (South Australia) Law
36Insertion of Part
8
Part 8—Validation of instruments and
decisions of AER
20Validation of instruments and decisions made by
AER
21AER—authorisation of preparatory
steps
Part 6—Amendment of National Gas
(South Australia) Act 2008
37Insertion of
section 24
24Regulation-making power for the purposes of the
National Gas (South Australia) Law
38Insertion of
Part 6
Part 6—Validation of instruments and
decisions of AER
25Validation of instruments and decisions made by
AER
26AER—authorisation of preparatory
steps
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (National Energy Retail
Law Implementation) Act 2012.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts
Interpretation Act 1915 does not apply to this Act or a provision
of this Act.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electricity
Act 1996
4—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of National
Electricity (South Australia) Law insert:
National Energy Retail Rules means the National Energy Retail
Rules as defined in the
National
Energy Retail Law (South Australia);
(2) Section 4(1)—after the definition of naturally
occurring vegetation insert:
NERL retailer means—
(a) a person who is the holder of a retailer authorisation under the National
Energy Retail Law (South Australia); or
(b) an exempt seller within the meaning of the National
Energy Retail Law (South Australia);
(3) Section 4(1)—after the definition of public
powerline insert:
regulated entity means—
(a) an electricity entity; or
(b) a NERL retailer;
5—Amendment
of section 6A—Functions and powers of Commission
(1) Section 6A(2)—delete "electricity entities are required by
licence condition" and substitute:
regulated entities are required (whether by licence condition or
otherwise)
(2) Section 6A(3)—delete "and the National Electricity Rules"
and substitute:
, National Electricity Rules, National
Energy Retail Law (South Australia) and National Energy Retail
Rules
(3) Section 6A(4)—after "National Electricity Rules"
insert:
and National Energy Retail Rules
(4) Section 6A(4)—delete "the Rules" and substitute:
those Rules
6—Amendment
of section 14A—Consumer advisory committee
Section 14A(1)(a)—delete "licensing functions under Part 3"
and substitute:
functions under the Act
7—Insertion
of Part 3 Division A2
Part 3—after Division A1 insert:
Division A2—Application of
provisions
14E—Application of provisions
(1) Divisions 1, 3 and 4 do not apply to a NERL
retailer.
(2) Division 3AB applies to a NERL retailer (despite the fact that it
does not hold a licence under this Act).
(3) If a NERL retailer
fails to comply with a provision of Division 3AB, the NERL retailer is
guilty of an offence.
Maximum penalty: $1 000 000.
(4) An offence against
subsection (3) may
be prosecuted as an indictable offence or a summary offence at the discretion of
the prosecutor but, if prosecuted as a summary offence, the maximum penalty that
may be imposed is a fine not exceeding $20 000.
8—Amendment
of section 23—Licences authorising operation of transmission or
distribution network
(1) Section 23(1)(n)(ix)—delete
subparagraph (ix)
(2) Section 23(3) to (5)—delete subsections (3)
to (5) (inclusive)
9—Amendment
of section 24—Licences authorising retailing
Section 24(2)(f)—delete paragraph (f)
10—Amendment
of section 24B—Licence conditions and national energy
laws
Section 24B—delete "National Electricity Rules" and
substitute:
National
Electricity (South Australia) Act 1996, National Electricity Rules,
National
Energy Retail Law (South Australia) or National Energy Retail
Rules.
11—Amendment
of section 35A—Price regulation by Commission
Section 35A(1)(b)—delete paragraph (b)
12—Amendment
of section 35B—Initial electricity pricing order
Section 35B(1)(b)—delete paragraph (b)
13—Amendment
of section 36AA—Provision for standing contract with small
customers
(1) Section 36AA—after subsection (1) insert:
(1a) In addition, subsection (4a) applies to a designated retailer
under section 18(1) of the National
Energy Retail Law (South Australia) Act 2011.
(2) Section 36AA(2)—delete "the electricity entity's licence"
and substitute:
the licence of an electricity entity to which this section
applies
(3) Section 36AA(3)—delete the subsection
(4) Section 36AA(4)—delete "The entity" and
substitute:
An entity
(5) Section 36AA(6)—delete subsection (6) and
substitute:
(6) In this section—
standing contract price, in relation to an entity and a
customer, means—
(a) the price fixed by the Commission in accordance with
subsection (4a) as the entity's standing contract price for a class of
customers to which the customer belongs; or
(b) if there is no price for the time being fixed by the Commission as the
entity's standard contract price in accordance with subsection (4a), the
price fixed by the electricity pricing order under section 35B as at
31 December 2002 for the sale of electricity to non-contestable
customers;
standing contract terms and conditions, in relation to an
electricity entity, means terms and conditions that have been published by the
electricity entity under section 36 as the entity's standing contract terms
and conditions.
14—Insertion
of Part 3 Division 3AC
Part 3—after Division 3AB insert:
Division 3AC—Contestable
services
36AF—Contestable services
(1) This section applies in relation to the operation of a distribution
network.
(2) For the purposes of this section, a service will be taken to be
contestable if a customer (or potential customer) may choose the provider of the
relevant service.
(a) prescribe a class of services that are to be contestable (including a
class that may be determined according to a prescribed class of customer or any
other specified factor); and
(b) specify procedures, qualifications, standards and other requirements
(including requirements that provide for the preparation of specifications and
the use of tenders or other competitive arrangements) that must be applied in
relation to the provision of contestable services; and
(c) require compliance with any requirement imposed by a prescribed person
or body in relation to the provision of contestable services.
(4) It is a condition of an electricity entity holding a licence
authorising the operation of a distribution network that the entity must ensure
compliance with any requirements imposed by regulations under
subsection (3)
(insofar as they apply in the circumstances).
15—Amendment
of section 54—Emergency legislation not affected
(1) Section 54—delete "an electricity entity" and
substitute:
a regulated entity
(2) Section 54—after "Fire
and Emergency Services Act 2005" insert:
, National
Electricity (South Australia) Act 1996, National
Energy Retail Law (South Australia) Act 2011, National
Gas (South Australia) Act 2008
After Part 6 insert:
Part 6A—Regulation of NERL
retailers
63AA—Application of Part
This Part applies to a NERL retailer.
63AB—Compliance with certain code provisions under
Essential Services Commission Act 2002 and requirements of
regulations
(1) A NERL retailer
must comply with—
(a) code provisions as in force from time to time under the Essential
Services Commission Act 2002 specified in, or in a manner
prescribed by, the regulations; and
(b) any requirements imposed under the regulations,
relating to—
(c) technical or safety requirements or standards; and
(d) any scheme relating to energy efficiency; and
(e) any other matter related to the sale and supply of electricity by
retail specified in the regulations.
Maximum penalty: $1 000 000.
(2) An offence against
subsection (1)
may be prosecuted as an indictable offence or a summary offence at the
discretion of the prosecutor but, if prosecuted as a summary offence, the
maximum penalty that may be imposed is a fine not
exceeding $20 000.
63AC—Participation in ombudsman
scheme
(1) If a NERL retailer
sells electricity to customers with an annual electricity consumption level of
less than the level prescribed, the NERL retailer must participate in an
ombudsman scheme—
(a) that applies to the electricity supply industry and to other regulated
industries (within the meaning of the Essential
Services Commission Act 2002) prescribed by regulation;
and
(b) the terms and conditions of which are approved by the
Commission.
Maximum penalty: $1 000 000.
(2) An offence against
subsection (1) may
be prosecuted as an indictable offence or a summary offence at the discretion of
the prosecutor but, if prosecuted as a summary offence, the maximum penalty that
may be imposed is a fine not exceeding $20 000.
63AD—Compliance with customer concessions scheme
and performance of community service obligations
(1) A NERL retailer
must comply with the requirements of any scheme approved and funded by the
Minister for the provision by the State of customer concessions or the
performance of community service obligations by regulated entities.
Maximum penalty: $1 000 000.
(2) An offence against
subsection (1) may
be prosecuted as an indictable offence or a summary offence at the discretion of
the prosecutor but, if prosecuted as a summary offence, the maximum penalty that
may be imposed is a fine not exceeding $20 000.
63AE—NERL retailers annual administration
fee
(1) A NERL retailer must pay to the Commission the relevant annual
administration fee.
(2) The annual administration fee is an amount, calculated in accordance
with the regulations, that represents a reasonable contribution towards
administrative costs.
(3) For the purposes of this section, the Commission must give a NERL
retailer a notice setting out—
(a) the amount of the relevant annual administration fee; and
(b) the date by which the fee (or, if the fee is to be paid in
instalments, the first instalment of the relevant annual administration fee)
must be paid.
(4) The annual administration fee may, if the Commission so determines, be
paid in equal instalments at intervals fixed by the Commission.
(5) If a NERL retailer fails to pay the annual administration fee (or an
instalment of the annual administration fee) in accordance with this section,
the Commission may, by written notice, require the NERL retailer to make good
the default and, in addition, to pay to the Commission the amount prescribed as
a penalty for default.
(6) An annual administration fee (including any instalment of an annual
administration fee or any penalty for default) payable under this section is
recoverable as a debt due to the Crown.
(7) In this section—
administrative costs means—
(a) the costs of administration of this Act; and
(b) the costs of administration of the Essential
Services Commission Act 2002 relating to the electricity supply
industry; and
(c) other costs prescribed by regulation,
that, in the opinion of the Minister, relate to NERL retailers.
17—Amendment
of section 63A—Warning notices and assurances
(1) Section 63A(1)—after "Part 3" insert:
or Part 6A (other than in relation to contraventions of Part 6A
for which the Technical Regulator may issue a warning notice under
subsection (2))
(2) Section 63A(2)—after "Part 6" insert:
, or Part 6A in relation to contraventions relating to technical and
safety matters arising under Part 6A
18—Amendment
of section 80—Power of exemption
Section 80—after subsection (5) insert:
(6) The Minister may
grant an exemption from Part 6A, or specified provisions of that Part, on
terms and conditions the Minister considers appropriate.
(7) Except as otherwise provided in the exemption, an exemption under
subsection (6) may
be varied or revoked by the Minister.
19—Amendment
of section 94B—Energy efficiency shortfalls
Section 94B(15), definition of relevant electricity
retailer—delete the definition and substitute:
relevant electricity retailer means a regulated entity
authorised to sell electricity by retail (whether or not the entity is required
to hold a licence under this Act) identified by the regulations for the purposes
of this section.
20—Amendment
of section 98—Regulations
Section 98(2)—after paragraph (e) insert:
(ea) the power to declare that this Act, or any provision of this Act,
does not apply, or applies with prescribed variations, to, or in relation to, a
place or area within the State specified in the regulations.
Part 3—Amendment
of Essential Services Commission
Act 2002
21—Amendment
of section 29—Commission's power to require
information
(1) Section 29—after subsection (1) insert:
(1a) The power of the Commission to require information includes (without
limitation) power to require a NERL retailer required to comply with
Part 6A of the Electricity
Act 1996 or Part 5A of the Gas
Act 1997—
(a) to conduct an audit, in a manner approved by the Commission, of the
NERL retailer's compliance with the relevant Part; and
(b) to report the results of the audit to the Commission.
(2) Section 29—after subsection (3) insert:
(4) In this section—
NERL retailer has the same meaning as in the Electricity
Act 1996 or the Gas
Act 1997 (as the context requires).
Part 4—Amendment
of Gas Act 1997
22—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of gas supply
industry—delete the definition and substitute:
gas supply industry means—
(a) the operation of a distribution system; or
(b) the retailing of gas, including the operations of a NERL retailer in
relation to the retailing of gas; or
(c) without limiting paragraphs (a) or (b), any other operation
for which a licence is required under Part 3;
(2) Section 4(1)—after the definition of land
insert:
National Energy Retail Rules means the National Energy Retail
Rules as defined in the
National
Energy Retail Law (South Australia);
(3) Section 4(1)—after the definition of National Gas
Procedures (South Australia) insert:
National Gas Rules means the National Gas Rules as defined in
the
National
Gas (South Australia) Act 2008;
NERL retailer means—
(a) a person who is the holder of a retailer authorisation under the National
Energy Retail Law (South Australia); or
(b) an exempt seller within the meaning of the National
Energy Retail Law (South Australia);
(4) Section 4(1)—after the definition of
operations insert:
regulated entity means—
(a) a gas entity; or
(b) a NERL retailer;
23—Amendment
of section 6A—Functions and powers of Commission
(1) Section 6A(2)—delete "gas entities are required by licence
condition" and substitute:
regulated entities are required (whether by licence condition or
otherwise)
(2) Section 6A—after subsection (2) insert:
(3) Without limiting subsection (1), the Governor may, by regulation,
confer functions and powers on the Commission, or vary the functions and powers
of the Commission, as the Governor considers necessary or expedient for the
purposes of the National
Gas (South Australia) Act 2008, National Gas Rules, National
Energy Retail Law (South Australia) and National Energy Retail
Rules.
(4) In performing functions under this Act, the Commission must (in
addition to having regard to factors specified in this Act or the Essential
Services Commission Act 2002) have regard to the provisions of the
National Gas Rules and National Energy Retail Rules and the need to avoid
duplication of, or inconsistency with, regulatory requirements under those
Rules.
24—Amendment
of section 15—Consumer advisory committee
Section 15(1)(a)—delete "licensing functions under Part 3"
and substitute:
functions under the Act
25—Insertion
of Part 3 Division A2
Part 3—after Division A1 insert:
Division A2—Application of
provisions
18C—Application of provisions
Divisions 1, 3, 3B and 6 do not apply to a NERL
retailer.
26—Amendment
of section 26A—Licences authorising retailing
Section 26A(1)—delete subsection (1)
After section 26A insert:
26B—Licence conditions and national energy
laws
Despite the preceding provisions of this Part, the Commission is not to
impose a condition on a licence if the Commission is satisfied that the
condition would duplicate, or be inconsistent with, regulatory requirements
under the National
Gas (South Australia) Act 2008, National Gas Rules, National
Energy Retail Law (South Australia) or National Energy Retail
Rules.
28—Amendment
of section 34A—Standing contracts
(1) Section 34A—after subsection (1) insert:
(1a) In addition, subsection (4a) applies to a designated retailer
under section 18(1) of the National
Energy Retail Law (South Australia) Act 2011.
(2) Section 34A(2)—delete "the gas entity's licence" and
substitute:
the licence of a gas entity to which this section applies
(3) Section 34A(3)—delete the subsection
(4) Section 34A(4)—delete "The entity" and
substitute:
An entity
(5) Section 34A(6)—delete subsection (6) and
substitute:
(6) In this section—
standing contract price, in relation to an entity and a
customer, means—
(a) the price fixed by the Commission in accordance with
subsection (4a) as the entity's standing contract price for a class of
customers to which the customer belongs; or
(b) if there is no price for the time being fixed by the Commission as the
entity's standard contract price in accordance with
subsection (4a)—the price fixed under this Act as at
31 December 2002 for the sale and supply of gas to a class of
customers to which the customer belongs;
standing contract terms and conditions, in relation to a gas
entity, means terms and conditions that have been published by the gas entity
under section 34 as the entity's standing contract terms and
conditions.
29—Repeal
of Part 3 Division 3B
Part 3 Division 3B—delete Division 3B
30—Amendment
of section 54—Emergency legislation not affected
(1) Section 54—delete "gas entity" and substitute:
regulated entity
(2) Section 54—after "Fire
and Emergency Services Act 2005" insert:
, National
Electricity (South Australia) Act 1996, National
Energy Retail Law (South Australia) Act 2011, National
Gas (South Australia) Act 2008
After Part 5 insert:
Part 5A—Regulation of NERL
retailers
61AC—Application of Part
This Part applies to a NERL retailer.
61AD—Compliance with certain code provisions under
Essential Services Commission Act 2002 and requirements of
regulations
(1) A NERL retailer
must comply with—
(a) code provisions as in force from time to time under the Essential
Services Commission Act 2002 specified in, or in a manner
prescribed by, the regulations; and
(b) any requirements imposed under the regulations,
relating to—
(c) technical or safety requirements or standards; and
(d) obligations as to the quality, safety and reliability of the supply of
gas (relevant to the supply of gas by retail); and
(e) standards for, and installation of, meters relating to gas supply;
and
(f) any scheme relating to energy efficiency; and
(g) any other matter related to the sale and supply of gas by retail
specified in the regulations.
Maximum penalty: $1 000 000.
(2) An offence against
subsection (1) may
be prosecuted as an indictable offence or a summary offence at the discretion of
the prosecutor but, if prosecuted as a summary offence, the maximum penalty that
may be imposed is a fine not exceeding $20 000.
61AE—Participation in ombudsman
scheme
(1) If a NERL retailer
sells gas to customers with an annual gas consumption level of less than the
level prescribed, the NERL retailer must participate in an ombudsman
scheme—
(a) that applies to the gas supply industry and to other regulated
industries (within the meaning of the Essential
Services Commission Act 2002) prescribed by regulation;
and
(b) the terms and conditions of which are approved by the
Commission.
Maximum penalty: $1 000 000.
(2) An offence against
subsection (1) may
be prosecuted as an indictable offence or a summary offence at the discretion of
the prosecutor but, if prosecuted as a summary offence, the maximum penalty that
may be imposed is a fine not exceeding $20 000.
61AF—Compliance with customer concessions scheme
and performance of community service obligations
(1) A NERL retailer
must comply with the requirements of any scheme approved and funded by the
Minister for the provision by the State of customer concessions or the
performance of community service obligations by regulated entities.
Maximum penalty: $1 000 000.
(2) An offence against
subsection (1) may
be prosecuted as an indictable offence or a summary offence at the discretion of
the prosecutor but, if prosecuted as a summary offence, the maximum penalty that
may be imposed is a fine not exceeding $20 000.
61AG—NERL retailers to match available gas to
customers' estimated aggregate demand
(1) A NERL retailer
must ensure that at all times the quantity of gas available to it for delivery
to its customers from a distribution system is sufficient to meet reasonable
forecasts of its customers' aggregate demand for gas from the distribution
system.
Maximum penalty: $1 000 000.
(2) An offence against
subsection (1) may
be prosecuted as an indictable offence or a summary offence at the discretion of
the prosecutor but, if prosecuted as a summary offence, the maximum penalty that
may be imposed is a fine not exceeding $20 000.
61AH—NERL retailers annual administration
fee
(1) A NERL retailer must pay to the Commission the relevant annual
administration fee.
(2) The annual administration fee is an amount, calculated in accordance
with the regulations, that represents a reasonable contribution towards
administrative costs.
(3) For the purposes of this section, the Commission must give a NERL
retailer a notice setting out—
(a) the amount of the relevant annual administration fee; and
(b) the date by which the fee (or, if the fee is to be paid in
instalments, the first instalment of the relevant annual administration fee)
must be paid.
(4) The annual administration fee may, if the Commission so determines, be
paid in equal instalments at intervals fixed by the Commission.
(5) If a NERL retailer fails to pay the annual administration fee (or an
instalment of the annual administration fee) in accordance with this section,
the Commission may, by written notice, require the NERL retailer to make good
the default and, in addition, to pay to the Commission the amount prescribed as
a penalty for default.
(6) An annual administration fee (including any instalment of an annual
administration fee or any penalty for default) payable under this section is
recoverable as a debt due to the Crown.
(7) In this section—
administrative costs means—
(a) the costs of administration of this Act; and
(b) the costs of administration of the Essential
Services Commission Act 2002 relating to the gas supply industry;
and
(c) other costs prescribed by regulation,
that, in the opinion of the Minister, relate to NERL retailers.
32—Amendment
of section 61A—Warning notices and assurances
(1) Section 61A(1)—after "Part 3" insert:
or Part 5A (other than in relation to contraventions of Part 5A
for which the Technical Regulator may issue a warning notice under
subsection (2))
(2) Section 61A(2)—after "Part 5" insert:
, or Part 5A in relation to contraventions relating to technical and
safety matters arising under Part 5A
33—Amendment
of section 77—Power of exemption
Section 77(4)—delete subsection (4) and
substitute:
(4) The Minister may grant an exemption from—
(a) Division 5 of Part 3, or specified provisions of that
Division; or
(b) Part 5A, or specified provisions of that Part,
on terms and conditions the Minister considers appropriate.
34—Amendment
of section 91A—Energy efficiency shortfalls
Section 91A(15), definition of relevant gas
retailer—delete the definition and substitute:
relevant gas retailer means a regulated entity authorised to
sell gas by retail (whether or not the entity is required to hold a licence
under this Act) identified by the regulations for the purposes of this
section.
Part 5—Amendment
of National Electricity (South Australia)
Act 1996
After section 15 insert:
15A—Regulation-making power for the purposes of the
National Electricity (South Australia) Law
The Governor may make such regulations as are contemplated by the
National Electricity (South Australia) Law as being made under this Act
as the application Act of this jurisdiction.
After Part 7 insert:
Part 8—Validation of instruments and decisions of
AER
20—Validation of instruments and decisions made by
AER
(1) This section applies to an instrument or decision made by the AER
if—
(a) the instrument or decision was made—
(i) on or after the time that the amendments of the National
Electricity Law by the
Statutes
Amendment (National Energy Retail Law) Act 2011 were enacted;
but
(ii) before the time (the application time) that the
amendments started to apply under this Act as a law of South Australia;
and
(b) had the amendments started so to apply the making of the instrument or
decision would have been authorised by or under one of the following laws (the
authorising law):
(i) the National Electricity (South Australia) Law;
(ii) the National
Electricity (South Australia) Regulations;
(iii) this Act;
(iv) an instrument made or having effect under this Act; and
(c) in a case in which the making of the instrument or decision would be
so authorised subject to the satisfaction of any conditions or other
requirements (for example, consultation or publication requirements)—the
AER has done anything that would, if the amendments had started so to apply, be
required under the authorising law for the instrument or decision to be so
authorised.
(2) For the purposes of the authorising law—
(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision has effect from the application
time—
(i) as varied, and unless revoked, by any other instrument or decision to
which this section applies; and
(ii) subject to that law as so applying.
(3) For the purposes of this section—
(a) guidelines are an example of an instrument; and
(b) the following are examples of decisions:
(i) appointments;
(ii) determinations;
(iii) approvals.
21—AER—authorisation of preparatory
steps
(1) This section applies if—
(a) the AER is required to do something (a preparatory step)
before making a decision or making an instrument under one of the following (the
authorising law):
(i) the National Electricity (South Australia) Law;
(ii) the National
Electricity (South Australia) Regulations;
(iii) this Act;
(iv) an instrument made or having effect under this Act; and
(b) the preparatory step would have been required under the authorising
law if the amendments of the National Electricity Law made by the Statutes
Amendment (National Energy Retail Law) Act 2011 had started to
apply under this Act as a law of South Australia; and
(c) the AER takes the preparatory step—
(i) on or after the time that the amendments were enacted; but
(ii) before the time that the amendments started to apply under this Act
as a law of South Australia.
(2) For the purposes of the authorising law, the AER is taken to have
complied with the requirement to take the preparatory step.
Part 6—Amendment
of National Gas (South Australia)
Act 2008
After section 23 insert:
24—Regulation-making power for the purposes of the
National Gas (South Australia) Law
The Governor may make such regulations as are contemplated by the
National Gas (South Australia) Law as being made under this Act as the
application Act of this jurisdiction.
After Part 5 insert:
Part 6—Validation of instruments and decisions of
AER
25—Validation of instruments and decisions made by
AER
(1) This section applies to an instrument or decision made by the AER
if—
(a) the instrument or decision was made—
(i) on or after the time that the amendments of the National Gas
Law by the
Statutes
Amendment (National Energy Retail Law) Act 2011 were
enacted;
(ii) before the time (the application time) that the
amendments started to apply under this Act as a law of South Australia;
and
(b) had the amendments started so to apply the making of the instrument or
decision would have been authorised by or under one of the following laws (the
authorising law):
(i) the National Gas (South Australia) Law;
(ii) the National
Gas (South Australia) Regulations;
(iii) this Act;
(iv) an instrument made or having effect under this Act; and
(c) in a case in which the making of the instrument or decision would be
so authorised subject to the satisfaction of any conditions or other
requirements (for example, consultation or publication requirements)—the
AER has done anything that would, if the amendments had started so to apply, be
required under the authorising law for the instrument or decision to be so
authorised.
(2) For the purposes of the authorising law—
(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision had effect from the application
time—
(i) as varied, and unless revoked, by any other instrument or decision to
which this section applies; and
(ii) subject to that law as so applying.
(3) For the purposes of this section—
(a) guidelines are an example of an instrument; and
(b) the following are examples of decisions:
(i) appointments;
(ii) determinations;
(iii) approvals.
26—AER—authorisation of preparatory
steps
(1) This section applies if—
(a) the AER is required to do something (a preparatory step)
before making a decision or making an instrument under one of the following (the
authorising law):
(i) the National Gas (South Australia) Law;
(ii) the National
Gas (South Australia) Regulations;
(iii) this Act;
(iv) an instrument made or having effect under this Act; and
(b) the preparatory step would have been required under the authorising
law if the amendments of the National Gas Law made by the Statutes
Amendment (National Energy Retail Law) Act 2011 had started to
apply under this Act as a law of South Australia; and
(c) the AER takes the preparatory step—
(i) on or after the time that the amendments were enacted; but
(ii) before the time that the amendments started to apply under this Act
as a law of South Australia.
(2) For the purposes of the authorising law, the AER is taken to have
complied with the requirement to take the preparatory step.