South Australian Current Acts South Australian Current Acts17—Consideration of application
(1) The Commission
must consider an application for the issue of a licence and may, subject to
this Division, issue, or refuse to issue, the licence.
(2) The Commission
must have regard to the general factors specified in Part 2 of the
Essential Services Commission Act 2002 and, subject to this section, may
only issue a licence if satisfied that—
(a) the
applicant is a suitable person to hold the licence; and
(ac) the
issue of the licence will not result in the same person holding both a licence
authorising the operation of a distribution network and a licence authorising
retailing of electricity; and
(b) in
the case of a licence authorising the generation of electricity—the
generating plant (or proposed generating plant) will generate electricity of
the appropriate quality for the relevant transmission or distribution network;
and
(c) in
the case of a licence authorising the operation of a transmission
or distribution network—the network has (or the proposed network will
have) the necessary capacity for transmitting or distributing electricity
safely; and
(d) in
the case of a licence authorising retailing of electricity—the applicant
will be able to meet reasonably foreseeable obligations under contracts for
the sale of electricity; and
(da) in
the case of a licence authorising system control over a power system—the
applicant will be able to adequately exercise system control functions; and
(e) in
the case of a licence authorising other operations in the
electricity supply industry for which a licence is required under the
regulations—the applicant meets any special requirements imposed by the
regulations for the holding of the licence; and
(f) in
the case of a licence of any class—the grant of the licence would be
consistent with criteria (if any) prescribed by regulation for a licence of
the relevant class.
(3) In deciding
whether an applicant is a suitable person to hold a licence, the Commission
may consider—
(a) the
applicant's previous commercial and other dealings and the standard of honesty
and integrity shown in those dealings; and
(b) the
financial, technical and human resources available to the applicant; and
(c) the
officers and, if applicable, major shareholders of the applicant and their
previous commercial and other dealings and the standard of honesty and
integrity shown in those dealings (including breaches of statutory and other
legal obligations); and
(d)
other matters prescribed by regulation.
(4) If—
(a) a
person carries on or proposes to carry on operations for which a licence is
required as agent of another person; and
(b) the
agent makes application for the issue of such a licence on the agent's own
behalf and on behalf of the principal; and
(c) the
Commission is satisfied that the criteria for the issue of the licence are met
in relation to the agent,
the Commission may, at the Commission's discretion, dispense with the
requirement that the Commission be satisfied that the criteria are met in
relation to the principal and issue the licence to the agent and the principal
to be held by them jointly.
(5) If an applicant
for the issue of a licence is a Registered participant, as defined in the
National Electricity (South Australia) Law , the Commission may, in
determining the application, in order to avoid duplication of, or
inconsistency with, regulatory requirements under the National Electricity
Rules, dispense with a requirement under this section that the Commission be
satisfied as to a particular matter.