South Australian Current Acts

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ELECTRICITY ACT 1996 - SECT 35A

35A—Price regulation by Commission

        (1)         The Commission may make a determination under the Essential Services Commission Act 2002 regulating prices, conditions relating to prices and price-fixing factors for—

            (a)         the sale and supply of electricity to small customers;

            (ba)         the feeding-in of electricity into a distribution network under Division 3AB;

            (c)         subject to the National Electricity (South Australia) Law and the National Electricity Rules—network services;

            (d)         other goods and services in the electricity supply industry specified by the Minister by notice in the Gazette.

        (2)         In making a determination, the Commission must (in addition to having regard to the factors specified in the Essential Services Commission Act 2002 ) have regard to the principle that the prices charged to small customers for network services in relation to the transmission network in South Australia and the distribution networks that are connected to it should be at the same rates for all small customers regardless of their location.

        (2a)         In addition to the requirements of section 25(4) of the Essential Services Commission Act 2002 , the Commission must, in acting under subsection (1)(ba), have regard to the fair and reasonable value to a retailer of electricity fed into the network by qualifying customers within the meaning of Division 3AB.

        (3)         The Minister may, by further notice in the Gazette, vary or revoke a notice under subsection (1)(d).

        (4)         Despite the provisions of the Essential Services Commission Act 2002 , the operation of a determination of a kind referred to in subsection (1)(a) is not to be stayed pending the determination of an application for review under Part 6 of that Act.



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