Electricity Act 1996 (SA)

South Australia

Electricity Act 1996

An Act to regulate the electricity supply industry; to make provision for safety and technical standards for electrical installations; and for other purposes.

Contents

Part 1—Preliminary

1Short title

3Objects

4Interpretation

5Crown bound

6Other statutory requirements not affected

Part 2—Administration

Division 1—Essential Services Commission

6AFunctions and powers of Commission

Division 3—Technical Regulator

7Technical Regulator

8Functions of Technical Regulator

9Delegation

10Technical Regulator's power to require information

11Obligation to preserve confidentiality

14Annual report

Division 4—Advisory committees

14AConsumer advisory committee

14BTechnical advisory committee

14COther advisory committees

Part 3—Electricity supply industry

Division A1—Declaration as regulated industry

14DDeclaration as regulated industry

Division A2—Application of provisions

14EApplication of provisions

Division 1—Licensing of electricity entities

15Requirement for licence

16Application for licence

17Consideration of application

17ALicences may be held jointly

18Authority conferred by licence

19Term of licence

20Licence fees and returns

21Licence conditions

22Licences authorising generation of electricity

23Licences authorising operation of transmission or distribution network

24Licences authorising retailing

24ALicences authorising system control

24BLicence conditions and national energy laws

25Offence to contravene licence conditions

27Variation of licence

28Transfer of licence

28AConsultation with consumer bodies

28BNotice of licence decisions

29Surrender of licence

30Register of licences

30ALicence is not personal property for the purposes of Commonwealth Act

Division 2—System controller

31Functions and powers of system controller

34Remuneration of system controller

35Obligation to preserve confidentiality

Division 2A—Price regulation

35APrice regulation by Commission

35BInitial electricity pricing order

Division 3—Standard terms and conditions for sale or supply

36Standard terms and conditions for sale or supply

Division 3AA—Special provisions relating to small customers

36AAProvision for standing contract with small customers

36ABProvision for default contract with small customers

Division 3AB—Feed‑in mechanisms

36ACInterpretation

36ADFeeding electricity into networks—requirements on holder of licence authorising retailing

36AEFeeding electricity into networks—requirements on holder of licence authorising operation of distribution network

Division 3AC—Contestable services

36AFContestable services

Division 3A—Protection of property in infrastructure

36AElectricity infrastructure does not merge with land

36BPrevention of dismantling of electricity infrastructure in execution of judgment

Division 4—Suspension or cancellation of licences

37Suspension or cancellation of licences

Division 5—Commission's powers to take over operations

38Power to take over operations

39Appointment of operator

Part 4—Electricity entities' powers and duties

Division 1—Electricity officers

41Appointment of electricity officers

42Conditions of appointment

43Electricity officer's identity card

44Production of identity card

Division 1A—General investigative powers of electricity officers

44AGeneral investigative powers of electricity officers

Division 2—Powers and duties relating to infrastructure

45Entry on land to conduct surveys etc

46Acquisition of land

47Power to carry out work on public land

48Entry for purposes related to infrastructure

48AEasements and access to infrastructure for data transmission and telecommunications

Division 3—Powers relating to installations

49Entry to inspect etc electrical installations

50Entry to read meters etc

51Entry to disconnect supply

52Disconnection of supply if entry refused

Division 4—Powers and duties in emergencies

53Electricity entity may cut off electricity supply to avert danger

54Emergency legislation not affected

Part 5—Clearance of vegetation from powerlines

Division 1—Duties and powers in relation to vegetation clearance

55Duties in relation to vegetation clearance

55AAPowers of electricity entity in relation to vegetation clearance

Division 2—Vegetation clearance schemes in prescribed areas

Subdivision 1—Content and nature of schemes

55AVegetation clearance schemes

Subdivision 2—Disputes about schemes

55BVegetation clearance scheme dispute

55CCircumstances in which Technical Regulator not obliged to determine dispute

55DDeterminations

55EPrinciples to be taken into account

55FConduct of proceedings

55GGiving of relevant documents to Technical Regulator

55HPower to obtain information and documents

55IConfidentiality of information

55JTermination of proceedings for determination

55KProcedure for giving determination

55LCosts

Subdivision 3—Enforcement of schemes

55MEnforcement as contract

Subdivision 4—Resolution of disputes under schemes

55NResolution of dispute by intervention of Technical Regulator

Division 3—Miscellaneous

56Role of councils in relation to vegetation clearance not within prescribed areas

57Power to enter for vegetation clearance purposes

58Regulations in respect of vegetation clearance

Part 5A—Undergrounding of powerlines

58AProgram for undergrounding of powerlines

Part 6—Safety and technical issues

59Requirements relating to electrical installation connection and meter installation

60Responsibility of owner or operator of infrastructure or installation

60AResponsibility to ensure correct polarity and phase relationship

60BSafety, reliability, maintenance and technical management plans

61Electrical installation work

61AUnsafe installation of electrical equipment

61BDesign of electrical installations

62Power to require rectification etc in relation to infrastructure, installations or equipment

62APublic warning statements

62BImmunity from liability

63Reporting of accidents etc

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

Part 7—Enforcement

Division A1—Warning notices and assurances

63AWarning notices

63BAssurances

63BARegister of warning notices and assurances

63BBOffence to act contrary to assurance

63BCEnforcement orders in relation to assurances

Division A2—Injunctions

63CInjunctions

Division A3—Enforcement notices

63DEnforcement notices

Division 1—Appointment of authorised officers

64Appointment of authorised officers

65Conditions of appointment

66Authorised officer's identity card

67Production of identity card

Division 2—Authorised officers' powers

68Power of entry

69General investigative powers of authorised officers

70Disconnection of electricity supply

71Power to require disconnection of cathodic protection system

72Power to make infrastructure, installation or equipment safe

73Power to require information or documents

Division 3—Related matters

74Self‑incrimination

Part 8—Reviews

75Review of decisions by Commission or Technical Regulator

76Review by Tribunal

77Minister's power to intervene

Part 9—Miscellaneous

80Power of exemption

80ARegister of exemptions

81Obligation to comply with conditions of exemption

81ADelegation by Minister

82Application and issue of warrant

83Urgent situations

84Unlawful interference with electricity infrastructure or electrical installation

85Unlawful taking of electricity, interference with meters or positioning of lines

86Erection of buildings in proximity to powerline

87Notice of work that may affect electricity infrastructure

88Impersonation of officials etc

89Obstruction

90False or misleading information

91Statutory declarations

91AProtection from liability

91BOffences

92General defence

93Offences by bodies corporate

93AImputing conduct to bodies corporate

94Continuing offence

94AOrder for payment of profit from contravention

94BEnergy productivity shortfalls

96Evidence

97Service

98Regulations

Schedule 2—Transitional provisions

1Continuation of certain arrangements

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Electricity Act 1996.

3—Objects

The objects of this Act are—

(a)to promote efficiency and competition in the electricity supply industry; and

(b)to promote the establishment and maintenance of a safe and efficient system of electricity generation, transmission, distribution and supply; and

(c)to establish and enforce proper standards of safety, reliability and quality in the electricity supply industry; and

(d)to establish and enforce proper safety and technical standards for electrical installations (including such standards relating to the design of electrical installations); and

(e)to protect the interests of consumers of electricity.

4—Interpretation

(1)In this Act, unless the contrary intention appears—

AEMO means the Australian Energy Market Operator Limited (ACN 072 010 327);

annual electricity consumption level means a level of consumption of electricity determined in accordance with the regulations (and the regulations may, for that purpose, make provision for the estimation or agreement of the level in specified circumstances);

authorised officer means a person appointed under Part 7 as an authorised officer;

bush fire means a fire that originates in, or spreads through, forest, scrub, grass or other vegetation;

bushfire risk area—see subsection (4);

Commission means the Essential Services Commission established under the Essential Services Commission Act 2002;

condition includes a limitation or restriction;

contravention includes a failure to comply;

council means a council within the meaning of the Local Government Act 1999 and includes the Outback Areas Community Development Trust;

council officer means a person authorised by a council to exercise powers conferred on a council officer under this Act;

customer means a person who has a supply of electricity available from a transmission or distribution network for consumption by that person and includes—

(a)the occupier for the time being of a place to which electricity is supplied; and

(b)where the context requires, a person seeking an electricity supply; and

(c)a person of a class declared by regulation to be customers;

disconnect electricity supply includes a procedure to interrupt or discontinue the electricity supply to a customer;

electrical equipment means any electrical appliance or wires, fittings, equipment or accessories beyond an electrical outlet at which fixed wiring terminates;

electrical installation means a set of wires and associated fittings, equipment and accessories installed in a place for the conveyance, control, measurement or use of electricity that is, or is to be, or has been, supplied for consumption in the place, including anything declared by regulation to be or form part of an electrical installation, but does not include—

(a)electricity infrastructure owned or operated by an electricity entity; or

(b)any wires, fittings, equipment or accessories connected to and beyond any electrical outlet at which fixed wiring terminates (other than any such outlet used to connect sections of fixed wiring); or

(c)anything declared by regulation not to be or form part of an electrical installation;

electricity entity means a person licensed under Part 3 to carry on operations in the electricity supply industry and includes (where the context requires) a person who has been licensed to carry on operations in the electricity supply industry under that Part whose licence has been suspended or cancelled or has expired;

electricity infrastructure means—

(a)electricity generating plant; and

(b)powerlines; and

(c)substations for converting, transforming or controlling electricity; and

(d)equipment for metering, monitoring or controlling electricity; and

(e)any wires, equipment or other things (including tunnels and cavities) used for, or in connection with, the generation, transmission, distribution or supply of electricity; and

(f)anything declared by regulation to form part of electricity infrastructure,

but does not include anything declared by regulation not to form part of electricity infrastructure;

electricity officer means a person appointed under Part 4 as an electricity officer;

electricity supply industry means the industry involved in the generation, transmission, distribution, supply or sale of electricity or other operations of a kind prescribed by regulation;

employing authority means the person designated by proclamation as being the employing authority for the purposes of this definition;

generation of electricity means the operation of any kind of electricity generating plant and all incidental and related operations, but does not include anything declared by regulation not to be generation of electricity;

install includes place;

internal switching manual means an internal manual relating to switching that—

(a)the holder of a licence authorising the generation of electricity; or

(b)the holder of a licence authorising the operation of a transmission or distribution network; or

(c)the holder of a licence authorising system control over a power system; or

(d)a person exempted from the requirement to hold a licence of a kind referred to in paragraphs (a) to (c),

is required (under the conditions of the licence or exemption) to prepare and maintain in accordance with the regulations for the purposes of safety in connection with switching relevant to the operations of the licence holder or person;

land includes—

(a)an estate or interest in land (including an easement); or

(b)a right or power over or in respect of land;

National Electricity Rules means the National Electricity Rules as defined in the National Electricity (South Australia) Law;

National Electricity (South Australia) Law—see the Schedule of the National Electricity (South Australia) Act 1996;

National Energy Retail Rules means the National Energy Retail Rules as defined in the National Energy Retail Law (South Australia);

naturally occurring vegetation means vegetation that has not been planted or nurtured by any person;

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);

network services means—

(a)the transmission and distribution of electricity between electricity entities and from electricity entities to customers (including connection to a transmission or distribution network); and

(b)controlling and regulating the quality of electricity;

non‑bushfire risk area means a part of the State not within the bushfire risk area;

nurture, in relation to vegetation, means actively assist the growth of the vegetation;

occupier of land or a place means a person who has or is entitled to possession or control of the land or place;

operations includes activities;

powerline means—

(a)a set of cables for the transmission or distribution of electricity and their supporting or protective structures, conduits and equipment; and

(b)associated equipment for the transmission or distribution of electricity,

but does not include a telecommunications cable or associated equipment;

power system means a system for the generation, transmission and distribution of electricity or a part of such a system;

principles of vegetation clearance means the regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public and private powerlines;

private land means—

(a)land alienated or contracted to be alienated from the Crown in fee simple; or

(b)land occupied under a lease or licence from the Crown; or

(c)land dedicated to a particular purpose and placed under the care, control and management of any person (whether or not that person is a Minister, agency or instrumentality of the Crown),

except any such land vested in, or under the care, control or management of, a council and dedicated to, or held for, a public purpose;

private powerline means a powerline—

(a)designed to convey electricity at a prescribed voltage or less; and

(b)situated on, above or under private land for the purpose only of supplying electricity to some point on that land;

public powerline means any powerline except a private powerline;

regulated entity means—

(a)an electricity entity; or

(b)a NERL retailer;

retailing of electricity means the sale of electricity to customers, but does not include an activity declared by regulation not to be retailing of electricity;

small customer means a customer with an annual electricity consumption level less than the number of MW.h per year specified by regulation for that purpose, or any customer classified by regulation as a small customer;

supply of electricity means the delivery of electricity to a customer;

system controller means a person licensed under Part 3 to exercise system control over a power system;

Technical Regulator means the person holding the office of Technical Regulator under Part 2;

telecommunications means the transmission of telephonic, radio, computer, television or other signals;

transmission or distribution network means the whole or a part of a system for the transmission or distribution of electricity, but does not include anything declared by regulation not to be a transmission or distribution network or part of a transmission or distribution network;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;

vegetation clearance scheme means a vegetation clearance scheme agreed or determined under Part 5.

(2)A reference in this Act to a powerline, a network, infrastructure or other property of an entity includes a reference to a powerline, a network, infrastructure or other property that is not owned by the entity but is operated by the entity.

(3)A proclamation made for the purposes of the definition of employing authority—

(a)may apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and

(b)may, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.

(4)For the purposes of this Act, the regulations may designate an area of the State to be the bushfire risk area.

5—Crown bound

(1)This Act binds the Crown.

(2)Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.

(3)For the purposes of this section, a reference to the Crown extends—

(a)not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; and

(b)to an instrumentality of the Crown, and to an officer or employee of the Crown and any contractor or other person who carries out functions on behalf of the Crown.

6—Other statutory requirements not affected

This Act is in addition to and does not derogate from the provisions of the National Electricity (South Australia) Act 1996, the Environment Protection Act 1993 or any other Act.

Part 2—Administration

Division 1—Essential Services Commission

6A—Functions and powers of Commission

(1)The Commission has (in addition to the Commission's functions and powers under the Essential Services Commission Act 2002)—

(a)the licensing, price regulation and other functions and powers conferred by this Act; and

(b)if the Commission is appointed under the National Electricity Rules as the body to perform or exercise certain functions and powers—those functions and powers; and

(c)any other functions and powers conferred by regulation under this Act.

(2)If regulated entities are required (whether by licence condition or otherwise) to participate in an ombudsman scheme, the Commission must, in performing licensing functions under this Act, liaise with the ombudsman appointed under the scheme.

(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 Electricity (South Australia) Law, National Electricity 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 Electricity Rules and National Energy Retail Rules and the need to avoid duplication of, or inconsistency with, regulatory requirements under those Rules.

Division 3—Technical Regulator

7—Technical Regulator

(1)There is to be a Technical Regulator.

(2)The Technical Regulator is to be appointed by the Minister and is an agency of the Crown.

(3)The office of Technical Regulator may be held in conjunction with a position in the Public Service.

(4)The Minister may assign an employee in the Public Service to act as the Technical Regulator—

(a)during a vacancy in the office of Technical Regulator; or

(b)when the Technical Regulator is absent from, or unable to discharge, official duties.

8—Functions of Technical Regulator

The Technical Regulator has the following functions:

(a)the monitoring and regulation of safety and technical standards in the electricity supply industry; and

(b)the monitoring and regulation of safety and technical standards with respect to electrical installations; and

(c)the administration of the provisions of this Act relating to the clearance of vegetation from powerlines; and

(ca)the monitoring and investigation of major interruptions to the electricity supply in the State and the provision of reports relating to such interruptions in accordance with any requirements prescribed by the regulations; and

(d)any other functions prescribed by regulation or assigned to the Technical Regulator by or under this or any other Act.

9—Delegation

(1)The Technical Regulator may delegate powers to a person or body of persons that is, in the Technical Regulator's opinion, competent to exercise the relevant powers.

(2)A delegation under this section—

(a)must be in writing; and

(b)may be conditional or unconditional; and

(c)is revocable at will; and

(d)does not prevent the delegator from acting in any matter.

10—Technical Regulator's power to require information

(1)The Technical Regulator may, by written notice, require a person to give the Technical Regulator, within a time stated in the notice (which must be reasonable), information in the person's possession that the Technical Regulator reasonably requires for the performance of the Technical Regulator's functions (whether under this Act or any other Act).

(2)A person required to give information under this section must provide the information within the time stated in the notice.

Maximum penalty: $20 000.

(3)Subject to subsection (4), a natural person is not required to give information under this section if the information would tend to incriminate the person of an offence.

(4)If a natural person is required to give information under this section relating to the safety of electricity infrastructure, an electrical installation or electrical equipment, and the information would tend to incriminate the person of an offence, the person must nevertheless give the information, but the information so given will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration).

11—Obligation to preserve confidentiality

(1)The Technical Regulator must preserve the confidentiality of information gained by the Technical Regulator under this Act (including information gained by an authorised officer under Part 7) that—

(a)could affect the competitive position of an electricity entity or other person; or

(b)is commercially sensitive for some other reason.

(1a)Despite subsection (1), the Technical Regulator may disclose confidential information in the following circumstances:

(a)as reasonably required in connection with the administration or enforcement of this Act (including to the Minister, the Commission and persons assisting the Commission) or as otherwise related to the performance of the Technical Regulator's functions (whether under this Act or any other Act);

(b)to a person concerned in the administration or enforcement of another law of the State, or a law of the Commonwealth or another State or a Territory of the Commonwealth, for purposes related to the administration or operation of that other law;

(c)to a government agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for purposes related to the performance of its functions (or to a person acting on behalf of such a government agency or instrumentality);

(d)with the consent of the person who gave the information or to whom the information relates;

(e)as required by a court or tribunal constituted by law;

(f)as authorised by the Minister.

(2)Information classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991.

14—Annual report

(1)The Technical Regulator must, within three months after the end of each financial year, deliver to the Minister a report on the Technical Regulator's operations under this Act during that financial year.

(3)The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report.

Division 4—Advisory committees

14A—Consumer advisory committee

The Commission must establish an advisory committee comprising representatives of consumers (the consumer advisory committee)—

(a)to provide advice to the Commission in relation to the performance of the Commission's functions under the Act; and

(b)to provide advice to the Commission, either on its own initiative or at the request of the Commission, on any other matter relating to the electricity supply industry.

14B—Technical advisory committee

The Technical Regulator must establish an advisory committee (the technical advisory committee) including representatives of—

(a)electricity entities; and

(b)contractor and employee associations involved in the electricity supply industry; and

(c)local government,

to provide advice to the Technical Regulator, either on its own initiative or at the request of the Technical Regulator, on any matter relating to the functions of the Technical Regulator.

14C—Other advisory committees

The Minister, the Commission or the Technical Regulator may establish other advisory committees to provide advice on specified aspects of the administration of this Act.

Part 3—Electricity supply industry

Division A1—Declaration as regulated industry

14D—Declaration as regulated industry

The electricity supply industry is declared to be a regulated industry for the purposes of the Essential Services Commission Act 2002.

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.

Division 1—Licensing of electricity entities

15—Requirement for licence

(1)A person must not carry on operations in the electricity supply industry for which a licence is required unless the person holds a licence under this Part authorising the relevant operations.

Maximum penalty: $1 000 000.

(2)The operations in the electricity supply industry for which a licence is required are—

(a)generation of electricity; or

(b)operation of a transmission or distribution network; or

(c)retailing of electricity; or

(ca)system control over a power system; or

(d)other operations for which a licence is required by the regulations.

(3)Nothing in this section requires AEMO to hold a licence.

16—Application for licence

(1)An application for the issue of a licence must—

(a)be made to the Commission in a form approved by the Commission; and

(b)contain the information specified in the form.

(2)The applicant must pay to the Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application.

(3)The Commission may, as the Commission considers appropriate, accept a single application from an applicant in respect of different operations of the applicant or operations of the applicant at different locations or may require separate applications.

(4)The applicant must give the Commission further relevant information requested by the Commission.

17—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.

17A—Licences may be held jointly

(1)A licence may be held jointly by two or more persons.

(2)If a licence is held jointly by two or more persons, those persons are jointly and severally liable to meet requirements imposed under this Act or the Essential Services Commission Act 2002.

18—Authority conferred by licence

(1)A licence authorises the person named in the licence to carry on operations in the electricity supply industry in accordance with the terms and conditions of the licence.

(2)The operations authorised by a licence need not be all of the same character or at the same location but may consist of a combination of different operations or operations at different locations.

19—Term of licence

A licence may be issued for an indefinite period or for a term specified in the licence.

20—Licence fees and returns

(1)A person is not entitled to the issue of a licence unless the person first pays to the Commission the annual licence fee, or the first instalment of the annual licence fee, as the case may require.

(2)The holder of a licence issued for a term of two years or more must—

(a)in each year lodge with the Commission, before the date prescribed for that purpose, an annual return containing the information required by the Commission by condition of the licence or by written notice; and

(b)in each year (other than a year in which the licence is due to expire) pay to the Commission, before the date prescribed for that purpose, the annual licence fee, or the first instalment of the annual licence fee, as the case may require.

(3)The annual licence fee for a licence is the fee fixed, from time to time, by the Minister in respect of that licence as an amount that the Minister considers to be a reasonable contribution towards administrative costs.

(4)An annual licence fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission.

(5)If the holder of a licence fails to lodge the annual return or pay the annual licence fee (or an instalment of the annual licence fee) in accordance with this section, the Commission may, by written notice, require the holder to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default.

(6)An annual licence fee (including any instalment of an annual licence 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)any costs of administration of the Essential Services Commission Act 2002 relating to the electricity supply industry; and

(c)the costs of AEMO relating to the electricity supply industry that are designated by the Minister as being appropriate for recovery under this section; and

(d)other costs prescribed by regulation;

holder of a licence includes the holder of a licence that has been suspended.

21—Licence conditions

(1)The Commission must make a licence subject to conditions determined by the Commission—

(a)requiring compliance with applicable codes or rules made under the Essential Services Commission Act 2002 as in force from time to time; and

(b)requiring compliance with specified technical or safety requirements or standards; and

(c)relating to the electricity entity's financial or other capacity to continue operations under the licence; and

(e)requiring the electricity entity to have all or part of the operations authorised by the licence audited and to report the results of the audit to the Commission; and

(f)requiring the electricity entity to notify the Commission about changes to officers and, if applicable, major shareholders of the entity; and

(g)requiring the electricity entity to provide, in the manner and form determined by the Commission, such other information as the Commission may from time to time require; and

(h)requiring the electricity entity to 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 electricity entities.

(2)The Commission must make a licence subject to further conditions that the Commission is required by regulation to impose on the issue of such a licence.

(3)The Commission may make a licence subject to further conditions considered appropriate by the Commission.

(4)The Commission must provide to the Minister any information that the Minister requires for the purposes of the administration of a scheme for the provision by the State of customer concessions, or the performance of community service obligations, relating to the sale or supply of electricity.

22—Licences authorising generation of electricity

(1)The Commission must make a licence authorising the generation of electricity subject to conditions determined by the Commission—

(a)requiring compliance with directions of the system controller; and

(b)requiring the electricity entity not to do anything affecting the compatibility of the entity's electricity generating plant with any transmission or distribution network so as to prejudice public safety or the security of the power system of which the generating plant forms a part; and

(c)requiring the electricity entity—

(i)to prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and

(ii)to obtain the approval of the Technical Regulator—

(A)to the plan (prior to the commencement of the operation of the generating plant to which the plan relates); and

(B)to any revision of the plan; and

(iii)to comply with the plan as approved from time to time; and

(iv)to audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and

(d)requiring the electricity entity to provide to AEMO such information as it may reasonably require for the performance of its functions; and

(e)requiring the electricity entity—

(i)to grant to each electricity entity holding a licence authorising the operation of a transmission or distribution network rights to use or have access to the entity's electricity generating plant that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and

(ii)in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and

(iii)to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and

(f)requiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Commission with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Commission) that the insurance is adequate and appropriate given the nature of the operations carried on under the entity's licence and the risks entailed in those operations.

(1a)In addition, it is a condition of a licence authorising the generation of electricity that the holder of the licence—

(a)prepare and maintain an internal switching manual in accordance with the regulations; and

(b)comply with any other requirements relating to switching prescribed in the regulations.

(2)This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the generation of electricity.

23—Licences authorising operation of transmission or distribution network

(1)The Commission must make a licence authorising the operation of a transmission or distribution network subject to conditions determined by the Commission—

(a)requiring compliance with directions of the system controller; and

(b)requiring the electricity entity not to do anything affecting the compatibility of the entity's transmission or distribution network with any electricity generating plant or transmission or distribution network so as to prejudice public safety or the security of the power system of which the transmission or distribution network forms a part; and

(c)requiring the electricity entity—

(i)to prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and

(ii)to obtain the approval of the Technical Regulator—

(A)to the plan (prior to the commencement of the operation of the transmission or distribution system to which the plan relates); and

(B)to any revision of the plan; and

(iii)to comply with the plan as approved from time to time; and

(iv)to audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and

(d)requiring the electricity entity to provide to AEMO such information as it may reasonably require for the performance of its functions; and

(e)requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and

(f)requiring the electricity entity to inform persons seeking or in receipt of network services of the terms on which the services are provided (including the charges for the services) and of any changes in those terms; and

(g)requiring the electricity entity to carry out work to locate powerlines underground in accordance with a program established under Part 5A; and

(h)requiring the electricity entity to comply with—

(i)specified provisions for or relating to the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) for the transmission or distribution of electricity by the other entities; and

(ii)any scheme that the Commission may establish by a code made under the Essential Services Commission Act 2002 for the resolution of disputes in relation to such rights; and

(i)requiring the electricity entity to comply with—

(i)specified provisions for or relating to the granting to all electricity entities and customers of a class specified in the condition of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) to obtain electricity from the network; and

(ii)any scheme that the Commission may establish by a code made under the Essential Services Commission Act 2002 for the resolution of disputes in relation to such rights; and

(j)requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) establishing a scheme—

(i)for other bodies to use or have access to the entity's transmission or distribution network for telecommunications purposes (subject to requirements as to technical feasibility and preservation of visual amenity); and

(ii)for the resolution of disputes in relation to such use or access by a person other than the Commission who is appointed by the Commission; and

(k)requiring the electricity entity to participate in an ombudsman scheme—

(i)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

(ii)the terms and conditions of which are approved by the Commission; and

(l)requiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Commission with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Commission) that the insurance is adequate and appropriate given the nature of the operations carried out under the entity's licence and the risks entailed in those operations; and

(m)in the case of a licence authorising the operation of a transmission network—

(i)requiring the business of the operation of the transmission network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and

(ii)requiring the electricity entity—

(A)to grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a distribution network rights to use or have access to the entity's transmission network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and

(B)in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and

(C)to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and

(n)in the case of a licence authorising the operation of a distribution network—

(i)requiring the business of the operation of the distribution network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and

(ii)requiring the electricity entity—

(A)to grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a transmission network rights to use or have access to the entity's distribution network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and

(B)in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and

(C)to comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and

(iii)requiring the electricity entity to establish customer consultation processes of a specified kind; and

(iv)requiring or relating to standard contractual terms and conditions to apply to the supply of electricity to small customers or customers of a prescribed class; and

(v)requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and

(vi)requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) limiting the grounds on which the supply of electricity to customers may be disconnected and prescribing the process to be followed before the supply of electricity is disconnected; and

(vii)requiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the supply of electricity; and

(viii)requiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Commission) with each person holding a licence authorising the retailing of electricity who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and

(x)requiring the electricity entity—

(A)to investigate, before it makes any significant expansion of the distribution network or the capacity of the distribution network, whether it would be cost effective to avoid or postpone such expansion by implementing measures for the reduction of demand for electricity from the network; and

(B)to prepare and publish reports relating to such demand management investigations and measures.

(1a)In addition, it is a condition of a licence authorising the operation of a transmission or distribution network that the holder of the licence—

(a)prepare and maintain an internal switching manual in accordance with the regulations; and

(b)comply with any other requirements relating to switching prescribed in the regulations.

(2)A condition of an electricity entity's licence imposed under subsection (1)(h) is not to be taken to require the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network for the support or use of electricity infrastructure of the other entities.

(5a)If an electricity entity fails, within a period of 90 days from a date specified by the Commission by written notice to the entity, to enter into an agreement with another electricity entity specified by the Commission as required by a condition of the entity's licence imposed under subsection (1)(n)(viii), the entities will, if the Commission so determines and notifies the entities in writing, be taken to have entered into such an agreement containing terms specified in the notice.

(5b)The Commission may, by written notice to the electricity entities bound by—

(a)an agreement entered into as required by conditions of their licences imposed under subsection (1)(n)(viii) and section 24(2)(h); or

(b)an agreement imposed under subsection (5a),

vary or substitute terms of the agreement.

(6)This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the operation of a transmission or distribution network.

24—Licences authorising retailing

(2)The Commission must make a licence authorising the retailing of electricity subject to conditions determined by the Commission—

(a)requiring, if the holder of the licence is a related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) in relation to the holder of a licence authorising the operation of a distribution network, the business of the retailing of electricity authorised by the licence to be kept separate from the business of the operation of the distribution network in the manner and to the extent specified in the conditions; and

(b)if the electricity entity sells electricity to customers of a prescribed class, requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and

(c)requiring the electricity entity to establish customer consultation processes of a specified kind; and

(d)requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002 on or before the prescribed date) relating to the provision of pricing information to enable small customers to compare competing offers in the retailing of electricity; and

(da)requiring the electricity entity to include (in a print size and form prescribed by regulation) in each account for electricity charges sent to a small customer information prescribed by regulation, including information relating to—

(i)the customer's electricity consumption during the preceding 12 months; and

(ii)the entity's daily charges for electricity during the period to which the account relates; and

(iii)obtaining advice through the Commission about reducing electricity consumption and about electricity consumer choices; and

(iv)greenhouse gas emissions associated with the customer's electricity consumption; and

(e)requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) relating to standard contractual terms and conditions to apply to the sale of electricity to small customers; and

(h)requiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Commission) with each person holding a licence authorising the operation of a distribution network who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and

(i)requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and

(j)requiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) limiting the grounds on which the supply of electricity to customers may be discontinued or disconnected and prescribing the process to be followed before the supply of electricity is discontinued or disconnected; and

(k)requiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the sale of electricity; and

(l)if the electricity entity sells electricity to customers with an annual electricity consumption level of less than 750MW.h per year, requiring the electricity entity to participate in an ombudsman scheme—

(i)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

(ii)the terms and conditions of which are approved by the Commission; and

(m)requiring the electricity entity—

(i)to investigate strategies for achieving a reduction of greenhouse gas emissions to such targets as may be set by the Environment Protection Authority from time to time or such levels as may be binding on the entity from time to time, including strategies for promoting the efficient use of electricity and the sale, as far as is commercially and technically feasible, of electricity produced through cogeneration or from sustainable sources; and

(ii)to prepare and publish annual reports on the implementation of such strategies.

(4)This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the retailing of electricity.

24A—Licences authorising system control

(1)The Commission must make a licence authorising system control over a power system subject to conditions determined by the Commission requiring the business of system control authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions.

(1a)In addition, it is a condition of a licence authorising system control over a power system that the holder of the licence—

(a)prepare and maintain an internal switching manual in accordance with the regulations; and

(b)comply with any other requirements relating to switching prescribed in the regulations.

(2)This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising system control over a power system.

24B—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 Electricity (South Australia) Act 1996, National Electricity Rules, National Energy Retail Law (South Australia) or National Energy Retail Rules.

25—Offence to contravene licence conditions

(1)An electricity entity must not contravene a condition of its licence.

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 for the offence is a fine not exceeding $20 000.

27—Variation of licence

(1)The Commission may vary the terms or conditions of an electricity entity's licence by written notice to the entity as the Commission considers appropriate (but not so as to remove a condition that the Commission is required by this Act to impose on such a licence).

(2)A variation may only be made—

(a)on application by the electricity entity or with the electricity entity's agreement; or

(b)after giving the electricity entity reasonable notice of the proposed variation and allowing the entity a reasonable opportunity to make representations about the proposed variation.

28—Transfer of licence

(1)A licence may only be transferred with the Commission's agreement.

(2)The Commission may impose conditions on the transfer of a licence, or vary the terms and conditions of the licence on its transfer.

(3)The Commission must not agree to the transfer of a licence if the transferee would not be entitled to the issue of the licence.

(4)An application for agreement to the transfer of a licence must—

(a)be made by the transferor with the consent of the transferee to the Commission in a form approved by the Commission; and

(b)contain the information specified in the form.

(5)The applicant must pay to the Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application.

(6)The applicant must give the Commission further relevant information requested by the Commission.

28A—Consultation with consumer bodies

The Commission may, before issuing a licence, agreeing to the transfer of a licence or determining or varying conditions of a licence, consult with and have regard to the advice of—

(a)the Commissioner for Consumer Affairs; and

(b)the consumer advisory committee established under Part 2.

28B—Notice of licence decisions

(1)The Commission must give an applicant for a licence, or for agreement to the transfer of a licence, written notice of the Commission's decision on the application.

(2)The Commission must give the holder of a licence written notice of any decision by the Commission affecting the terms or conditions of the licence.

29—Surrender of licence

(1)An electricity entity may, by written notice given to the Commission, surrender its licence.

(2)The notice must be given to the Commission at least six months before the surrender is to take effect or, if the licence requires a longer period of notice, as required by the licence.

(3)The Commission may, by agreement with the electricity entity, shorten the required period of notice.

30—Register of licences

(1)The Commission must keep a register of the licences currently held by electricity entities under this Act.

(2)The register must include—

(a)the terms and conditions of each licence; and

(b)other information required under the regulations.

(3)A person may, without payment of a fee, inspect the Register.

30A—Licence is not personal property for the purposes of Commonwealth Act

A licence under this Part is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.

Division 2—System controller

31—Functions and powers of system controller

(1)Subject to the regulations, a system controller for a power system has the function of monitoring and controlling the operation of the power system with a view to ensuring that the system operates safely and reliably.

(2)A system controller for a power system has, in carrying out the system controller's functions under this Act—

(a)power to issue directions to electricity entities that are engaged in the operation of the power system, or contribute electricity to, or take electricity from, the power system; and

(b)the other powers conferred by regulation.

(3)Without limiting subsection (2)(a), the directions may include directions—

(a)to switch off or reroute a generator;

(b)to call equipment into service;

(c)to take equipment out of service;

(d)to commence operation or maintain, increase or reduce active or reactive power output;

(e)to shut down or vary operation;

(f)to shed or restore customer loads.

(4)If an electricity entity refuses or fails to comply with a direction of a system controller, the system controller may—

(a)authorise a person to take the action required by the direction or to cause the action to be taken; and

(b)give the electricity entity any directions the system controller considers necessary to facilitate the taking of the action.

(5)Costs and expenses incurred in taking action or causing action to be taken under subsection (4) are recoverable from the electricity entity by the system controller as a debt in a court of competent jurisdiction.

(6)The functions and powers of a system controller for a power system operated in the national electricity market, as defined in the National Electricity (South Australia) Law, may only be performed or exercised in a manner that is consistent with the National Electricity (South Australia) Law and the National Electricity Rules.

34—Remuneration of system controller

A system controller will, in accordance with the regulations, be entitled to impose and recover charges in respect of the performance of the system controller's functions.

35—Obligation to preserve confidentiality

(1)A system controller must preserve the confidentiality of information that—

(a)could affect the competitive position of an electricity entity or other person; or

(b)is commercially sensitive for some other reason.

(2)Information classified by a system controller as confidential is not liable to disclosure under the Freedom of Information Act 1991.

Division 2A—Price regulation

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.

35B—Initial electricity pricing order

(1)The Treasurer may issue an order (an electricity pricing order) regulating prices, conditions relating to prices and price-fixing factors for—

(a)the sale and supply of electricity to non-contestable customers or customers of a prescribed class;

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

(d)other goods and services in the electricity supply industry.

(2)The Treasurer must not issue an electricity pricing order after a date fixed by proclamation.

(3)An electricity pricing order may regulate prices, conditions relating to prices or price-fixing factors in any manner the Treasurer considers appropriate, including—

(a)fixing a price or the rate of increase or decrease in a price;

(b)fixing a maximum price or maximum rate of increase or minimum rate of decrease in a maximum price;

(c)fixing an average price for specified goods or services or an average rate of increase or decrease in an average price;

(d)specifying pricing policies or principles;

(e)specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;

(f)specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the supply of specified goods or services;

(g)fixing a maximum revenue, or maximum rate of increase or minimum rate of decrease in maximum revenue, in relation to specified goods or services.

(4)An electricity pricing order may provide that a calculation is to be performed, or a matter is to be determined, by the Commission in a manner specified by the order.

(5)A determination of the Commission for the purposes of an electricity pricing order will not, except as provided in the order, be taken to be a determination for the purposes of the Essential Services Commission Act 2002.

(6)An electricity pricing order may require an electricity entity to provide information to other electricity entities, customers or others, or generally publish information, relating to prices, conditions relating to prices or price-fixing factors.

(7)An electricity pricing order—

(a)takes effect on a date specified in the order; and

(b)cannot be varied (except as contemplated by the order) or revoked.

(8)Notice of the making of an electricity pricing order must be published—

(a)in the Gazette; and

(b)in a newspaper circulating generally in the State.

(9)The notice must include a brief description of the nature and effect of the electricity pricing order and state how a copy of the order may be inspected or purchased.

(10)The Treasurer must—

(a)send a copy of an electricity pricing order to each licensed entity to which the order applies; and

(b)ensure that copies of the order are available for inspection and purchase by members of the public.

(10a)The following provisions apply in relation to the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471:

(a)despite subsection (7), the order is varied as proposed by the Treasurer by notice published in the Gazette on 28 June 2000 at page 3397 and is further varied as proposed by the Minister by notice published in the Gazette on 5 December 2002 at page 4458;

(b)the Minister must ensure that copies of the order as so varied are sent to each licensed entity to which the order applies and are made available for inspection and purchase by members of the public;

(c)a reference to the order in any document is, unless the context otherwise requires, to be taken to be a reference to the order as so varied.

(11)An electricity entity must comply with an electricity pricing order or part of an electricity pricing order that applies to the entity.

(12)The Commission must—

(a)perform any functions that an electricity pricing order contemplates will be performed by the Commission for the purposes of the order; and

(b)enforce an electricity pricing order in the same way as if it were a determination of the Commission under this Division.

(13)The Commission's powers under this Division and the Essential Services Commission Act 2002 are restricted to the extent specified in an electricity pricing order.

(14)In this section—

price includes a price range.

Division 3—Standard terms and conditions for sale or supply

36—Standard terms and conditions for sale or supply

(1)An electricity entity may, from time to time, fix standard terms and conditions governing the sale or supply of electricity (including the service of making connections to a transmission or distribution network) by the entity to small customers or customers of a prescribed class.

(2)An electricity entity must publish in the Gazette a notice setting out any standard terms and conditions fixed by the entity.

(2a)An electricity entity must, when it publishes a notice in the Gazette under subsection (2), also publish a notice in a newspaper circulating generally in the State describing the general nature of the standard terms and conditions and advising where a person may read or obtain a copy of the standard terms and conditions.

(3)Standard terms and conditions fixed under this section—

(a)must comply with the conditions of the electricity entity's licence; and

(b)come into force on the day specified by the electricity entity in the notice of the standard terms and conditions published in the Gazette under this section, being a day not earlier than the day on which the notice is published; and

(c)when in force are contractually binding on the electricity entity and the class of customers to which the terms and conditions are expressed to apply; and

(d)will, if they vary or exclude the operation of section 120(1) of the National Electricity Law, form an agreement between the electricity entity and each of the customers to which they are expressed to apply for the purposes of that section.

(4)Subject to the conditions of an electricity entity's licence, a standard term or condition fixed under this section may be modified or excluded by express agreement between the entity and a customer of the entity.

(5)An electricity entity that has fixed standard terms and conditions under this section must—

(a)supply a copy of the standard terms and conditions, without charge, on request made to the entity at a place approved by the Commission; and

(b)publish the standard terms and conditions on a website maintained by the entity.

Maximum penalty: $2 500.

Division 3AA—Special provisions relating to small customers

36AA—Provision for standing contract with small customers

(1)This section applies to an electricity entity holding a licence authorising the retailing of electricity that is declared by the Governor under this section to be an electricity entity to which this section applies.

(2)It is a condition of the licence of an electricity entity to which this section applies that the entity must, at the request of a small customer, agree to sell electricity to the customer at the entity's standing contract price and subject to the entity's standing contract terms and conditions.

(4)An entity is not required to sell electricity to a customer in compliance with the condition imposed under subsection (2) if the entity is entitled in accordance with the entity's standing contract terms and conditions to refuse to sell electricity to the customer.

(4a)The following provisions apply in relation to the fixing by the Commission of a standing contract price for an entity for the purposes of this section:

(a)the Commission may fix the price by a determination of a kind referred to in section 35A(1)(a);

(b)a determination, other than a determination under paragraph (f), must provide for the expiry of the determination at the end of a period of not less than 3 years specified in the determination;

(c)a determination may provide for prices that vary at specified times according to a formula specified in the determination;

(d)unless the Commission determines that special circumstances exist—

(i)a determination may not be made to take effect before the expiry date of the last preceding determination made by the Commission in accordance with this subsection;

(ii)a determination may only be made if the entity has made a submission to the Commission stating the price that the entity proposes be fixed by the Commission as the entity's standing contract price, and the entity's justification for the price, not less than 6 months and not more than 9 months before the making of the determination;

(iii)the Commission must, before making a determination, have conducted an inquiry under Part 7 of the Essential Services Commission Act 2002 into the question of the appropriate price to be fixed as the standing contract price;

(e)a submission under paragraph (d) must comply with any requirements as to the form and content of such submissions imposed by the Commission by written notice served on the entity;

(f)if the Commission has determined that special circumstances exist—the Commission may make a determination that takes effect as a variation of the existing determination (with effect for the balance of the term of the existing determination (unless another variation is subsequently made)).

(5)The Governor may, by proclamation—

(a)declare that this section applies to a specified electricity entity; and

(b)vary or revoke such a declaration.

(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.

(7)The Governor may, by proclamation, fix a day on which this section expires.

36AB—Provision for default contract with small customers

(1)This section applies to an electricity entity holding a licence authorising the retailing of electricity that sells electricity to one or more small customers in South Australia.

(2)It is a condition of the electricity entity's licence that the entity must, if the entity becomes bound, in accordance with the regulations, to sell electricity to a small customer under a default contract arrangement for a period specified in the regulations—

(a)give the customer a written notice in accordance with the regulations; and

(b)sell electricity to the customer at the entity's default contract price and subject to the entity's default contract terms and conditions for that period.

(3)In this section—

default contract price, in relation to an electricity entity, means whichever of the following is the price last fixed:

s 82(3)	amended by 62/1997 s 12(b)	1.1.1998
s 83
s 83(1)	amended by 62/1997 s 13(a)	1.1.1998
s 83(6)	amended by 62/1997 s 13(b)	1.1.1998
s 84
s 84(1)	amended by 16/2013 s 24	17.6.2013
s 84(2)	amended by 21/2017 s 37(1)	17.10.2017
s 84(3)	substituted by 21/2017 s 37(2)	17.10.2017
s 84(4)	inserted by 21/2017 s 37(2)	17.10.2017
s 85
s 85(1)	amended by 16/2013 s 25	17.6.2013
s 85(2)	amended by 21/2006 s 16	1.9.2007
s 90	amended by 60/1999 s 66	11.10.1999
s 91	amended by 71/1997 s 9	5.3.1998
amended by 60/1999 s 67	11.10.1999
amended by 19/2002 s 22, Sch	12.9.2002
amended by 32/2009 s 22	1.7.2009
s 91A	inserted by 24/2011 s 8	29.7.2011
s 91B	inserted by 21/2017 s 38	17.10.2017
s 92
s 92(2a)	inserted by 21/2017 s 39	17.10.2017
s 92(3)	inserted by 16/2013 s 26	17.6.2013
s 93	substituted by 16/2013 s 27	17.6.2013
s 93A	inserted by 21/2017 s 40	17.10.2017
s 94
s 94(1)	amended by 60/1999 s 68	11.10.1999
s 94A	inserted by 19/2002 s 23	12.9.2002
s 94B	inserted by 19/2009 s 4	3.9.2009
s 94B(1)	amended by 25/2020 s 5(1)	1.10.2020
s 94B(2)	amended by 25/2020 s 5(2)	1.10.2020
s 94B(3)	amended by 25/2020 s 5(3)	1.10.2020
s 94B(12)	amended by 25/2020 s 5(4)	1.10.2020
s 94B(13)	amended by 25/2020 s 5(5)	1.10.2020
s 94B(15)
relevant electricity retailer	substituted by 55/2012 s 21	1.2.2013
s 95 before deletion by 84/2009
s 95(1)	amended by 60/1999 s 69	11.10.1999
s 95	deleted by 84/2009 s 111	1.2.2010
s 96
s 96(2)	amended by 62/1997 s 14	1.1.1998
amended by 60/1999 s 70(a), (b)	11.10.1999
amended by 19/2002 s 24(a), Sch	12.9.2002
s 96(3)	amended by 60/1999 s 70(c)	11.10.1999
amended by 19/2002 Sch	12.9.2002
amended by 19/2002 s 24(b)	1.1.2003
s 96(3a)	inserted by 60/1999 s 70(d)	11.10.1999
amended by 19/2002 s 24(c)	12.9.2002
s 97
s 97(1)	amended by 21/2017 s 41	17.10.2017
s 97(2)	amended by 60/1999 s 71	11.10.1999
amended by 21/2006 Sch 1	1.9.2007
s 98
s 98(2)	amended by 60/1999 s 72(a), (c)	11.10.1999
(d) deleted by 60/1999 s 72(b)	11.10.1999
(d) inserted by 32/2009 s 23	1.7.2009
amended by 55/2012 s 22	1.2.2013
amended by 21/2017 s 42	17.10.2017
s 98(2a)	inserted by 60/1999 s 72(d)	11.10.1999
s 98(2b)	inserted by 60/1999 s 72(d)	11.10.1999
deleted by 19/2002 s 25	1.1.2003
s 98(2c)	inserted by 60/1999 s 72(d)	11.10.1999
amended by 21/2006 Sch 1	1.9.2007
s 98(3)	amended by 60/1999 s 72(e)	11.10.1999
amended by 19/2002 Sch	12.9.2002
amended by 21/2006 s 17	1.9.2007
Sch 1	substituted by 60/1999 s 73	11.10.1999
amended by 51/2000 s 3	20.7.2000
amended by 19/2002 Sch	12.9.2002
expired: Sch 1 cl 2(2)—omitted under Legislation Revision and Publication Act 2002	(31.12.2002)
Sch 1A	inserted by 60/1999 s 73	11.10.1999
deleted by 51/2017 s 68	4.10.2018
Sch 2
cl 2	amended by 71/1997 s 10	5.3.1998
deleted by 60/1999 s 74	11.10.1999

Transitional etc provisions associated with Act or amendments

Electricity (Pricing Order and Cross-ownership) Amendment Act 2000

4—Exclusion of Crown liability in relation to electricity pricing order

(1)No liability (including contractual liability) is incurred by the Crown in connection with the variation of the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471.

(2)In this section—

Crown includes a Minister of the Crown, an instrumentality of the Crown or an officer or employee of the Crown or an instrumentality of the Crown, but does not include a contractor, or an officer or employee of a contractor, engaged by the Crown.

Electricity (Pricing Order) Amendment Act 2003

4—Exclusion of Crown liability in relation to electricity pricing order

(1)No liability (including contractual liability) is incurred by the Crown in connection with the further variation of the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471.

(2)In this section—

Crown includes a Minister of the Crown, an instrumentality of the Crown or an officer or employee of the Crown or an instrumentality of the Crown, but does not include a contractor, or an officer or employee of a contractor, engaged by the Crown.

Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions

Note—

Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.

1—Interpretation

In this Part, unless the contrary intention appears—

Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;

employing authority means—

(a)subject to paragraph (b)—the person who is the employing authority under a relevant Act;

(b)in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;

Industrial Commission means the Industrial Relations Commission of South Australia;

prescribed body means—

(a)the Aboriginal Lands Trust;

(b)the Adelaide Cemeteries Authority;

(c)the Adelaide Festival Centre Trust;

(d)the Adelaide Festival Corporation;

(e)SA Ambulance Service Inc;

(f)the Minister to whom the administration of the Children's Services Act 1985 is committed;

(g)the Minister to whom the administration of the Education Act 1972 is committed;

(h)the Electricity Supply Industry Planning Council;

(i)a body constituted under the Fire and Emergency Services Act 2005;

(j)the History Trust of South Australia;

(k)the Institute of Medical and Veterinary Science;

(l)a regional NRM board constituted under the Natural Resources Management Act 2004;

(m)the Senior Secondary Assessment Board of South Australia;

(n)the South Australian Country Arts Trust;

(o)the South Australian Film Corporation;

(p)the South Australian Health Commission;

(q)an incorporated hospital under the South Australian Health Commission Act 1976;

(r)an incorporated health centre under the South Australian Health Commission Act 1976;

(s)the South Australian Motor Sport Board;

(t)the South Australian Tourism Commission;

(u)The State Opera of South Australia;

(v)the State Theatre Company of South Australia;

(w)the Minister to whom the administration of the Technical and Further Education Act 1975 is committed;

relevant Act means—

(a)in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;

(b)in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;

(c)in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.

2—Transfer of employment

(1)Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).

(2)The following persons will, on the commencement of this clause, be taken to be employed as follows:

(a)a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);

(b)a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;

(c)a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;

(d)a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.

(3)Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).

(4)Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—

(a)will be taken to provide for continuity of employment without termination of the relevant employee's service; and

(b)will not affect—

(i)existing conditions of employment or existing or accrued rights to leave; or

(ii)a process commenced for variation of those conditions or rights.

(5)If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—

(a)with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and

(b)with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,

subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).

(6)Where an award or enterprise agreement is created by virtue of the operation of subclause (5)—

(a)the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and

(b)the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and

(c)the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.

3—Superannuation

(1)If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.

(2)Nothing that takes effect under subclause (1)—

(a)constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(b)terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,

and subclause (1) may have effect despite any other Act or law.

(3)An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).

4—Interpretative provision

(1)The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.

(2)A proclamation under subclause (1) may effect a transfer of functions or powers.

5—Related matters

(1)A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(2)A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(3)A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(4)A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.

(5)The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).

6—Other provisions

(1)The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

(2)A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

(3)To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

(a)decreasing the person's rights; or

(b)imposing liabilities on the person.

(4)The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.

Statutes Amendment (Australian Energy Market Operator) Act 2009, Sch 1

Part 1—Transitional provisions—Electricity market

Division 1—Preliminary

1—Preliminary

In this Part, unless the contrary intention appears—

AEMO means the Australian Energy Market Operator Limited (ACN 072 010 327);

asset means tangible or intangible real or personal property of any description and includes—

(a)a present, future or contingent legal or equitable interest in real or personal property;

(b)a chose in action;

(c)a right, power, privilege or immunity;

(d)goodwill;

(e)a security;

(f)money;

(g)documents;

(h)information (including data and records) in any form;

business day means any day except a Saturday, Sunday or public holiday;

designated entity means—

(a)AEMO; or

(b)the relevant Minister;

ESIPC means the Electricity Supply Industry Planning Council;

liability means a monetary or non‑monetary obligation and includes a future or contingent obligation;

principal Act means the Electricity Act 1996;

property includes intellectual property;

relevant day means a day appointed by the relevant Minister by notice in the Gazette as the relevant day for the purposes of the provision in which the term is used;

relevant Minister means the Minister responsible for the administration of the principal Act;

Technical Regulator means the Technical Regulator under the principal Act.

Division 2—Reporting requirements and financial statements—ESIPC

2—Reporting and financial requirements—ESIPC

(1)AEMO must comply with any requirement that would have applied to or in relation to ESIPC with respect to ESIPC's operations before the relevant day had the repeal of Part 2 Division 2 of the principal Act not been effected by this Act—

(a)to ensure that proper accounts are maintained and financial statements prepared and finalised with respect to any financial year; and

(b)to ensure that financial statements are delivered to the Auditor‑General for auditing (together with any relevant certificates, information or material); and

(c)to prepare and deliver any annual or other reports.

(2)AEMO, or the Chief Executive of AEMO, may take such steps as are reasonably necessary in order to comply with subclause (1) (including by assuming control of any accounts, statements or other documents or materials or by providing any certificate, information or statement).

Division 3—Assignment or provision of information

3—Assignment of information held by ESIPC

(1)Despite any other Act or law, the documents and other information (including data and records) in any form held by ESIPC immediately before the relevant day (designated information) will be assigned by force of this clause to—

(a)in the case of designated information directly relevant to the functions of AEMO—AEMO;

(b)in the case of designated information directly relevant to the functions of the relevant Minister—the relevant Minister;

(c)in the case of designated information directly relevant to the functions of the Technical Regulator appointed under the principal Act—the Technical Regulator;

(d)in the case of any other designated information—the relevant Minister or, if so determined by the relevant Minister, another person or entity specified by the relevant Minister.

(2)Any person or entity to which designated information is assigned under this clause will hold that designated information on the same basis as it was being held by ESIPC immediately before the relevant day.

(3)It follows that—

(a)if the designated information was confidential in the hands of ESIPC immediately before the relevant day, it remains confidential in the hands of the person or entity to which it is assigned; and

(b)the person or entity must deal with any designated information in the same way as if it has been acquired or produced by the person or entity rather than ESIPC.

(4)Despite a preceding subclause, AEMO, the relevant Minister and the Technical Regulator may provide any information obtained under this clause to each other and, in doing so, will not be acting in breach of any confidence and will not be subject to any other form of limitation that may have applied to ESIPC.

4—Provision of information under a licence

A reference in a licence under the principal Act relating to the provision of information by an electricity entity to ESIPC will, on the relevant day, be taken to be a reference to the provision of information to AEMO.

Division 4—Transfer of assets and liabilities—ESIPC

5—Ministerial orders

(1)The relevant Minister may, by instrument in writing (an allocation order), transfer—

(a)specified assets or liabilities of ESIPC to AEMO or to the relevant Minister;

(b)specified classes of assets or liabilities of ESIPC to AEMO or to the relevant Minister;

(c)all assets and liabilities of ESIPC, other than specified classes of assets or liabilities, to AEMO;

(d)all assets and liabilities of ESIPC, or all remaining assets and liabilities of ESIPC, to AEMO.

(2)An allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order.

(3)If it appears to the relevant Minister that assets or liabilities should not have been transferred to AEMO under this clause, the Minister may, by instrument in writing (a claw back order), transfer assets or liabilities transferred under this clause from AEMO to the relevant Minister or to another person or entity specified by the relevant Minister.

(4)A claw back order—

(a)must be made within 12 months after the date of the allocation order; and

(b)takes effect from a date (which may be earlier than the date of the order) specified in the order.

(5)The relevant Minister must, at least 20 business days before making a claw back order, give AEMO written notice of the relevant Minister's intention to make the order.

(6)The relevant Minister may make an allocation order, or a claw back order, in relation to assets or liabilities situated outside South Australia.

(7)An allocation order or a claw back order may be made on conditions specified in the order.

6—Effect of transfer order

(1)On the relevant date, assets and liabilities vest in the transferee named in a transfer order in accordance with the order.

(2)If a transfer order provides for the transfer of the transferor's interest in an agreement—

(a)the transferee becomes on the relevant date a party to the agreement in place of the transferor; and

(b)on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.

(3)In this clause—

relevant date means, in relation to an allocation order or a claw back order, the date specified in the order for the order to take effect;

transfer order means an allocation order or a claw back order under clause 5;

transferor means the person from whom assets or liabilities are transferred by a transfer order.

7—Continued effect of certain acts by ESIPC

Anything done, or omitted to be done, by ESIPC in relation to assets or liabilities transferred to a designated entity under this Division is, if it continues to have effect as at the date of the transfer, taken to be the designated entity's act or omission.

8—Continuation of proceedings

Proceedings commenced before the date of transfer by or against ESIPC in relation to an asset or liability transferred to a designated entity under this Division may be continued and completed by or against the designated entity.

9—Evidence of transfer

A written notice signed by the relevant Minister stating that a specific transfer of assets or liabilities has been made under this Division is conclusive evidence of the transfer.

10—References

(1)A reference in an instrument or other document to ESIPC in connection with an asset or liability transferred to a designated entity under this Division is, from the date of transfer, taken to be a reference to the designated entity.

(2)Subclause (1) does not apply to any instrument or document, or instrument or document of a specified class, excluded from the operation of that subclause by the relevant Minister by notice in the Gazette.

11—Parties to transfer must do anything necessary to perfect transfer

(1)AEMO must accept assets and liabilities transferred to it under this Division.

(2)The relevant Minister may direct AEMO's directors to accept, on AEMO's behalf, a transfer of assets or liabilities under this Division.

(3)AEMO must take necessary action to perfect a transfer of assets or liabilities under this Division.

(4)The relevant Minister may direct the directors of AEMO to ensure that AEMO complies with an obligation under subclause (3).

12—Agreements

(1)As from the relevant day, AEMO succeeds to ESIPC's powers, rights, obligations and liabilities under any agreement or other instrument related to an electricity market of which AEMO assumes the operation.

(2)A reference in an agreement or other instrument within the ambit of subclause (1) continues to have effect in accordance with its terms as if any reference to ESIPC were a reference to AEMO (and AEMO will be taken to be a party to the agreement or other instrument, and to always have been such a party).

Division 5—Instruments made by ESIPC

13—Instruments made by ESIPC

(1)Unless the context otherwise requires, a procedure, guideline, directive, approval, determination or other instrument of a legislative or administrative character—

(a)made by ESIPC under the principal Act; and

(b)in force immediately before the relevant day,

continues in force, subject to amendment or revocation by AEMO, as if made by AEMO.

(2)Subclause (1) does not apply to any instrument, or instrument of a specified class, excluded from the operation of that subclause by the relevant Minister by notice in the Gazette.

Part 3—Related matters

28—Corporations Act displacement

To the extent that any provision of this Schedule is incapable of concurrent operation with a provision of the Corporations Act 2001 of the Commonwealth (a designated Commonwealth provision), the provision of this Schedule is declared to be a Corporations legislation displacement provision for the purposes of section 5G of that Act in relation to the designated Commonwealth provision.

Note—

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

29—Validity and effect of steps taken under Schedule

(1)Nothing done under this Schedule—

(a)is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b)is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition that allows a person to exercise a power, right of remedy in respect of or to terminate any agreement or obligation; or

(d)is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or

(e)is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f)is to be regarded as frustrating any contract; or

(g)releases any surety or other obligor wholly or in part from any obligation; or

(h)gives rise to any right or entitlement to damages or compensation.

(2)The transfer of a liability of an entity under this Part releases the entity from the liability.

(3)If the books or records of an entity are transferred to AEMO under this Part, AEMO must—

(a)preserve the books and records for at least 7 years; and

(b)allow—

(i)the entity and, if relevant, any director or former director of the entity; and

(ii)any other person authorised by the relevant Minister,

reasonable access to the books and records.

(4)In this clause—

AEMO means the Australian Energy Market Operator Limited (ACN 072 010 327);

relevant Minister means the Minister responsible for the administration of the Electricity Act 1996.

30—Exemption from taxes

Any stamp duty or other tax imposed by or under a law of this State is not payable in relation to a transfer of assets or liabilities under this Schedule.

Electricity (Miscellaneous) Amendment Act 2011, Sch 1—Transitional provisions

1—Preliminary

(1)In this Schedule—

Commission means the Essential Services Commission established under the Essential Services Commission Act 2002;

new Division 3AB means Part 3 Division 3AB of the Electricity Act 1996 (as substituted by this Act);

prescribed qualifying customer means a qualifying customer in relation to a generator where—

(a)permission to connect to a distribution network for the purpose of feeding‑in electricity generated by the generator as a qualifying generator in accordance with section 36AB(1)(a) of the Electricity Act 1996 (as in existence immediately before the commencement of this Act) has been obtained before 1 September 2010; and

(b)the generator has fed electricity into the network as a qualifying generator within 6 months after the commencement of this Act,

(but if the generator is, on or after 1 September 2010—

(c)altered in a manner that increases the capacity of the generator to generate electricity; or

(d)disconnected and moved to another site,

then the status of the person as a prescribed qualifying customer in relation to that generator will no longer apply under this Schedule).

(2)Terms used in this Schedule and also in new Division 3AB have the same meanings in this Schedule as they have in new Division 3AB.

2—Existing qualifying customers

A prescribed qualifying customer—

(a)will be entitled to receive the credits under new Division 3AB in respect of excluded electricity (if any) generated by a qualifying generator; and

(b)will be taken to be a Category 1 qualifying customer under section 36AE (as enacted as part of new Division 3AB) with respect to a qualifying generator; and

(c)will not be subject to the operation of section 36AE(2), (3), (4) and (5) (as enacted as part of new Division 3AB) with respect to a qualifying generator.

3—Commencement of certain provision

Until the commencement of section 36AD as substituted by this Act, section 36AD(2) of the Electricity Act 1996, as in existence immediately before the commencement of this Act, continues to apply to electricity entities holding licences to sell electricity as retailers to qualifying customers (as if this Act had not been enacted).

4—Initial determination of prescribed amount by Commission

(1)The Commission must, after the commencement of this clause, make an initial determination in relation to the credits payable by a retailer for the feeding‑in of electricity into a distribution network under section 36AD of the Electricity Act 1996 (as to be inserted into that Act as part of new Division 3AB).

(2)Despite the amendments effected by section 6 of this Act and the provisions of the Essential Services Commission Act 2002, an initial determination—

(a)will be made after the Commission has adopted such processes as the Commission thinks fit; and

(b)may be based on such principles, policies and other factors as the Commission thinks appropriate; and

(c)will be made by the Commission by notice in the Gazette; and

(d)will be binding on the electricity entities to which it is expressed to apply; and

(e)must be made within 6 months from the commencement of this clause.

(3)An amount determined under this clause will be taken to be an amount determined under section 35A of the Electricity Act 1996 for the purposes of the definition of prescribed amount in new Division 3AB.

Statutes Amendment (Electricity and Gas) Act 2017

43—Transitional provisions

(1)An amendment to section 22, 23 or 24A of the principal Act effected by a provision of this Act applies to a licence granted under the principal Act, or the holder of a licence under the principal Act, whether the licence was granted before or after the commencement of the relevant provision (and any existing licence is taken to be modified accordingly).

(2)In particular, a reference to the Commission in a condition relating to section 22(1)(c)(ii) or section 23(1)(c)(ii) of the principal Act under a licence in force immediately before the commencement of section 7 or 8 of this Act (as the case requires) will be taken, on the commencement of the relevant section, to be a reference to the Technical Regulator (but nothing in this subsection is to be taken to require a licence holder to obtain a fresh approval to an existing safety, reliability, maintenance and technical management plan).

(3)For the purposes of the preceding subsections, the Commission may, as it thinks fit, issue to the holder of a licence under the principal Act in force immediately before the commencement of a provision of this Act a replacement copy of the licence in order to take account of modifications effected by the provision.

(4)In this section—

principal Act means the Electricity Act 1996.

Statutes Amendment (SATAC No 2) Act 2017, Pt 12

69—Transitional provisions

(1)A right of appeal to the District Court under section 76 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Court.

(2)Nothing in this section affects any proceedings before the District Court commenced before the relevant day.

(3)A member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).

(4)In this section—

expert panel means the panel established under Schedule 1A of the principal Act as in force immediately before the relevant day;

principal Act means the Electricity Act 1996;

relevant day means the day on which this Part comes into operation;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Historical versions

Reprint No 1—1.1.1998

Reprint No 2— 5.3.1998

Reprint No 3—19.8.1999 

Reprint No 4—11.10.1999

Reprint No 5—25.11.1999

Reprint No 6—1.6.2000

Reprint No 7—20.7.2000

Reprint No 8—12.9.2002

Reprint No 9—1.1.2003

Reprint No 10—17.4.2003

Reprint No 11—1.7.2003

19.8.2004

25.11.2004

1.7.2005

1.10.2005

1.4.2007

1.9.2007

1.7.2008

25.6.2009 (electronic only)

1.7.2009

3.9.2009

22.10.2009

1.2.2010

1.7.2010

5.8.2010

16.6.2011

29.7.2011

27.1.2012

16.9.2012

1.2.2013

17.6.2013

17.10.2017

4.10.2018