Electricity Industry (Wholesale Electricity Market) Amendment Regulations (No. 3) 2015 (WA)

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13 November 2015 GOVERNMENT GAZETTE, WA 4633

ENERGY

EN301*

Electricity Industry Act 2004

Electricity Industry (Wholesale Electricity

Market) Amendment Regulations (No. 3) 2015

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Electricity Industry (Wholesale
Electricity Market) Amendment Regulations (No. 3) 2015.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulation 5 — on the day after gazettal day;
(c) regulations 7, 17(2) and 18 — at 8.00 am on the day fixed by the Minister by order published in the Gazette;
(d) the rest of the regulations — at 8.00 am on 30 November 2015.

3.             Regulations amended

These regulations amend the Electricity Industry (Wholesale
Electricity Market) Regulations 2004.

4.             Regulation 3 amended

(1) In regulation 3 insert in alphabetical order:

operator means the AEMO;

(2) In regulation 3 in the definition of AEMO after “Operator”
insert:
Limited

5.             Regulation 7 amended

After regulation 7(3) insert:

(4) Despite anything in this regulation or the market rules,
the Minister may make amending rules during the
4634 GOVERNMENT GAZETTE, WA 13 November 2015

period beginning on the day on which the Electricity Industry (Wholesale Electricity Market) Amendment Regulations (No. 3) 2015 regulation 5 comes into

operation and ending on 1 July 2017.

6.             Regulation 12 amended

(1) In regulation 12(1) delete “IMO.” and insert:
operator and on the IMO.
(2) Delete regulation 12(2) and insert:
(2A) The operator is responsible for the development, in
accordance with the market rules, of amendments of
and replacements for the market procedures, to the
extent to which the procedures relate to its functions.
(2) The IMO is responsible for the development, in
accordance with the market rules, of amendments of
and replacements for the market procedures, to the
extent to which the procedures relate to its functions,
and the market rules.
(3) In regulation 12(4) delete “IMO of its” and insert:
operator and the IMO of
(4) Delete regulation 12(5).
Note:  The heading to amended regulation 12 is to read:

Functions of operator and IMO

7.             Regulation 13 amended

(1) In regulation 13(1) delete “operating the SWIS” and insert:
ensuring that the SWIS is operated
(2) In regulation 13(6) delete “the operator and”.

8.             Regulation 15 amended

In regulation 15(2) after “authorise the” insert:

operator, the

13 November 2015 GOVERNMENT GAZETTE, WA 4635

9.             Regulation 16 amended

After regulation 16(2) insert:

(3) A certificate under subregulation (1) or (2), that was
signed before the time at which the Electricity Industry
(Wholesale Electricity Market) Amendment
Regulations (No. 3) 2015 regulation 9 comes into
operation and that has effect immediately before that
time, has effect after that time, according to its terms,
as if signed by the chief executive officer of the
operator.

10.           Regulation 19 amended

In regulation 19(2) before “IMO” (1st occurrence) insert:

operator, the

Note:  The heading to amended regulation 19 is to read:

Registration required for certain activities

11.           Regulation 21 amended

In regulation 21(1)(a) after “under” insert:

these regulations,

12.           Regulation 32 amended

In regulation 32(3) and (4) before “IMO” insert:

operator or the

13.           Regulation 33 amended

In regulation 33(5) before “IMO” insert:

operator or the

14.           Regulation 39 amended

In regulation 39(2) before “IMO” insert:

operator or the

4636 GOVERNMENT GAZETTE, WA 13 November 2015

15.           Regulation 40 amended

In regulation 40(1)(a), (2)(a) and (3) delete “participant” (each
occurrence) and insert:

participant, the operator

16.           Regulation 42 amended

In regulation 42(2)(b) delete “IMO;” and insert:

operator or the IMO (whichever is relevant);

17.           Regulation 51 amended

(1) After regulation 51(a) insert:

(ba) the operator;

(2) Delete regulation 51(ba).

18.           Regulation 52 amended

After regulation 52(2) insert:

(3A) For the period of 12 months commencing at the time at
which the Electricity Industry (Wholesale Electricity
Market) Amendment Regulations (No. 3) 2015
regulation 18 comes into operation, subregulation (2)
has effect in relation to the operator (including in
relation to its system management function) as if —
(a) in paragraph (a), $10 000 were substituted for $100 000; and
(b) in paragraph (b), $100 000 were substituted for $10 000 000.

19.           Part 9 inserted

After regulation 53 insert:

Part 9 — Provision of information and advice to

Minister

54.           Provision of information and advice to Minister: operator’s functions

(1) In this regulation —
protected information means information —
(a) given to the operator in confidence; or
13 November 2015 GOVERNMENT GAZETTE, WA 4637

(b)

given to the operator, in connection with the performance of its functions that, in the opinion of the operator, would adversely affect the commercial interest of the person who gave the information if it were publicly disclosed.

(2) The Minister may request the operator to —

(a)

provide information about the performance of its functions under these regulations or the market rules; or

(b)

provide advice, including advice in the nature of feasibility studies and consultancy services.

(3) The operator must comply with a request.
(4) Protected information provided in response to a request
under subregulation (2) must be identified as such by
the operator at the time of providing the information.
(5) The costs of the operator in complying with a request under subregulation (2)(a) are not recoverable by way of fees to be paid by registered participants under the market rules.

20.           Various references to “IMO” amended

In the provisions listed in the Table delete “IMO” (each
occurrence) and insert:
operator 

Table

r. 12(3) r. 13(6)
r. 14 r. 16(1) and (2)
r. 18A(1) r. 21(2)

N. HAGLEY, Clerk of the Executive Council.

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