National Electricity (South Australia) Act 1996 (SA)

South Australia

National Electricity (South Australia) Act 1996

An Act to make provision for the operation of a national electricity market and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the National Electricity (South Australia) Act 1996.

3Interpretation

(1)
In this Act—
National Electricity (South Australia) Law means the provisions applying because of section 6 of this Act;
National Electricity (South Australia) Regulations means the provisions applying because of section 7 of this Act.
(2)
Words and expressions used in the National Electricity (South Australia) Law and in this Act have the same respective meanings in this Act as they have in that Law.
(3)
Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

4Crown to be bound

This Act, the National Electricity (South Australia) Law and the National Electricity (South Australia) Regulations bind the Crown, not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5Extra-territorial operation

It is the intention of the Parliament that the operation of this Act, the National Electricity (South Australia) Law and the National Electricity (South Australia) Regulations should, so far as possible, include operation in relation to the following:
(a)
land situated outside South Australia, whether in or outside Australia;
(b)
things situated outside South Australia, whether in or outside Australia;
(c)
acts, transactions and matters done, entered into or occurring outside South Australia, whether in or outside Australia;
(d)
things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

Part 2National Electricity (South Australia) Law and National Electricity (South Australia) Regulations

6Application in South Australia of National Electricity Law

The National Electricity Law set out in the Schedule to this Act, as in force for the time being—
(a)
applies as a law of South Australia; and
(b)
as so applying may be referred to as the National Electricity (South Australia) Law.

7Application of regulations under National Electricity Law

The regulations in force for the time being under Part 4 of this Act—
(a)
apply as regulations in force for the purposes of the National Electricity (South Australia) Law; and
(b)
as so applying may be referred to as the National Electricity (South Australia) Regulations.

8Interpretation of some expressions in National Electricity (South Australia) Law and National Electricity (South Australia) Regulations

(1)
In the National Electricity (South Australia) Law and the National Electricity (South Australia) Regulations—

the jurisdiction or this jurisdiction means the State of South Australia;
Legislature of this jurisdiction means the Parliament of South Australia;
the National Electricity Law or this Law means the National Electricity (South Australia) Law;
Supreme Court means the Supreme Court of South Australia.

(2)
The Acts Interpretation Act 1915 does not apply to the National Electricity (South Australia) Law or the National Electricity (South Australia) Regulations.

Part 4Making of regulations and rules under National Electricity Law10Definitions

In this Part—
National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force for the time being.

11General regulation-making power for National Electricity Law

(1)
The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, the National Electricity Law.
(2)
Regulations under this Part may—
1. (a)
  be of general or limited application;
2. (b)
  vary according to the persons, times, places or circumstances to which they are expressed to apply.
(3)
Regulations under this Part may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions.
(5)
Section 10 of the Legislative Instruments Act 1978 does not apply to a regulation under this Part.

12Specific regulation-making power

(1)
Without limiting the generality of section 11, the regulations may deal with matters of a transitional nature—
(a)
relating to the transition from the application of provisions of the old National Electricity Law to the application of provisions of the new National Electricity Law; or
(b)
on account of any amendments made from time to time to the new National Electricity Law.
(2)
Any provision of the regulations that deals with a matter of a transitional nature under subsection (1)(a) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this subsection.
(2a)
Any provision of the regulations that deals with a matter of a transitional nature under subsection (1)(b) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of the relevant amendment.
(3)
If a provision of a regulation is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, the provision must also provide that the provision does not operate so as—
(a)
to prejudicially affect the rights of a person (other than a participating jurisdiction or the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO T) existing before the date of making of those regulations; or
(b)
to impose liabilities on any person (other than a participating jurisdiction or the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO T) in respect of anything done or omitted to be done before the date of making of those regulations.
(4)
In this section—
matters of a transitional nature includes matters of an application or savings nature;
new National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force from time to time after the commencement of this subsection, or the Rules as in force from time to time after the commencement of this subsection;
old National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force from time to time before the commencement of this subsection, or the Code as defined by that Law and in force from time to time before the commencement of this subsection.

13Making of rules

The Legislative Instruments Act 1978 does not apply to Rules made under the National Electricity Law.

Part 5General14Freedom of information

The following are exempt agencies for the purposes of the Freedom of Information Act 1991:
(b)
AEMO;
(c)
an agent of AEMO with respect to functions performed under the Rules.

15Conferral of functions and powers on Commonwealth bodies

(1)
Clause 2 of Schedule 2 of the National Electricity Law will have effect in relation to the operation of any provision of this Act, or any regulation made under this Act, as if the provision or regulation formed part of the National Electricity Law.
(2)
Subsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.

15ARegulation‑making power for the purposes of the National Electricity (South Australia) Law

The Governor may make such regulations as are contemplated by the National Electricity (South Australia) Law as being made under this Act as the application Act of this jurisdiction.

Part 6—Transfer of economic regulation of electricity distribution to AERlocal provisions16Interpretation

(1)
In this Part, unless the contrary intention appears—
EPO means the Electricity Pricing Order made by the Treasurer under section 35B of the Electricity Act 1996 on 11 October 1999, as varied from time to time under that Act;
ESCoSA means the Essential Services Commission established under the Essential Services Commission Act 2002;
ESCoSA distribution determination means the 2005-2010 Electricity Distribution Price Determination made by ESCoSA in April 2005, as varied from time to time;
ETSA Utilities has the same meaning as in the EPO;
National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force from time to time;
NEC means the National Electricity Code;
network services has the same meaning as in the Electricity Act 1996;
relevant Amendment Act means the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007;
relevant day means the day on which the relevant Amendment Act comes into operation;
small customer has the same meaning as in the Electricity Act 1996.
(2)
A reference in this Part to the National Electricity Law includes a reference to the old National Electricity Law.

17Provision of information and assistance by ESCoSA

(1)
Despite any other Act or law, ESCoSA is authorised, on its own initiative or at the request of the AER—
1. (a)
  to provide the AER with such information (including information given in confidence) in the possession or control of ESCoSA that is reasonably required by the AER for the purposes of this Part or the National Electricity Law; and
2. (b)
  to provide the AER with such other assistance as is reasonably required by the AER to perform or exercise a function or power under this Part or the National Electricity Law.
(2)
Despite any other Act or law, ESCoSA may authorise the AER to disclose information provided under subsection (1) even if the information was given to ESCoSA in confidence.
(3)
Nothing done, or authorised to be done, by ESCoSA in acting under subsection (1) or (2)—
1. (a)
  constitutes a breach of, or default under, an Act or other law; or
2. (b)
  constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
3. (c)
  constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or
4. (d)
  constitutes a civil or criminal wrong; or
5. (e)
  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; or
6. (f)
  releases a surety or any other obligee wholly or in part from an obligation.

18Price determinations

(1)
The ESCoSA distribution determination continues in operation for the purposes of the law of the State despite the amendments to the National Electricity (South Australia) Law effected by the relevant Amendment Act until the end of the regulatory period specified by that determination.
(2)
ESCoSA—
(a)
will continue to be responsible for the operation, administration and enforcement of the ESCoSA distribution determination; and
(b)
will cease to be responsible to make a further distribution determination in respect of ETSA Utilities from the relevant day.
(3)
In connection with the operation of subsections (1) and (2)(a), the National Electricity Law, the Rules, the NEC and the EPO, as in force from time to time before the commencement of this subsection, will be taken to continue to apply with respect to the ESCoSA distribution determination (and the amendments effected by the relevant Amendment Act will be disregarded).
(4)
On or after the relevant day, the AER must, when acting under the National Electricity (South Australia) Law—
(a)
comply with the requirements under subsection (5); and
(b)
give effect to the provisions of the EPO (as in force from time to time).
(5)
The requirements under this subsection are as follows:
(a)
the AER must, in making a distribution determination or approving a pricing proposal for the purposes of the Rules, ensure that the prices charged to small customers for network services in relation to distribution services in the State are not subject to variation on the basis of location;
(b)
the AER must only approve a distribution loss factor that has been calculated for the purposes of the Rules by ETSA Utilities if the distribution loss factor—
(i)
has been calculated on a State‑wide basis by reference to voltage level and proximity of a customer's metering point to a transformer; and
(ii)
is not related to the relative length of a distribution line involved in supplying electricity to the customer;
(c)
the AER must determine any transmission loss factor using a single virtual transmission node for small customers that has been calculated for the purposes of the Rules by the holder of a licence under the Electricity Act 1996 authorising the operation of a transmission network on a State‑wide basis;
(d)
the AER must ensure that any method of allocation agreed with ETSA Utilities in relation to transmission use of system costs paid by ETSA Utilities requires the allocation of those costs to ETSA Utilities' small customers on a State‑wide basis that ensures that the rates charged with respect to all such small customers are not subject to variation on the basis of location.
(6)
In connection with the operation of subsections (4) and (5)—
(a)
the EPO will be taken to continue to apply as if the AER were the Regulator under the EPO; and
(b)
for the avoidance of doubt, in the event of an inconsistency between the operation or effect of subsection (5) and the EPO, subsection (5) prevails.
(7)
Subsections (4), (5) and (6) apply until the EPO is varied or revoked so that it no longer applies to distribution determinations.
(8)
This section applies despite any provision to the contrary in the National Electricity Law or the Rules (and, to the extent of any inconsistency between such a provision and the operation or effect of this section, this section prevails).

Part 7AEMO's additional advisory functions19AEMO's additional advisory functions

(1)
Subdivision 2 of Division 2 of Part 5 of the National Electricity (South Australia) Law applies to, and in relation to, South Australia.
(2)
For the purposes of the National Electricity (South Australia) Law, declared power system means a system for the generation, transmission and distribution of electricity in South Australia and includes part of such a system.

Part 8Validation of instruments and decisions of AER

20Validation of instruments and decisions made by AER

(1)
This section applies to an instrument or decision made by the AER if—
1. (a)
  the instrument or decision was made—
  1. (i)
    on or after the time that the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 were enacted; but
  2. (ii)
    before the time (the application time) that the amendments started to apply under this Act as a law of South Australia; and
2. (b)
  had the amendments started so to apply the making of the instrument or decision would have been authorised by or under one of the following laws (the authorising law):
  1. (i)
    the National Electricity (South Australia) Law;
  2. (ii)
    the National Electricity (South Australia) Regulations;
  3. (iii)
    this Act;
  4. (iv)
    an instrument made or having effect under this Act; and
3. (c)
  in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
(2)
For the purposes of the authorising law—
1. (a)
  the instrument or decision is taken to be valid; and
2. (b)
  the instrument or decision has effect from the application time—
  1. (i)
    as varied, and unless revoked, by any other instrument or decision to which this section applies; and
  2. (ii)
    subject to that law as so applying.
(3)
For the purposes of this section—
1. (a)
  guidelines are an example of an instrument; and
2. (b)
  the following are examples of decisions:
  1. (i)
    appointments;
  2. (ii)
    determinations;
  3. (iii)
    approvals.

21AER – authorisation of preparatory steps

(1)
This section applies if—
(a)
the AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law):
(i)
the National Electricity (South Australia) Law;
(ii)
the National Electricity (South Australia) Regulations;
(iii)
this Act;
(iv)
an instrument made or having effect under this Act; and
(b)
the preparatory step would have been required under the authorising law if the amendments of the National Electricity Law made by the Statutes Amendment (National Energy Retail Law) Act 2011 had started to apply under this Act as a law of South Australia; and
(c)
the AER takes the preparatory step—
(i)
on or after the time that the amendments were enacted; but
(ii)
before the time that the amendments started to apply under this Act as a law of South Australia.
(2)
For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.

Schedule—National Electricity Law

Part 1—Preliminary

1—Citation

This Law may be referred to as the National Electricity Law.

2—Definitions

(1)
In this Law—
access determination means a determination of the AER under Part 10;
access dispute has the meaning given by section 2A;
additional advisory functions—AEMO's additional advisory functions are as set out in section 50B(1);
additional Minister initiated Rules means Rules made under Part 7 Division 2 (other than section 90) by the Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia;
adoptive jurisdiction means (according to context)—
(a)
a participating jurisdiction for which AEMO is authorised to exercise its additional advisory functions; or
(b)
a participating jurisdiction for which AEMO is authorised to exercise its declared network functions;
AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;
AEMC initiated Rule means a Rule of the kind referred to in section 91(2);
AEMO amendments means—
(a)
the amendments to this Law made by the National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Act 2009; and
(b)
the amendments to the Rules made by the National Electricity (South Australia) (National Electricity Rules—Australian Energy Market Operator) Amendment Rules 2009;
AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;
AER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power;
AER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to—
(a)
the economic regulation of services provided by—
(i)
a regulated distribution system operator by means of, or in connection with, a distribution system; or
(ii)
a regulated transmission system operator or AEMO by means of, or in connection with, a transmission system; or
(b)
the preparation of a network service provider performance report; or
(c)
the making of a transmission determination or distribution determination; or
(d)
an access determination;
Note—
The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 18V(2).
AER market liquidity obligation functions means the functions conferred on the AER under section 15(1)(eba);
AER trial waiver functions means the functions conferred on the AER under Part 3 Division 1D;
AER wholesale market monitoring functions—the AER wholesale market monitoring functions are as set out in section 18C(1);
AER wholesale market reporting functions—the AER wholesale market reporting functions are as set out in section 18C(2);
annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;

application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law;
associate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 did not form part of that Act;
augmentation of a transmission or distribution system means work to enlarge the system or to increase its capacity to transmit or distribute electricity;
augmentation connection agreement means an agreement for connecting an augmentation to a declared shared network;
Australian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);
Note—
Before its change of name, AEMO was known as NEMMCO.
CDR data has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;
CDR provisions has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;
changeover date means 1 July 2009 or some other date fixed as the changeover date by Ministerial Gazette notice;
civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding;
civil penalty—see section 2AB;
civil penalty provision—see section 2AA(1);
conduct provision—see section 2AA(2);
connection service means a connection service within the meaning of the Rules;
constituent components, in relation to a relevant regulatory decision, means the matters that constitute the elements or components of the relevant regulatory decision and on which that relevant regulatory decision is based and includes—
(a)
matters that go to the making of the relevant regulatory decision; and
(b)
decisions made by the AER for the purposes of the relevant regulatory decision;
Court means—
(a)
where this Law applies as a law of the Commonwealth, the Federal Court;
(b)
where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction;
data holder has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;
derogation means a jurisdictional derogation or participant derogation;
declared network functions—AEMO's declared network functions are as set out in section 50C(1);
declared power system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;
declared shared network of an adoptive jurisdiction means the adoptive jurisdiction's declared transmission system excluding any part of it that is a connection asset within the meaning of the Rules;
declared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction and includes any augmentation of the defined declared transmission system;
declared transmission system operator of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;
designated energy sector means an energy sector designated under section 56AC of the Competition and Consumer Act 2010 of the Commonwealth;
direct control network service has the meaning given by section 2B;
Dispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute;
distribution determination means a determination of the AER under the Rules that regulates any 1 or more of the following:
(a)
the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a distribution system charges or may charge for those services;
(b)
the revenue an owner, controller or operator of a distribution system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules;
distribution reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a distribution system;
distribution service standard means a standard relating to the standard of services provided by a regulated distribution system operator by means of, or in connection with, a distribution system imposed—
(a)
by or under jurisdictional electricity legislation; or
(b)
by the AER in accordance with the Rules;
distribution system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or as forming part of, a distribution system and includes a regulated stand‑alone power system to the extent provided by the Rules;
distribution system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to—
(a)
the safe distribution of electricity in that jurisdiction; or
(b)
the safe operation of a distribution system in that jurisdiction;
draft Rule determination means a determination of the AEMC under section 99;
ECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia;
effective competition, for Part 3 Division 1A—see section 18B;
electricity contract, for Part 3 Division 1A—see section 18A;
electricity network service means a service provided by means of, or in connection with, a transmission system or distribution system;
electricity services means services that are necessary or incidental to the supply of electricity to consumers of electricity, including—
(a)
the generation of electricity;
(b)
electricity network services;
(c)
the sale of electricity;
end user means a person who acquires electricity for consumption purposes, and includes a retail customer;
Energy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited;
energy ombudsman has the same meaning as in the National Energy Retail Law;
Energy Security Board means the Board established by the MCE on 14 July 2017 to provide the MCE with advice for the purposes of—
(a)
whole‑of‑system oversight for energy security and reliability of the national electricity market; and
(b)
improving long‑term planning for the national electricity market;
Federal Court means the Federal Court of Australia;
final Rule determination means a determination of the AEMC under section 102;
financial risk management product, for Part 3 Division 1A—see section 18A;
form of regulation factors has the meaning given by section 2F;
general market information order means an order under section 53(1)(a) requiring information from persons of a class specified in the order;
general regulatory information order has the meaning given by section 28C;
initial National Electricity Rules means the National Electricity Rules made under section 90;
innovative trial principles—see section 7B;
interconnected national electricity system means the interconnected transmission and distribution system in this jurisdiction and in the other participating jurisdictions used to convey and control the conveyance of electricity to which are connected—
(a)
generating systems and other facilities; and
(b)
loads settled through the wholesale exchange operated and administered by AEMO under this Law and the Rules;
jurisdictional derogation means a Rule made at the request of a Minister of a participating jurisdiction that—
(a)
exempts, in a specified case or class of cases, a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, from complying with a provision, or a part of a provision, of the Rules in the participating jurisdiction to which the derogation relates; or
(b)
modifies or varies the application of a provision of the Rules (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to a person or a body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or a class of such a person or body, or AEMO, in the participating jurisdiction to which the derogation relates;
jurisdictional electricity legislation means an Act of a participating jurisdiction (other than national electricity legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the generation, transmission, distribution, supply or sale of electricity in that jurisdiction;
jurisdictional regulator means—
(a)
if this Law is applied as a law of the State of New South Wales—
(i)
the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or
(ii)
if the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER;
(b)
if this Law is applied as a law of the State of Victoria—
(i)
the Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria; or
(ii)
if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER;
(c)
if this Law is applied as a law of the State of Queensland—
(i)
the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or
(ii)
if the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER;
(d)
if this Law is applied as a law of the State of South Australia—
(i)
the Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia; or
(ii)
if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER;
(e)
if this Law is applied as a law of the Australian Capital Territory—
(i)
the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or
(ii)
if the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER;
(f)
if a person or body referred to in paragraphs (a) to (e) is abolished under an Act of a participating jurisdiction and another person or body is established under an Act of that participating jurisdiction with functions and powers that correspond to the functions and powers of the person or body referred to in paragraphs (a) to (e), that other person or body;
(g)
if the functions and powers of a person or body referred to in paragraphs (a) to (e) are transferred to another person or body established under an Act of the relevant participating jurisdiction, that other person or body;
(h)
any other person or body established under an Act of a participating jurisdiction that is prescribed by the Regulations as a jurisdictional regulator of that jurisdiction;
jurisdictional system security coordinator means a person appointed under section 110;
liable entity—see section 14D;
listed corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth;
market information instrument means a general market information order or a market information notice;
market information notice means a notice under section 53(1)(b) requiring information from the person to whom the notice is addressed;
market liquidity obligation means the obligation imposed by Rules made under Schedule 1 item 6G and includes matters related to the obligation;
market monitoring information notice, for Part 3 Division 1A—see section 18EC;
market monitoring information order, for Part 3 Division 1A—see section 18EC;
MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows:
(a)
1 Minister from the Commonwealth;
(b)
1 Minister from each State (totalling 6 Ministers);
(c)
1 Minister from each Territory (totalling 2 Ministers),
acting in accordance with its own procedures;
MCE directed review means a review conducted by the AEMC under Division 4 of Part 4;
MCE statement of policy principles means a statement of policy principles issued by the MCE under section 8;
Ministerial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE;
Ministerial pilot metering determination means a determination made under section 118B;
Ministerial smart metering determination means—
(b)
a Ministerial pilot metering determination;
Minister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 6;
monitored market, for Part 3 Division 1A—see section 18A;
National Electricity Code means the code of conduct called the National Electricity Code approved, in accordance with section 6(1) of the old National Electricity Law, as the initial Code for the purposes of that Law, and as amended from time to time in accordance with its terms and the old National Electricity Law;
national electricity legislation means—
(a)
the National Electricity (South Australia) Act 1996 of South Australia and Regulations in force under that Act; and
(b)
the National Electricity (South Australia) Law; and
(c)
an Act of a participating jurisdiction (other than South Australia) that applies, as a law of that jurisdiction, any part of—
(i)
the Regulations referred to in paragraph (a); or
(ii)
the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a); and
(d)
the National Electricity Law set out in the Schedule to the Act referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia); and
(e)
the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia);
national electricity market means—
(a)
the wholesale exchange operated and administered by AEMO under this Law and the Rules; and
(b)
the national electricity system;
national electricity objective means the objective set out in section 7;
National Electricity Rules or Rules means—
(a)
the initial National Electricity Rules; and
(ab)
additional Minister initiated Rules; and
(b)
Rules made by the AEMC under this Law, including Rules that amend or revoke—
(i)
the initial National Electricity Rules or additional Minister initiated Rules; or
(ii)
Rules made by it;
national electricity system means—
(a)
the generating systems and other facilities owned, controlled or operated in the participating jurisdictions connected to the interconnected national electricity system; and
(b)
the interconnected national electricity system; and
(c)
regulated stand‑alone power systems;
National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia;
National Energy Retail Rules has the same meaning as in the National Energy Retail Law;
National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia;
National Gas Rules has the same meaning as in the National Gas Law;
national transmission grid means the transmission systems that form part of the interconnected national electricity system;
National Transmission Planner means AEMO acting in the performance of NTP functions;
negotiated network service has the meaning given by section 2C;
NEMMCO means National Electricity Market Management Company Limited (ACN 072 010 327);
Note—
NEMMCO becomes AEMO (without change of corporate identity). A reference to NEMMCO is a reference to AEMO before its change of name.
network agreement means the agreement required by section 50D(1);
network revenue or pricing determination means a distribution determination or a transmission determination;
network service provider means a Registered participant registered for the purposes of section 11(2) that owns, controls or operates a transmission system or distribution system that forms part of the interconnected national electricity system or that owns, controls or operates a regulated stand‑alone power system;
network service provider performance report means a report prepared by the AER under section 28V;
network service user means a user who is provided with an electricity network service;
NTP functions means the functions described in section 49(2);
offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court;
officer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;
old National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time before the commencement of section 12 of the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia;
participant derogation means a Rule made at the request of a person who is conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant), or AEMO, that—
(a)
exempts, in a specified case or class of cases, that person or a class of person of which that person is a member, or AEMO, from complying with a provision, or a part of a provision, of the Rules, including a jurisdictional derogation; or
(b)
modifies or varies the application of a provision of the Rules, including a jurisdictional derogation, (with or without substitution of a provision of the Rules or a part of a provision of the Rules) to that person or class of person of which that person is a member, or AEMO;
participating jurisdiction means a jurisdiction that is a participating jurisdiction within the meaning of section 5;
power system security means the safe scheduling and dispatch, and operation and control, of the national electricity system (other than regulated stand‑alone power systems);
prospective network service user means a person who seeks or wishes to be provided with an electricity network service;
protected information has the meaning given by section 54(1);
rate of return instrument—see section 18I(2);
Registered participant means a person who is registered as such by AEMO under this Law and the Rules or is registered as such by AEMO otherwise in accordance with the Rules;
regulated distribution system operator means an owner, controller or operator of a distribution system—
(a)
who is a Registered participant; and
(b)
whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a distribution determination;
regulated network service provider means—
(a)
a regulated distribution system operator; or
(b)
a regulated transmission system operator;
regulated stand‑alone power system—see section 6B;
regulated transmission system operator means an owner, controller or operator of a transmission system—
(a)
who is a Registered participant; and
(b)
whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a transmission determination;
Regulations means the regulations made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia that apply as a law of this jurisdiction;

regulatory information instrument means a general regulatory information order or a regulatory information notice;
regulatory information notice has the meaning given by section 28D;
regulatory obligation or requirement has the meaning given by section 2D;
regulatory payment has the meaning given by section 2E;
relevant agreement, for Part 3 Division 1A—see section 18A;
relevant court means any court of this jurisdiction;
relevant regulatory decision means—
(a)
a network revenue or pricing determination that specifies a period to be a regulatory period for the purposes of the determination; or
(b)
any other determination (including a distribution determination or transmission determination) or decision of the AER that is prescribed by the Regulations to be a relevant regulatory decision,
but does not include a decision of the AER made under Part 3 Division 6;
reliability obligation civil penalty provision—see section 2AA(1a);
reliability obligations means the obligations that apply to a liable entity under sections 14P(1) and (3) and 14R(2);
Reliability Panel means the panel of persons established by the AEMC under section 38;
retail customer means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by the Rules for the purposes of this definition;
retailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of electricity;
Retailer Reliability Obligation means—
(a)
Part 2A of this Law; and
(b)
the provisions of the Rules that relate to Part 2A of this Law;
revenue and pricing principles means the principles set out in section 7A;
Rule dispute means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules;
shared network capability service means a service described in section 50D(1) as a shared network capability service;
shared transmission service means a service classified under the Rules as a shared transmission service;
smart meter amendments means the amendments to this Law made by section 5 of the National Electricity (South Australia) (Smart Meters) Amendment Act 2009 of South Australia;
statutory functions, in relation to AEMO, means functions or powers conferred under—
(a)
this Law or the Rules; or
(b)
the National Gas Law, the National Gas Rules, or related subordinate legislation;
superseded jurisdictional rules means—
(a)
legislation (including subordinate legislation) of a participating jurisdiction regulating the electricity industry in that jurisdiction that—
(i)
was in force immediately before the changeover date; and
(ii)
is superseded by the AEMO amendments; and
(b)
a licence condition governing the activities of the licensee in, or in relation to, an electricity market in a participating jurisdiction—
(i)
in force immediately before the changeover date; and
(ii)
superseded by the AEMO amendments; and
(c)
a guideline, code, standard or other instrument governing the operation or regulation of an electricity market in a participating jurisdiction—
(i)
made or issued by the jurisdictional regulator; and
(ii)
in force immediately before the changeover date; and
(iii)
superseded by the AEMO amendments;
Territory means the Australian Capital Territory or the Northern Territory;
transmission determination means a determination of the AER under the Rules that regulates any 1 or more of the following:
(a)
the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a transmission system charges or may charge for those services;
(b)
the revenue an owner, controller or operator of a transmission system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules;
transmission reliability standard means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a transmission system;
transmission service standard means a standard relating to the standard of services provided by a regulated transmission system operator by means of, or in connection with, a transmission system imposed—
(a)
by or under jurisdictional electricity legislation; or
(b)
by the AER in accordance with the Rules;
transmission system means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or forming part of, a transmission system;
transmission system safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to—
(a)
the safe transmission of electricity in that jurisdiction; or
(b)
the safe operation of a transmission system in that jurisdiction;
trial project means a project—
(a)
that—
(i)
the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or
(ii)
the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and
(b)
that tests an approach in relation to the supply of, or demand for, electricity;
trial Rule—see section 87;
trial waiver—see section 18ZL;
Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal;
VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments came into force;
wholesale electricity market means any wholesale market for electricity regulated under this Law and the Rules.
(2)
A reference in this Law to an end user includes a reference to a prospective end user.

2A—Meaning of access dispute

An access dispute is—
(a)
a dispute between a network service user (or prospective network service user) and a network service provider about an aspect of access to an electricity network service specified by the Rules to be an aspect to which Part 10 applies; or
(b)
without limiting paragraph (a)—a dispute between a retail customer (or other person specified by the Rules) and a regulated distribution system operator about an aspect of access to a connection service specified by the Rules to be an aspect to which Part 10 applies.
2AA—Meaning of civil penalty provision and conduct provision
(1)
A civil penalty provision is—
(a)
a provision of this Law specified in the Table at the foot of this subsection; or
(ba)
a reliability obligation civil penalty provision; or
(c)
a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision.

Table

Provision	Section heading
Section 11(1), (2), (3) and (4)	Electricity market activities in this jurisdiction
Section 14A	Regulated transmission system operator must comply with transmission determination
Section 14B	Regulated distribution system operator must comply with distribution determination
Section 14P(1) and (3)	Obligation to report net contract position
Section 18ZC(1) and (2)	Obligation of regulated entities to keep records
Section 18ZD	Obligation of regulated entities to provide information and data about compliance
Section 18ZF(1) and (3)	Compliance audits by regulated entities
Section 28N	Compliance with regulatory information notice that is served
Section 28O	Compliance with general regulatory information order
Section 50D(1)	Network agreement
Section 50F(1), (4) and (5)	Augmentation
Section 53C(3) and (4)	Compliance with market information instrument
Section 136	Compliance with access determination
Section 157(1)	Preventing or hindering access

(1a)
A reliability obligation civil penalty provision is section 14R(2).
(2)
A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision.
2AB—Civil penalty amounts for breaches of civil penalty provisions
(1)
Subject to this section, the civil penalty for a breach of a civil penalty provision is—
(a)
in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b), (c) or (d)—
(i)
if the breach is by a natural person—
(A)
an amount not exceeding $33 900; plus
(B)
an amount not exceeding $3 390 for every day during which the breach continues;
(ii)
if the breach is by a body corporate—
(A)
an amount not exceeding $170 000; plus
(B)
an amount not exceeding $17 000 for every day during which the breach continues; or
(b)
in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—
(i)
if the breach is by a natural person—
(A)
an amount not exceeding $287 000; plus
(B)
an amount not exceeding $14 400 for every day during which the breach continues;
(ii)
if the breach is by a body corporate—
(A)
an amount not exceeding $1 435 000; plus
(B)
an amount not exceeding $71 800 for every day during which the breach continues; or
(c)
in the case of a breach of a civil penalty provision prescribed by the Regulations for the purposes of this paragraph—
(i)
if the breach is by a natural person—an amount not exceeding $500 000;
(ii)
if the breach is by a body corporate—an amount not exceeding the greater of the following:
(A)
$10 000 000;
(B)
if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;
(C)
if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12‑month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision; or
(d)
in the case of a breach of a reliability obligation civil penalty provision—
(i)
if the breach is by a natural person—an amount not exceeding $1 435 000;
(ii)
if the breach is by a body corporate—
(A)
an amount not exceeding $1 435 000 for a breach that relates to a reliability gap period; or
(B)
an amount that applies under paragraph (c)(ii), as if the reliability obligation civil penalty provision were prescribed by the Regulations for the purposes of paragraph (c), for a breach that relates to a second or subsequent reliability gap period.
Note—
See section 67A, which deals with conduct that constitutes a breach of a reliability obligation civil penalty provision on 2 or more occasions in relation to the same reliability gap period.
Note—
See Schedule 2 clause 37A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website.
(2)
Subsection (1)(c)(ii)(B) or (C) will only apply in a particular case (including by operation of subsection (1)(d)(ii)(B)) if the AER, in applying for an order under section 61(2)(a), requests that those provisions be applied in that particular case.

2B—Meaning of direct control network service

A direct control network service is an electricity network service—
(a)
the Rules specify as a service the price for which, or the revenue to be earned from which, must be regulated under a distribution determination or transmission determination; or
(b)
if the Rules do not do so, the AER specifies, in a distribution determination or transmission determination, as a service the price for which, or the revenue to be earned from which, must be regulated under the distribution determination or transmission determination.

2C—Meaning of negotiated network service

A negotiated network service is an electricity network service—
(a)
that is not a direct control network service; and
(b)
that—
(i)
the Rules specify as a negotiated network service; or
(ii)
if the Rules do not do so, the AER specifies as a negotiated network service in a distribution determination or transmission determination.
2D—Meaning of regulatory obligation or requirement
(1)
A regulatory obligation or requirement is—
(a)
in relation to the provision of an electricity network service by a regulated network service provider—
(i)
a distribution system safety duty or transmission system safety duty; or
(ii)
a distribution reliability standard or transmission reliability standard; or
(iii)
a distribution service standard or transmission service standard; or
(b)
an obligation or requirement under—
(i)
this Law or Rules; or
(ia)
the National Energy Retail Law or the National Energy Retail Rules; or
(ii)
an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a regulated network service provider; or
(iii)
an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a regulated network service provider; or
(iv)
an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or
(v)
an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national electricity legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv)), that materially affects the provision, by a regulated network service provider, of electricity network services that are the subject of a distribution determination or transmission determination.
(2)
A regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation—
(a)
for a breach of—
(i)
a distribution system safety duty or transmission system safety duty; or
(ii)
a distribution reliability standard or transmission reliability standard; or
(iii)
a distribution service standard or transmission service standard; or
(b)
under this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules or an Act or an instrument referred to in subsection (1)(b)(ii) to (v).
Notes—
1
See also section 7A(2)(b).
2
The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.

2E—Meaning of regulatory payment

A regulatory payment is a sum that a regulated network service provider has been required or allowed to pay to a network service user or an end user for a breach of, as the case requires—
(a)
a distribution reliability standard or transmission reliability standard; or
(b)
a distribution service standard or transmission service standard,
because it was efficient for the regulated network service provider (in terms of the provider's overall business) to pay that sum.
Note—
See also section 7A(2)(b).

2F—Form of regulation factors

The form of regulation factors are—
(a)
the presence and extent of any barriers to entry in a market for electricity network services;
(b)
the presence and extent of any network externalities (that is, interdependencies) between an electricity network service provided by a network service provider and any other electricity network service provided by the network service provider;
(c)
the presence and extent of any network externalities (that is, interdependencies) between an electricity network service provided by a network service provider and any other service provided by the network service provider in any other market;
(d)
the extent to which any market power possessed by a network service provider is, or is likely to be, mitigated by any countervailing market power possessed by a network service user or prospective network service user;
(e)
the presence and extent of any substitute, and the elasticity of demand, in a market for an electricity network service in which a network service provider provides that service;
(f)
the presence and extent of any substitute for, and the elasticity of demand in a market for, electricity or gas (as the case may be);
(g)
the extent to which there is information available to a prospective network service user or network service user, and whether that information is adequate, to enable the prospective network service user or network service user to negotiate on an informed basis with a network service provider for the provision of an electricity network service to them by the network service provider.

2G—Related bodies corporate

For the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth.

3—Interpretation generally

Schedule 2 to this Law applies to this Law, the Regulations and the Rules and any other statutory instrument made under this Law.

4—Savings and transitionals

Schedule 3 to this Law has effect.

5—Participating jurisdictions

(1)
The following jurisdictions are participating jurisdictions for the purposes of this Law—
(a)
the State of South Australia; and
(b)
the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law).
(2)
If a law of a participating jurisdiction referred to in subsection (1)(b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction.
(3)
If, at any time, all participating jurisdictions agree that a specified jurisdiction will cease to be a participating jurisdiction on a specified date, the jurisdiction ceases to be a participating jurisdiction on that date.
(4)
A notice must be published in the South Australian Government Gazette of the date on which a jurisdiction ceases to be a participating jurisdiction under subsection (2) or (3).
(5)
If the legislature of a participating jurisdiction enacts a law that, in the unanimous opinion of the Ministers of the other participating jurisdictions, is inconsistent with this Law, those other participating jurisdictions may give notice to the Minister of the first-mentioned participating jurisdiction to the effect that, if the inconsistent law remains in force as an inconsistent law for more than 6 months after the notice is given, the other participating jurisdictions may declare that the jurisdiction has ceased to be a participating jurisdiction.
(6)
A jurisdiction ceases to be a participating jurisdiction on publication in the South Australian Government Gazette of a declaration made by the Ministers of the other participating jurisdictions in accordance with subsection (5).

6—Ministers of participating jurisdictions

(1)
The Ministers of the participating jurisdictions are—
(a)
the Minister of the Crown in right of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia; and
(b)
the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Electricity (South Australia) Act 1996 of South Australia or by some other law).

6A—Nominated distributors

(1)
The regulations under the application Act of a participating jurisdiction (a local regulation) may—
(a)
nominate an entity, being an entity that is licensed or otherwise authorised under the jurisdictional electricity legislation of that jurisdiction to operate a distribution system but that is not a regulated distribution system operator (within the meaning of this Law) in respect of that distribution system, as an entity to which this section applies (the nominated distributor); and

(b)
apply to the nominated distributor specified provisions of the Rules that relate to the following matters:
(i)
the provision of connection services to retail customers;
(ii)
retail support obligations between regulated distribution system operators and retailers;
(iii)
credit support arrangements between regulated distribution system operators and retailers.
(2)
The application of any such specified provisions of the Rules to the nominated distributor is subject to such modifications as may be specified in the local regulation.
(3)
The nominated distributor—
(a)
must comply with the Rules to the extent that the Rules are applied by the local regulation to the nominated distributor; and
(b)
may, to the extent that the Rules apply to the nominated distributor, be proceeded against under this Law for any breach of those Rules.
(4)
A nomination of an entity by a local regulation may be made for—
(a)
the whole or a specified part of the geographical area of a jurisdiction; or
(b)
the whole or a specified part of a distribution system that is owned, controlled or operated by the entity,
or for both.
(5)
The Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.

6B—Regulated stand‑alone power systems

(1)
The regulations under the application Act of a participating jurisdiction (a local regulation) may provide that the following form part of the national electricity system (a regulated stand‑alone power system):
(a)
a particular stand‑alone power system, which consists of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by a regulated distribution system operator;
(b)
a stand‑alone power system, which consists of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by a regulated distribution system operator, that belongs to a particular class of stand‑alone power systems.
(2)
Without limiting subsection (1), the local regulation may provide that a particular stand‑alone power system, or a class of stand‑alone power systems, forms part of the national electricity system by reference to—
(a)
the particular geographic area in which the stand‑alone power system, or class of stand‑alone power systems, is or will be located; or
(b)
the regulated distribution system operator that owns, controls or operates, or proposes to own, control or operate, the stand‑alone power system or class of stand‑alone power systems; or
(c)
whether the stand‑alone power system, or class of stand‑alone power systems, complies with any requirements specified by the Rules.
(3)
The local regulation may modify the application of a specified provision of this Law or the Rules for and with respect to a regulated stand‑alone power system or a class of regulated stand‑alone power systems.
(4)
A regulated distribution system operator that owns, controls or operates a regulated stand‑alone power system—
(a)
must comply with the Rules to the extent that the Rules are applied by the local regulation to the regulated stand‑alone power system; and
(b)
may, to the extent that the Rules apply to the regulated stand‑alone power system, be proceeded against under this Law for any breach of those Rules.
(5)
The Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local regulation referred to in this section is made is to make arrangements for notice of the making and publication of the regulation to be published for information in the South Australian Government Gazette.
(6)
In this section—
stand‑alone power system means a system that—
(a)
generates and distributes electricity; and
(b)
does not form part of the interconnected national electricity system.

7—National electricity objective

The objective of this Law is to promote efficient investment in, and efficient operation and use of, electricity services for the long term interests of consumers of electricity with respect to—
(a)
price, quality, safety, reliability and security of supply of electricity; and
(b)
the reliability, safety and security of the national electricity system; and
(c)
the achievement of targets set by a participating jurisdiction—
(i)
for reducing Australia's greenhouse gas emissions; or
(ii)
that are likely to contribute to reducing Australia's greenhouse gas emissions.
Note—
The AEMC must publish targets in a targets statement: see section 32A.
7AA—Regulations may prescribe matters for national electricity objective
Without limiting Part 4 of the National Electricity (South Australia) Act 1996 of South Australia, the Regulations may make provision about a matter relating to the achievement of targets mentioned in section 7(c) of this Law.

7A—Revenue and pricing principles

(1)
The revenue and pricing principles are the principles set out in subsections (2) to (7).
(2)
A regulated network service provider should be provided with a reasonable opportunity to recover at least the efficient costs the operator incurs in—
(a)
providing direct control network services; and
(b)
complying with a regulatory obligation or requirement or making a regulatory payment.
(3)
A regulated network service provider should be provided with effective incentives in order to promote economic efficiency with respect to direct control network services the operator provides. The economic efficiency that should be promoted includes—
(a)
efficient investment in a distribution system or transmission system with which the operator provides direct control network services; and
(b)
the efficient provision of electricity network services; and
(c)
the efficient use of the distribution system or transmission system with which the operator provides direct control network services.
(4)
Regard should be had to the regulatory asset base with respect to a distribution system or transmission system adopted—
(a)
in any previous—
(i)
as the case requires, distribution determination or transmission determination; or
(ii)
determination or decision under the National Electricity Code or jurisdictional electricity legislation regulating the revenue earned, or prices charged, by a person providing services by means of that distribution system or transmission system; or
(b)
in the Rules.
(5)
A price or charge for the provision of a direct control network service should allow for a return commensurate with the regulatory and commercial risks involved in providing the direct control network service to which that price or charge relates.
(6)
Regard should be had to the economic costs and risks of the potential for under and over investment by a regulated network service provider in, as the case requires, a distribution system or transmission system with which the operator provides direct control network services.
(7)
Regard should be had to the economic costs and risks of the potential for under and over utilisation of a distribution system or transmission system with which a regulated network service provider provides direct control network services.

7B—Innovative trial principles

The following principles (the innovative trial principles) must be taken into account in determining whether a trial project is genuinely innovative in connection with granting a trial waiver or making a trial Rule relating to a trial project:
(a)
whether the trial project is focused on developing new or materially improved approaches to the use or supply of, or demand for, electricity;
(b)
whether the trial project is likely to contribute to the achievement of the national electricity objective;
(c)
whether the trial project is able to demonstrate a reasonable prospect of giving rise to materially improved services and outcomes for consumers of electricity;
(d)
whether the trial project maintains adequate consumer protections, including whether the trial project may involve risks to consumers and (if so), how those risks might be mitigated;
(e)
whether the trial project is unable to proceed under the existing regulatory framework;
(f)
whether the trial project has moved beyond research and development stages but is not yet established, or of sufficient maturity, size or otherwise commercially ready, to attract investment;
(g)
whether the trial project may negatively impact AEMO's operation of the national electricity system and national electricity market and, if there are impacts, how those impacts can be mitigated;
(h)
whether the trial project may impact on competition in a competitive sector of the national electricity market;
(i)
any other principle prescribed by the Regulations.

8—MCE statements of policy principles

(1)
Subject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the exercise and performance by the AEMC of its functions and powers in—
(a)
making a Rule; or
(b)
conducting a review under section 45.
(2)
Before issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national electricity objective.
(3)
As soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC.
(4)
The AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement.

9—National Electricity Rules to have force of law

The National Electricity Rules have the force of law in this jurisdiction.
10—Application of this Law and Regulations to coastal waters of this jurisdiction
(1)
This Law and the Regulations apply in the coastal waters of this jurisdiction.
Note—
The Rules apply in this jurisdiction by operation of this Law.
(2)
In this section—
adjacent area has the same meaning as in the Petroleum (Submerged Lands) Act 1967 of the Commonwealth;
coastal waters of this jurisdiction means any sea that is on the landward side of the adjacent area of this jurisdiction but is not within the limits of this jurisdiction.

10A—Corporations Act displacement

(1)
The Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.
(2)
In this section—
relevant provision means a provision of the Rules that relates to any of the following:
(a)
the application by AEMO of money in any security deposit fund;
(b)
the functions of AEMO under procedures relating to defaults by retailers;
(c)
the application (or drawing on) of credit support held by a regulated distribution system operator in respect of a retailer who is the subject of a RoLR event within the meaning of Part 6 of the National Energy Retail Law.
Part 2—Participation in the National Electricity Market

Division 1—Registration

11—Electricity market activities in this jurisdiction
(1)
A person must not engage in the activity of owning, controlling or operating, in this jurisdiction, a generating system connected to the interconnected national electricity system or directly or indirectly connected to a regulated stand‑alone power system unless—
(a)
the person is a Registered participant in relation to that activity; or
(b)
the person is the subject of a derogation that exempts the person, or is otherwise exempted by AEMO, from the requirement to be a Registered participant in relation to that activity under this Law and the Rules.
Note—
Subsection (1) is a civil penalty provision: See the definition of "civil penalty provision" in section 2AA(1).
(2)
A person must not engage in the activity of owning, controlling or operating, in this jurisdiction, a transmission system or distribution system that forms part of the interconnected national electricity system or that forms part of, or is directly or indirectly connected to, a regulated stand‑alone power system unless—
(a)
the person is a Registered participant in relation to that activity; or
(b)
the person is the subject of a derogation that exempts the person, or is otherwise exempted by the AER, from the requirement to be a Registered participant in relation to that activity under this Law and the Rules.
Note—
Subsection (2) is a civil penalty provision: See the definition of "civil penalty provision" in section 2AA(1).
(3)
A person, other than AEMO, must not engage in the activity of operating or administering, in this jurisdiction, a wholesale exchange for electricity.
Note—
Subsection (3) is a civil penalty provision: See the definition of "civil penalty provision" in section 2AA(1).
(4)
A person must not engage in, in this jurisdiction, the activity of purchasing electricity directly through a wholesale exchange unless—
(a)
the person is a Registered participant in relation to that activity; or
(b)
the person is the subject of a derogation that exempts the person, or is otherwise exempted by AEMO, from the requirement to be a Registered participant in relation to that activity under this Law and the Rules.
Note—
Subsection (4) is a civil penalty provision: See the definition of "civil penalty provision" in section 2AA(1).
12—Registration or exemption of persons participating in national electricity market
(1)
A person engaged or proposing to engage in an activity referred to in section 11(1), (2) or (4) may request AEMO to register that person as a Registered participant in relation to that activity for the purposes of this Law and the Rules.
(2)
A person engaged or proposing to engage in an activity referred to in section 11(1) or (4) may request AEMO to exempt that person from registering as a Registered participant in relation to that activity for the purposes of this Law and the Rules.
(3)
A request under subsection (1) or (2) must be in accordance with the Rules.
(4)
On receipt of a request under subsection (1) to be registered as a Registered participant, AEMO may, subject to the Rules, register the person in such categories of registration as are specified in the Rules.
(5)
On receipt of a request under subsection (2) to be exempted from being registered as a Registered participant, AEMO may, subject to the Rules, grant the person the exemption.
(6)
Registration as a Registered participant under subsection (4) or an exemption granted under subsection (5) may be subject to such terms and conditions as AEMO considers appropriate in accordance with the Rules.
13—Exemptions for transmission system or distribution system owners, controllers and operators
(1)
A person engaged or proposing to engage in the activity referred to in section 11(2) may request the AER to exempt that person from registering as a Registered participant in relation to that activity for the purposes of this Law and the Rules.
(2)
A request under subsection (1) must be in accordance with the Rules.
(3)
On receipt of a request under subsection (1), the AER may, subject to the Rules, grant the person the exemption.
(4)
An exemption granted under subsection (3) may be subject to such terms and conditions as the AER considers appropriate in accordance with the Rules.

14—Evidence of registration or exemption

(1)
A certificate signed by an authorised officer certifying that a person named in the certificate is a Registered participant, or has been granted an exemption from registration under section 12 or 13 is evidence of the registration or exemption.
Note—
A certificate may be in respect of a Registered participant registered in accordance with section 12 and the Rules, or in accordance with the Rules alone.
(2)
In this section—
authorised officer means—
(a)
for issuing a certificate that a person is a Registered participant or exempted from registration under section 12—AEMO's CEO or a person authorised by AEMO's CEO to issue certificates under this section; or
(b)
for issuing a certificate that a person is exempted from registration under section 13—a member of the AER.

Division 2—Regulated network service providers

14A—Regulated transmission system operator must comply with transmission determination
A regulated transmission system operator must comply with a transmission determination that applies to the electricity network services provided by that operator.
Note—
Section 14A is a civil penalty provision: See the definition of civil penalty provision in section 2AA(1).
14B—Regulated distribution system operator must comply with distribution determination
A regulated distribution system operator must comply with a distribution determination that applies to the electricity network services provided by that operator.
Note—
Section 14B is a civil penalty provision: See the definition of civil penalty provision in section 2AA(1).

Part 2A—Retailer Reliability Obligation

Division 1—General

14C—Definitions

In this Part—
contract position day—see section 14K(4)(b)(i);
forecast reliability gap—see section 14G(1);
forecast reliability gap period—see section 14G(2);
Ministerial reliability gap and Ministerial reliability gap period—see section 14JA(1)(b);
net contract position—see section 14O(3);
one‑in‑two year peak demand forecast, for a region during a specified period, means the peak demand forecast in accordance with the Rules—
(a)
to occur for the region during the period; and
(b)
where the likelihood is that the forecast amount will be exceeded once in any two‑year period;
peak demand, for a period in a region, means the maximum electricity demanded, in megawatts, in the region during the period, determined in accordance with the Rules;
region means a region of the national electricity market determined under the Rules;
reliability gap period, in relation to a T‑1 reliability instrument, means the forecast reliability gap period stated in the instrument;
reliability instrument means a T‑3 reliability instrument or a T‑1 reliability instrument;
reporting day—see section 14K(4)(b)(ii);
T‑1 cut‑off day—see section 14G(4);
T‑1 reliability instrument means a reliability instrument for a forecast reliability gap made by the AER under section 14K that relates to the T‑1 cut‑off day for the forecast reliability gap;
T‑3 cut‑off day—see section 14G(3);
T‑3 reliability instrument means—
(a)
a reliability instrument for a forecast reliability gap made by the AER under section 14K that relates to the T‑3 cut‑off day for the forecast reliability gap; or
(b)
a reliability instrument for a Ministerial reliability gap period made by a Minister of a participating jurisdiction under section 14JA;
trading interval means a period prescribed by the Rules to be a trading interval for the wholesale exchange;
wholesale exchange means the wholesale exchange for electricity operated and administered by AEMO under this Law and the Rules.

14D—Meaning of liable entity for a region

(1)
Each of the following is a liable entity for a region:
(a)
a person who is a Registered participant mentioned in section 11(4)(a);
(b)
a person mentioned in section 11(4)(b) prescribed by the Rules to be a liable entity for the reliability obligations;
(c)
another person who has elected, under section 14E, to assume responsibility for the reliability obligations of a person mentioned in paragraph (a).
(2)
However, a person mentioned in subsection (1)(a) is not a liable entity for a region—
(a)
if the person is a Registered participant mentioned in subsection (1)(a) who is prescribed by the Rules not to be a liable entity for the reliability obligations; or
(b)
to the extent a person mentioned in subsection (1)(c) has elected to assume the person's responsibility for the reliability obligations for the region.
14E—Process for non‑liable persons to opt in to reliability obligations
(1)
This section applies to a person—
(a)
if—
(i)
the person purchases electricity supplied in a region from a liable entity; and
(ii)
the person's annual consumption of electricity is more than the threshold prescribed by the Rules for this section; or
(b)
prescribed by the Rules to be eligible to make an election under this section.
(2)
The person may elect to assume all or some of the liable entity's responsibility for the reliability obligations in relation to the electricity purchased for the period stated in the election.

inserted by 31/2009 s 7(2)	1.7.2009
Australian Energy Regulator	deleted by 53/2007 s 5(3)	1.1.2008
CDR data	inserted by 16/2022 s 4(1)	3.11.2022
CDR provisions	inserted by 16/2022 s 4(1)	3.11.2022
changeover date	inserted by 31/2009 s 7(2)	1.7.2009
civil monetary liability	inserted by 31/2009 s 7(2)	1.7.2009
civil penalty	inserted by 7/2011 s 5(2)	1.7.2012
amended by 10/2019 s 5(2), (3)	1.7.2019
substituted by 37/2020 s 4(2)	29.1.2021
civil penalty provision	inserted by 7/2011 s 5(2)	1.7.2012
conduct provision	inserted by 7/2011 s 5(2)	1.7.2012
connection service	inserted by 7/2011 s 5(2)	1.7.2012
constituent components	inserted by 79/2013 s 4(1)	19.12.2013
amended by 3/2021 s 5(1)	15.4.2021
data holder	inserted by 16/2022 s 4(2)	3.11.2022
declared network functions	inserted by 31/2009 s 7(2)	1.7.2009
declared power system	inserted by 31/2009 s 7(2)	1.7.2009
declared shared network	inserted by 31/2009 s 7(2)	1.7.2009
declared transmission system	inserted by 31/2009 s 7(2)	1.7.2009
declared transmission system operator	inserted by 31/2009 s 7(2)	1.7.2009
designated energy sector	inserted by 16/2022 s 4(3)	3.11.2022
direct control network service	inserted by 53/2007 s 5(4)	1.1.2008
Dispute resolution panel	inserted by 31/2009 s 7(2)	1.7.2009
distribution determination	inserted by 53/2007 s 5(4)	1.1.2008
distribution reliability standard	inserted by 53/2007 s 5(4)	1.1.2008
distribution service standard	inserted by 53/2007 s 5(4)	1.1.2008
distribution system	inserted by 53/2007 s 5(27)	1.1.2008
amended by 9/2021 s 4(1)	20.5.2021
distribution system safety duty	inserted by 53/2007 s 5(4)	1.1.2008
amended by 31/2009 s 7(4)	1.7.2009
ECA amendments	inserted by 21/2014 s 21(2)	30.1.2015
effective competition	inserted by 12/2024 s 4(1)	8.5.2024
electricity contract	inserted by 12/2024 s 4(1)	8.5.2024
electricity network service	inserted by 53/2007 s 5(5)	1.1.2008
electricity services	amended by 53/2007 s 5(6)	1.1.2008
end user	inserted by 53/2007 s 5(7)	1.1.2008
substituted by 7/2011 s 5(3)	1.7.2012
Energy Consumers Australia or ECA	inserted by 21/2014 s 21(3)	30.1.2015
energy ombudsman	inserted by 7/2011 s 5(2)	1.7.2012
Energy Security Board	inserted by 12/2018 s 4(2)	20.9.2018
financial risk management product	inserted by 12/2024 s 4(2)	8.5.2024
form of regulation factors	inserted by 53/2007 s 5(8)	1.1.2008
general market information order	inserted by 31/2009 s 7(2)	1.7.2009
general regulatory information order	inserted by 53/2007 s 5(8)	1.1.2008
innovative trial principles	inserted by 22/2022 s 4(2)	8.12.2022
interconnected national electricity system	inserted by 53/2007 s 5(9)	1.1.2008
amended by 31/2009 s 7(6)	1.7.2009
jurisdictional derogation	amended by 31/2009 s 7(6)	1.7.2009
jurisdictional electricity legislation	substituted by 53/2007 s 5(10)	1.1.2008
jurisdictional regulator	amended by 53/2007 s 5(11)	1.1.2008
liable entity	inserted by 10/2019 s 5(4)	1.7.2019
listed corporation	inserted by 37/2020 s 4(3)	29.1.2021
market information instrument	inserted by 31/2009 s 7(2)	1.7.2009
market information notice	inserted by 31/2009 s 7(2)	1.7.2009
market liquidity obligation	inserted by 10/2019 s 5(5)	1.7.2019
market monitoring information notice	inserted by 12/2024 s 4(3)	8.5.2024
market monitoring information order	inserted by 12/2024 s 4(3)	8.5.2024
MCE	substituted by 3/2021 s 5(2)	15.4.2021
MCE directed review	inserted by 53/2007 s 5(12)	1.1.2008
Ministerial Gazette notice	inserted by 31/2009 s 7(2)	1.7.2009
Ministerial pilot metering determination	inserted by 54/2009 s 4(2)	1.1.2010
Ministerial smart metering determination	inserted by 54/2009 s 4(2)	1.1.2010
(a) deleted by 69/2013 s 4(1)	28.11.2013
Ministerial smart meter rollout determination	inserted by 54/2009 s 4(2)	1.1.2010
deleted by 69/2013 s 4(2)	28.11.2013
monitored market	inserted by 12/2024 s 4(4)	8.5.2024
national electricity market	amended by 31/2009 s 7(6)	1.7.2009
national electricity market objective	substituted by 53/2007 s 5(13)	1.1.2008
National Electricity Rules	amended by 53/2007 s 5(14)	1.1.2008
national electricity system	amended by 53/2007 s 5(15)	1.1.2008
amended by 9/2021 s 4(2)	20.5.2021
National Energy Retail Law	inserted by 7/2011 s 5(2)	1.7.2012
National Energy Retail Rules	inserted by 7/2011 s 5(2)	1.7.2012
National Gas Law	inserted by 7/2011 s 5(2)	1.7.2012
National Gas Rules	inserted by 7/2011 s 5(2)	1.7.2012
national transmission grid	inserted by 31/2009 s 7(2)	1.7.2009
National Transmission Planner	inserted by 31/2009 s 7(2)	1.7.2009
negotiated network service	inserted by 53/2007 s 5(16)	1.1.2008
NEMMCO	deleted by 31/2009 s 7(1)	1.7.2009
inserted by 31/2009 s 7(2)	1.7.2009
network agreement	inserted by 31/2009 s 7(2)	1.7.2009
network revenue or pricing determination	inserted by 53/2007 s 5(17)	1.1.2008
network service provider	inserted by 53/2007 s 5(17)	1.1.2008
amended by 9/2021 s 4(3)	20.5.2021
network service provider performance report	inserted by 53/2007 s 5(17)	1.1.2008
network service user	inserted by 53/2007 s 5(17)	1.1.2008
NTP functions	inserted by 31/2009 s 7(2)	1.7.2009
offence provision	substituted by 53/2007 s 5(18)	1.1.2008
officer	inserted by 53/2007 s 5(18)	1.1.2008
participant derogation	amended by 31/2009 s 7(6)	1.7.2009
power system security	amended by 9/2021 s 4(4)	20.5.2021
prospective network service user	inserted by 53/2007 s 5(19)	1.1.2008
protected information	inserted by 31/2009 s 7(2)	1.7.2009
rate of return instrument	inserted by 33/2018 s 4(2)	13.12.2018
rebidding civil penalty provision	inserted by 7/2011 s 5(2)	1.7.2012
deleted by 37/2020 s 4(4)	29.1.2021
recognised energy industry ombudsman	inserted by 31/2009 s 7(2)	1.7.2009
deleted by 7/2011 s 5(4)	1.7.2012
Registered participant	amended by 31/2009 s 7(6)	1.7.2009
regulated distribution system operator	inserted by 53/2007 s 5(20)	1.1.2008
regulated network service provider	inserted by 53/2007 s 5(20)	1.1.2008
regulated stand-alone power system	inserted by 9/2021 s 4(5)	20.5.2021
regulated transmission system operator	amended by 53/2007 s 5(21)	1.1.2008
regulatory information instrument	inserted by 53/2007 s 5(22)	1.1.2008
regulatory information notice	inserted by 53/2007 s 5(22)	1.1.2008
regulator obligation	deleted by 53/2007 s 5(22)	1.1.2008
regulatory obligation or requirement	inserted by 53/2007 s 5(22)	1.1.2008
regulatory payment	inserted by 53/2007 s 5(22)	1.1.2008
relevant agreement	inserted by 12/2024 s 4(5)	8.5.2024
relevant participant	amended by 31/2009 s 7(6)	1.7.2009
deleted by 7/2011 s 5(4)	1.7.2012
relevant regulatory decision	inserted by 3/2021 s 5(3)	15.4.2021
reliability obligation civil penalty provision	inserted by 10/2019 s 5(6)	1.7.2019
reliability obligations	inserted by 10/2019 s 5(6)	1.7.2019
retail customer	inserted by 7/2011 s 5(2)	1.7.2012
retailer	inserted by 7/2011 s 5(2)	1.7.2012
Retailer Reliability Obligation	inserted by 10/2019 s 5(7)	1.7.2019
revenue and pricing principles	inserted by 53/2007 s 5(23)	1.1.2008
reviewable regulatory decision	inserted by 79/2013 s 4(2)	19.12.2013
deleted by 3/2021 s 5(4)	15.4.2021
Rule dispute	inserted by 7/2011 s 5(2)	1.7.2012
shared network capability service	inserted by 31/2009 s 7(2)	1.7.2009
shared transmission service	inserted by 31/2009 s 7(2)	1.7.2009
smart meter amendments	inserted by 54/2009 s 4(3)	1.1.2010
statutory functions	inserted by 31/2009 s 7(2)	1.7.2009
superseded jurisdictional rules	inserted by 31/2009 s 7(2)	1.7.2009
Territory	inserted by 3/2021 s 5(5)	15.4.2021
transmission determination	substituted by 53/2007 s 5(24)	1.1.2008
transmission service standard	amended by 53/2007 s 5(25)	1.1.2008
transmission system	inserted by 53/2007 s 5(28)	1.1.2008
transmission system safety duty	inserted by 53/2007 s 5(26)	1.1.2008
amended by 31/2009 s 7(5)	1.7.2009
trial project	inserted by 22/2022 s 4(3)	8.12.2022
trial Rule	inserted by 22/2022 s 4(3)	8.12.2022
trial waiver	inserted by 22/2022 s 4(3)	8.12.2022
Tribunal	inserted by 53/2007 s 5(26)	1.1.2008
amended by 7/2011 Sch 1	1.7.2012
user or consumer association	inserted by 79/2013 s 4(3)	19.12.2013
deleted by 21/2022 s 4	2.3.2023
user or consumer interest group	inserted by 79/2013 s 4(3)	19.12.2013
deleted by 21/2022 s 4	2.3.2023
VENCorp	inserted by 31/2009 s 7(2)	1.7.2009
wholesale electricity market	inserted by 56/2016 s 5	15.12.2016
s 2(2)	inserted by 7/2011 s 5(5)	1.7.2012
s 2A	inserted by 53/2007 s 6	1.1.2008
substituted by 7/2011 s 6	1.7.2012
s 2AA	inserted by 7/2011 s 7	1.7.2012
s 2AA(1)	amended by 10/2019 s 6(1), (2)	1.7.2019
(b) deleted by 37/2020 s 5	29.1.2021
s 2AA(1a)	inserted by 10/2019 s 6(3)	1.7.2019
s 2AB	inserted by 37/2020 s 6	29.1.2021
ss 2B and 2C	inserted by 53/2007 s 6	1.1.2008
s 2D	inserted by 53/2007 s 6	1.1.2008
s 2D(1)	amended by 7/2011 s 8(1)	1.7.2012
s 2D(2)	amended by 7/2011 s 8(2)	1.7.2012
note substituted by 7/2011 s 8(3)	1.7.2012
ss 2E—2F	inserted by 53/2007 s 6	1.1.2008
s 2G	inserted by 37/2020 s 7	29.1.2021
s 5
s 5(1)	amended by 3/2021 s 6(1)	15.4.2021
s 5(2)	substituted by 3/2021 s 6(2)	15.4.2021
s 6
s 6(1)	amended by 3/2021 s 7	15.4.2021
s 6(2) and (3)	deleted by 53/2007 s 7	1.1.2008
s 6A	inserted by 7/2011 s 9	1.7.2012
s 6B	inserted by 9/2021 s 5	20.5.2021
s 7	substituted by 53/2007 s 8	1.1.2008
amended by 26/2023 s 4	21.9.2023
s 7AA	inserted by 26/2023 s 5	21.9.2023
s 7A	inserted by 53/2007 s 8	1.1.2008
s 7B	inserted by 22/2022 s 5	8.12.2022
s 8
s 8(1)	amended by 53/2007 s 9(1)	1.1.2008
s 8(2)	amended by 53/2007 s 9(2)	1.1.2008
s 10A	inserted by 7/2011 s 10	1.7.2012
Pt 2
Pt 2 Div 1	heading inserted by 53/2007 s 10	1.1.2008
s 11
s 11(1)	amended by 53/2007 s 11(1)	1.1.2008
amended by 31/2009 s 8	1.7.2009
note amended by 7/2011 s 11	1.7.2012
amended by 9/2021 s 6(1)	20.5.2021
s 11(2)	amended by 53/2007 s 11(2)	1.1.2008
note amended by 7/2011 s 11	1.7.2012
amended by 9/2021 s 6(2)	20.5.2021
s 11(3)	amended by 53/2007 s 11(3)	1.1.2008
amended by 31/2009 s 8	1.7.2009
note amended by 7/2011 s 11	1.7.2012
s 11(4)	amended by 53/2007 s 11(4)	1.1.2008
amended by 31/2009 s 8	1.7.2009
note amended by 7/2011 s 11	1.7.2012
s 12
s 12(1), (2), (4)—(6)	amended by 31/2009 s 9	1.7.2009
s 14	substituted by 31/2009 s 10	1.7.2009
Pt 2 Div 2	inserted by 53/2007 s 12	1.1.2008
s 14A	note amended by 7/2011 s 12	1.7.2012
s 14B	note amended by 7/2011 s 13	1.7.2012
Pt 2A	inserted by 10/2019 s 7	1.7.2019
s 14C
Ministerial reliability gap and Ministerial reliability gap period	inserted by 8/2023 s 5(1)	14.4.2023
T-3 reliability instrument	substituted by 8/2023 s 5(2)	14.4.2023
s 14G
s 14G(1)	amended by 8/2023 s 6(1)	14.4.2023
s 14G(2)	amended by 8/2023 s 6(2)	14.4.2023
s 14H
s 14H(2)	amended by 8/2023 s 7(1)	14.4.2023
s 14H(3)	amended by 8/2023 s 7(2)	14.4.2023
s 14H(4)	inserted by 8/2023 s 7(3)	14.4.2023
s 14I
s 14I(3)	amended by 8/2023 s 8	14.4.2023
s 14JA	inserted by 8/2023 s 9	14.4.2023
s 14K
s 14K(1)	amended by 8/2023 s 10	14.4.2023
Pt 3
Pt 3 Div 1
s 15
s 15(1)	s 15 amended and redesignated as s 15(1) by 53/2007 s 13(1)—(6)	1.1.2008
amended by 31/2009 s 11(1)	1.7.2009
amended by 7/2011 s 14, Sch 1	1.7.2012
amended by 56/2016 s 5	15.12.2016
amended by 33/2018 s 5	13.12.2018
amended by 10/2019 s 8	1.7.2019
amended by 9/2021 s 7	20.5.2021
amended by 22/2022 s 6(1), (2)	8.12.2022
s 15(2)	inserted by 53/2007 s 13(6)	1.1.2008
s 15(3)	inserted by 31/2009 s 11(2)	1.7.2009
s 16	substituted by 53/2007 s 14	1.1.2008
s 16(1)	amended by 31/2009 s 12	1.7.2009
amended by 79/2013 s 5	19.12.2013
amended by 3/2021 s 8(1)	15.4.2021
(d) deleted by 3/2021 s 8(2)	15.4.2021
s 16(2)	amended by 7/2011 s 15	1.7.2012
s 16(4)
user or consumer association	inserted by 21/2022 s 5	2.3.2023
user or consumer interest group	inserted by 21/2022 s 5	2.3.2023
s 17	amended by 7/2011 Sch 1	1.7.2012
s 18	substituted by 53/2007 s 15	1.1.2008
amended by 7/2011 Sch 1	1.7.2012
Pt 3 Div 1A	inserted by 56/2016 s 6	15.12.2016 except s 18D(1)(b), (2)—(6)—13.12.2018
Pt 3 Div 1A Subdiv 1	heading inserted by 12/2024 s 5	8.5.2024
s 18A	s 18A(1) substituted and redesignated as s 18A by 12/2024 s 6	8.5.2024
s 18B	amended by 12/2024 s 7	8.5.2024
s 18C
s 18C(1)	amended by 12/2024 s 8(1)—(4)	8.5.2024
s 18C(2)	amended by 12/2024 s 8(5)	8.5.2024
s 18C(3)	amended by 12/2024 s 8(2)	8.5.2024
s 18C(5)	inserted by 12/2024 s 8(6)	8.5.2024
ss 18D and 18E	substituted by 12/2024 s 9	8.5.2024
Pt 3 Div 1B	inserted by 33/2018 s 6	13.12.2018
Pt 3 Div 1B Subdivs 2—4	inserted by 12/2024 s 10	8.5.2024
Pt 3 Div 1C	inserted by 10/2019 s 9	1.7.2019
Pt 3 Div 1D	inserted by 22/2022 s 7	8.12.2022
Pt 3 Div 2	heading substituted by 53/2007 s 16	1.1.2008
s 19
relevant provision	substituted by 53/2007 s 17	1.1.2008
s 20	substituted by 53/2007 s 18	1.1.2008
s 20A	inserted by 53/2007 s 18	1.1.2008
s 20B	inserted by 53/2007 s 18	1.1.2008
amended by 37/2020 s 8	29.1.2021
s 21
s 21(1)	substituted by 53/2007 s 19(1)	1.1.2008
s 21(2)	amended by 53/2007 s 19(2), (3)	1.1.2008
ss 22 and 23	substituted by 53/2007 s 20	1.1.2008
s 24
s 24(1)	amended by 53/2007 s 21(1), (2)	1.1.2008
s 25	substituted by 53/2007 s 22	1.1.2008
s 26
s 26(1)	amended by 53/2007 s 23	1.1.2008
s 27	amended by 53/2007 s 24	1.1.2008
amended by 37/2020 s 9	29.1.2021
s 28	deleted by 53/2007 s 25	1.1.2008
Pt 3 Div 3	inserted by 53/2007 s 25	1.1.2008
s 28
s 28(1)	amended by 37/2020 s 10(1)	29.1.2021
s 28(2)	amended by 37/2020 s 10(2)—(4)	29.1.2021
s 28(3)	amended by 37/2020 s 10(5)	29.1.2021
s 28(3a)	inserted by 37/2020 s 10(6)	29.1.2021
s 28(4)	amended by 37/2020 s 10(7), (8)	29.1.2021
s 28(5a)	inserted by 37/2020 s 10(9)	29.1.2021
s 28(6)	amended by 37/2020 s 10(10)	29.1.2021
s 28(7)	amended by 37/2020 s 10(11)	29.1.2021
s 28(9)	amended by 37/2020 s 10(12), (13)	29.1.2021
s 28(9a) and (9b)	inserted by 37/2020 s 10(14)	29.1.2021
s 28(11)—(16)	inserted by 37/2020 s 10(15)	29.1.2021
s 28(17)	inserted by 37/2020 s 10(15)	29.1.2021
amended by 12/2024 s 11	8.5.2024
s 28(18) and (19)	inserted by 37/2020 s 10(15)	29.1.2021
Pt 3 Div 4	inserted by 53/2007 s 25	1.1.2008
s 28F
s 28F(3)	(d) deleted by 55/2016 s 4	15.12.2016
s 28I
s 28I(2)	deleted by 3/2021 s 9	15.4.2021
s 28J
s 28J(3)	amended by 33/2018 s 7(1), (2)	13.12.2018
s 28M	amended by 31/2009 s 13	1.7.2009
s 28N	note inserted by 7/2011 s 16	1.7.2012
s 28O	note inserted by 7/2011 s 17	1.7.2012
ss 28OA and 28OB	inserted by 55/2016 s 5	15.12.2016
s 28Q
s 28Q(1)	amended by 33/2018 s 8(1), (2)	13.12.2018
s 28Q(2)	amended by 33/2018 s 8(3), (4)	13.12.2018
s 28R	amended by 37/2020 s 11	29.1.2021
Pt 3 Div 5	inserted by 53/2007 s 25	1.1.2008
s 28V
s 28V(1a)	inserted by 55/2016 s 6(1)	15.12.2016
s 28V(2)	amended by 55/2016 s 6(2)	15.12.2016
s 28V(3)	amended by 55/2016 s 6(3)	15.12.2016
s 28V(4A)	inserted by 7/2011 s 18	1.7.2012
Pt 3 Div 6	inserted by 53/2007 s 25	1.1.2008
s 28W	note amended by 7/2011 Sch 1	1.7.2012
s 28YA	inserted by 12/2018 s 5	20.9.2018
s 28ZAA	inserted by 55/2016 s 7	15.12.2016
s 28ZAB	inserted by 31/2009 s 14	1.7.2009
s 28ZB
s 28ZB(1)	amended by 31/2009 s 15	1.7.2009
amended by 55/2016 s 8(1), (2)	15.12.2016
s 28ZB(1a)—(1e)	inserted by 55/2016 s 8(3)	15.12.2016
s 28ZB(2)	amended by 55/2016 s 8(4)	15.12.2016
s 28ZB(3)	amended by 55/2016 s 8(5)	15.12.2016
s 28ZB(6)	amended by 55/2016 s 8(6)	15.12.2016
s 28ZB(7)	amended by 55/2016 s 8(7)	15.12.2016
s 28ZB(7a)	inserted by 55/2016 s 8(8)	15.12.2016
s 28ZB(8)
restricted period	substituted by 55/2016 s 8(9)	15.12.2016
Pt 3 Div 7	inserted by 53/2007 s 25	1.1.2008
s 28ZD	substituted by 7/2011 s 19	1.7.2012
s 28ZF
s 28ZF(a1)	inserted by 37/2020 s 12(1)	29.1.2021
s 28ZF(1)	amended by 7/2011 s 20	1.7.2012
s 28ZF(2)	amended by 37/2020 s 12(2)	29.1.2021
ss 28ZH and 28ZI	inserted by 7/2011 s 21	1.7.2012
s 28ZJ	inserted by 79/2013 s 6	19.12.2013
deleted by 3/2021 s 10	15.4.2021
Pt 4
s 31	substituted by 53/2007 s 26	1.1.2008
s 32	amended by 53/2007 s 27	1.1.2008
s 32A	inserted by 26/2023 s 6	21.9.2023
s 34
s 34(1)	substituted by 53/2007 s 28(1)	1.1.2008
amended by 7/2011 s 22(1), (2)	1.7.2012
amended by 10/2019 s 10	1.7.2019
amended by 22/2022 s 8	8.12.2022
s 34(3)	amended by 53/2007 s 28(2)	1.1.2008
amended by 31/2009 s 16	1.7.2009
amended by 7/2011 s 22(3), (4)	1.7.2012
ss 35 and 36	substituted by 53/2007 s 29	1.1.2008
s 37
s 37(2)	substituted by 53/2007 s 30	1.1.2008
s 40	deleted by 53/2007 s 31	1.1.2008
s 41
s 41(1)	amended by 53/2007 s 32(1)—(3)	1.1.2008
s 42
s 42(1)	amended by 53/2007 s 33(1)	1.1.2008
s 42(2)	amended by 53/2007 s 33(2), (3)	1.1.2008
s 43
s 43(1)	amended by 3/2021 s 11	15.4.2021
s 45
s 45(4)	substituted by 53/2007 s 34	1.1.2008
s 46	amended by 53/2007 s 35(1), (2)	1.1.2008
s 47
s 47(1)	amended by 53/2007 s 36(a), (b)	1.1.2008
s 48	amended by 53/2007 s 37	1.1.2008
s 48(5)	deleted by 53/2007 s 37	1.1.2008
Pt 5 before substitution by 31/2009
s 49
s 49(1)	amended by 53/2007 s 38	1.1.2008
Pt 5	substituted by 31/2009 s 17	1.7.2009
s 49
s 49(1)	note amended by 7/2011 s 23	1.7.2012
amended by 16/2022 s 5(1), (2)	3.11.2022
s 50D
s 50D(1)	note inserted by 7/2011 s 24	1.7.2012
s 50F	note amended by 7/2011 s 25	1.7.2012
s 53A
s 53A(2)	substituted by 3/2021 s 12	15.4.2021
s 53C
s 53C(3)	note inserted by 7/2011 s 26(1)	1.7.2012
s 53C(4)	note inserted by 7/2011 s 26(2)	1.7.2012
s 53E	amended by 37/2020 s 13	29.1.2021
s 54C
s 54C(2)	amended by 7/2011 s 27	1.7.2012
amended by 12/2018 s 6	20.9.2018
s 54FA	inserted by 55/2016 s 9	15.12.2016
s 54H
s 54H(7a)	inserted by 55/2016 s 10	15.12.2016
amended by 3/2021 s 13(1)—(3)	15.4.2021
Pt 5A	inserted by 53/2007 s 39	1.1.2008
s 57A
s 57A(3)	substituted by 3/2021 s 14	15.4.2021
Pt 5B	inserted by 53/2007 s 39	1.1.2008
Pt 6
Pt 6 Div 1
s 58 before deletion by 7/2011
civil penalty provision	substituted by 53/2007 s 40	1.1.2008
amended by 31/2009 s 18	1.7.2009
s 587	deleted by 7/2011 s 28	1.7.2011
Pt 6 Div 1A	inserted by 7/2011 s 29	1.7.2011
Pt 6 Div 2
s 60
s 60(1)	s 60 amended and redesignated as s 60(1) by 7/2011 s 30(1), (2)	1.7.2012
s 60(2)	inserted by 7/2011 s 30(2)	1.7.2012
s 61
s 61(1)	amended by 7/2011 s 31	1.7.2012
amended by 37/2020 s 14(1)	29.1.2021
s 61(2)	amended by 7/2011 s 31	1.7.2012
amended by 37/2020 s 14(2), (3)	29.1.2021
s 61(2a)	inserted by 37/2020 s 14(4)	29.1.2021
s 61(3)	amended by 53/2007 s 41	1.1.2008
amended by 7/2011 s 31	1.7.2012
s 61(4)	amended by 7/2011 s 31	1.7.2012
s 61A	inserted by 7/2011 s 32	1.7.2012
s 61A(1)	amended by 37/2020 s 15(1)	29.1.2021
s 61A(2)	amended by 37/2020 s 15(2), (3)	29.1.2021
s 61B	inserted by 7/2011 s 32	1.7.2012
s 62	amended by 53/2007 s 42	1.1.2008
amended by 31/2009 s 19	1.7.2009
amended by 37/2020 s 16	29.1.2021
s 64	amended by 53/2007 s 43(1), (2)	1.1.2008
amended by 37/2020 s 17(1), (2)	29.1.2021
amended by 7/2011 s 33	1.7.2012
s 67
s 67(1) and (2)	amended by 7/2011 s 34	1.7.2012
s 67A	inserted by 10/2019 s 11	1.7.2019
s 68	substituted by 7/2011 s 35	1.7.2012
s 68A	inserted by 7/2011 s 35	1.7.2012
s 69	amended by 7/2011 s 36	1.7.2012
s 69A
s 69A(1)	amended by 31/2009 s 20	1.7.2009
substituted by 3/2021 s 15(1)

15.4.2021
s 69A(2)
procedural Parts of the Commercial Arbitration Act of this jurisdiction	deleted by 3/2021 s 15(2)	15.4.2021
procedural provisions of the Commercial Arbitration Act of this jurisdiction	inserted by 3/2021 s 15(2)	15.4.2021
Pt 6 Div 2A	inserted by 53/2007 s 44	1.1.2008
Pt 6 Div 3
s 70
s 70(1)	amended by 31/2009 s 21	1.7.2009
s 71	substituted by 53/2007 s 45	1.1.2008
s 71(2)	substituted by 3/2021 s 16(1)	15.4.2021
s 71(3)
review provisions of the Commercial Arbitration Act of this jurisdiction	deleted by 3/2021 s 16(2)	15.4.2021
review provisions of the Commercial Arbitration Act of this jurisdiction	inserted by 3/2021 s 16(2)	15.4.2021
Pt 6 Div 3A	inserted by 53/2007 s 46	1.1.2008
Pt 6 Div 3A Subdiv 1
s 71A
AER information disclosure decision	deleted by 31/2009 s 22(1)	1.7.2009
affected or interested person or body	amended by 79/2013 s 7(1), (2)	19.12.2013
deleted by 3/2021 s 17(1)	15.4.2021
applicant	(a) deleted by 3/2021 s 17(2)	15.4.2021
average annual regulated revenue	deleted by 3/2021 s 17(3)	15.4.2021
information disclosure decision	inserted by 31/2009 s 22(2)	1.7.2009
intervener	deleted by 3/2021 s 17(3)	15.4.2021
materially preferable NEO decision	inserted by 79/2013 s 7(3)	19.12.2013
deleted by 3/2021 s 17(3)	15.4.2021
prospective user	deleted by 3/2021 s 17(3)	15.4.2021
regulated revenue	deleted by 3/2021 s 17(3)	15.4.2021
regulatory period	deleted by 3/2021 s 17(3)	15.4.2021
reviewable regulatory decision	deleted by 3/2021 s 17(3)	15.4.2021
reviewable regulatory decision process participant	inserted by 79/2013 s 7(4)	19.12.2013
deleted by 3/2021 s 17(3)	15.4.2021
review under this Division	amended by 3/2021 s 17(4)	15.4.2021
small/medium user or consumer intervener	inserted by 31/2009 s 22(2)	1.7.2009
deleted by 3/2021 s 17(5)	15.4.2021
small to medium user or end user	deleted by 3/2021 s 17(5)	15.4.2021
user	deleted by 3/2021 s 17(5)	15.4.2021
user or consumer association	deleted by 3/2021 s 17(5)	15.4.2021
user or consumer interest group	deleted by 3/2021 s 17(5)	15.4.2021
user or consumer intervener	deleted by 3/2021 s 17(5)	15.4.2021
Pt 6 Div 3A Subdiv 2 before deletion by 3/2021
s 71C
s 71C(1a)	inserted by 79/2013 s 8(1)	19.12.2013
s 71C(2)	amended by 79/2013 s 8(2)	19.12.2013
s 71E	amended by 79/2013 s 9	19.12.2013
s 71K
s 71K(1)	amended by 79/2013 s 10(1)	19.12.2013
s 71K(2)	deleted by 79/2013 s 10(2)	19.12.2013
s 71M
s 71M(1a)	inserted by 79/2013 s 11(1)	19.12.2013
s 71M(2)	amended by 79/2013 s 11(2)	19.12.2013
s 71O	substituted by 79/2013 s 12	19.12.2013
s 71P
s 71P(2)	substituted by 79/2013 s 13(1)	19.12.2013
s 71P(2a)—(2c)	inserted by 79/2013 s 13(1)	19.12.2013
s 71P(3)	amended by 79/2013 s 13(2)	19.12.2013
s 71P(4)	deleted by 79/2013 s 13(3)	19.12.2013
s 71P(5)	amended by 79/2013 s 13(4)	19.12.2013
s 71R
s 71R(1)	substituted by 79/2013 s 14(1)	19.12.2013
s 71R(2)	deleted by 79/2013 s 14(2)	19.12.2013
s 71R(3)	substituted by 79/2013 s 14(3)	19.12.2013
s 71R(5)	amended by 79/2013 s 14(4)	19.12.2013
s 71R(5a) and (5b)	inserted by 79/2013 s 14(5)	19.12.2013
s 71R(6)
review related matter	substituted by 79/2013 s 14(6)	19.12.2013
Pt 6 Div 3A Subdiv 2	deleted by 3/2021 s 18	15.4.2021
Pt 6 Div 3A Subdiv 3
heading	amended by 31/2009 s 23	1.7.2009
s 71S
s 71S(1)	amended by 31/2009 s 24(1)	1.7.2009
s 71S(4)	substituted by 31/2009 s 24(2)	1.7.2009
s 71U
s 71U(2)	substituted by 31/2009 s 25(1)	1.7.2009
s 71U(3)	amended by 31/2009 s 25(2)	1.7.2009
s 71U(4)	substituted by 31/2009 s 25(3)	1.7.2009
s 71V
s 71V(2)	amended by 31/2009 s 26	1.7.2009
s 71W	substituted by 31/2009 s 27	1.7.2009
Pt 6 Div 3A Subdiv 4
s 71X
s 71X(2)	amended by 79/2013 s 15	19.12.2013
amended by 3/2021 s 19(1)—(3)	15.4.2021
s 71X(3)	deleted by 3/2021 s 19(4)	15.4.2021
s 71Y
s 71Y(1)	s 71Y amended and redesignated as s 71Y(1) by 79/2013 s 16(1), (2)	19.12.2013
amended by 3/2021 s 20(1)	15.4.2021
s 71Y(2)	inserted by 79/2013 s 16(2)	19.12.2013
deleted by 3/2021 s 20(2)	15.4.2021
s 71YA	inserted by 79/2013 s 17	19.12.2013
deleted by 3/2021 s 21	15.4.2021
s 71Z before deletion by 3/2021
s 71Z(1)	substituted by 79/2013 s 18	19.12.2013
s 71Z(1a)	inserted by 79/2013 s 18	19.12.2013
s 71Z	deleted by 3/2021 s 21	15.4.2021
Pt 6 Div 3B	inserted by 53/2007 s 46	1.1.2008
Pt 6 Div 4
s 72
s 72(1)	amended by 31/2009 s 28	1.7.2009
amended by 10/2019 s 12(1), (2)	1.7.2019
s 72(2)	amended by 31/2009 s 28	1.7.2009
amended by 10/2019 s 12(3), (4)	1.7.2019
s 72(3)	amended by 31/2009 s 28	1.7.2009
amended by 10/2019 s 12(5)	1.7.2019
s 72(4)
civil claim Rule dispute	amended by 31/2009 s 28	1.7.2009
amended by 10/2019 s 12(6)	1.7.2019
relevant person	inserted by 10/2019 s 12(7)	1.7.2019
Pt 6 Div 5
s 73
relevant civil penalty provision	deleted by 37/2020 s 18	29.1.2021
tier 1 penalty provision	inserted by 37/2020 s 18	29.1.2021
tier 2 penalty provision	inserted by 37/2020 s 18	29.1.2021
tier 3 penalty provision	inserted by 37/2020 s 18	29.1.2021
s 74
s 74(1)	amended by 53/2007 s 47(1)	1.1.2008
amended by 7/2011 s 37	1.7.2012
amended by 37/2020 s 19	29.1.2021
s 74(1a)	inserted by 53/2007 s 47(2)	1.1.2008
s 74(2)	amended by 7/2011 s 37	1.7.2012
s 75	amended by 7/2011 s 38	1.7.2012
amended by 37/2020 s 20	29.1.2021
s 76	substituted by 37/2020 s 21	29.1.2021
s 79
s 79(1) and (2)	amended by 7/2011 s 39	1.7.2012
s 81	amended by 53/2007 s 48	1.1.2008
amended by 7/2011 s 40	1.7.2012
amended by 37/2020 s 22	29.1.2021
s 82	amended by 37/2020 s 23	29.1.2021
s 83
s 83(1)	amended by 7/2011 s 41	1.7.2012
amended by 37/2020 s 24	29.1.2021
s 83(2)	amended by 7/2011 s 41	1.7.2012
Pt 6 Div 6
s 84	deleted by 53/2007 s 49	1.1.2008
s 85
s 85(1)	amended by 37/2020 s 25(1), (2)	29.1.2021
s 85(4)	deleted by 53/2007 s 50	1.1.2008
s 86 before substitution by 7/2011
s 86(2)	deleted by 53/2007 s 51	1.1.2008
s 86	substituted by 7/2011 s 42	1.7.2012
amended by 37/2020 s 26	29.1.2021
Pt 7
Pt 7 Div 1
Pt 7 Div 1 Subdivision 1
heading	heading inserted by 53/2007 s 52	1.1.2008
s 87
AEMC initiated Rule	inserted by 53/2007 s 53(2)	1.1.2008
AEMC Rule review	inserted by 53/2007 s 53(2)	1.1.2008
electricity market regulatory body	inserted by 53/2007 s 53(2)	1.1.2008
amended by 31/2009 s 29	1.7.2009
interested person or body	deleted by 53/2007 s 53(1)	1.1.2008
market initiated proposed Rule	inserted by 53/2007 s 53(2)	1.1.2008
amended by 22/2022 s 9(1)	8.12.2022
more preferable Rule	inserted by 53/2007 s 53(2)	1.1.2008
proposed Rule	inserted by 53/2007 s 53(3)	1.1.2008
publish	amended by 53/2007 s 53(4), (5)	1.1.2008
amended by 3/2021 s 22	15.4.2021
amended by 22/2022 s 9(2)	8.12.2022
trial Rule	inserted by 22/2022 s 9(3)	8.12.2022
urgent rule	amended by 31/2009 s 29	1.7.2009
s 88	deleted by 53/2007 s 54	1.1.2008
Pt 7 Div 1 Subdivision 2	inserted by 53/2007 s 54	1.1.2008
s 88C	inserted by 22/2022 s 10	8.12.2022
Pt 7 Div 2
heading	substituted by 53/2007 s 55	1.1.2008
Pt 7 Div 2 Subdivision 1
heading	inserted by 12/2018 s 7	20.9.2018
s 90A	inserted by 53/2007 s 56	1.1.2008
s 90AB	inserted by 16/2022 s 6	3.11.2022
s 90B	inserted by 31/2009 s 30	1.7.2009
s 90BA	inserted by 33/2018 s 9	13.12.2018
s 90C	inserted by 54/2009 s 6	1.1.2010
s 90D	inserted by 7/2011 s 43	1.7.2012
s 90DA	inserted by 22/2022 s 11	8.12.2022
s 90E	inserted by 21/2015 s 22	30.1.2015
s 90EA	inserted by 10/2019 s 13	1.7.2019
s 90EB	inserted by 9/2021 s 8	20.5.2021
s 90EC	inserted by 8/2023 s 11	14.4.2023
s 90ED	inserted by 26/2023 s 7	21.9.2023
s 90EF	inserted by 12/2024 s 12	8.5.2024
Pt 7 Div 2 Subdivision 2	inserted by 12/2018 s 8	20.9.2018
Pt 7 Div 3
s 91
s 91(2)	substituted by 53/2007 s 57	1.1.2008
s 91(6)	amended by 31/2009 s 31(1)	1.7.2009
s 91(7)—(9)	inserted by 31/2009 s 31(2)	1.7.2009
s 91A	inserted by 53/2007 s 58	1.1.2008
s 91B	inserted by 53/2007 s 58	1.1.2008
s 91B(1)	substituted by 7/2011 s 44	1.7.2012
s 92
s 92(1)	amended by 53/2007 s 59	1.1.2008
amended by 22/2022 s 12	8.12.2022
s 92A	inserted by 53/2007 s 60	1.1.2008
s 93	substituted by 53/2007 s 61	1.1.2008
s 94	substituted by 53/2007 s 61	1.1.2008
s 94(1)	amended by 31/2009 s 32	1.7.2009
amended by 22/2022 s 13(1), (2)	8.12.2022
s 94(2)	substituted by 22/2022 s 13(3)	8.12.2022
s 94(7)	inserted by 22/2022 s 13(4)	8.12.2022
s 94A	inserted by 53/2007 s 61	1.1.2008
s 95
s 95(1)	substituted by 53/2007 s 62(1)	1.1.2008
s 95(1a)	inserted by 53/2007 s 62(1)	1.1.2008
s 95(2)	amended by 53/2007 s 62(2)	1.1.2008
s 95(3)	inserted by 53/2007 s 62(3)	1.1.2008
s 96
s 96(1)	amended by 53/2007 s 63	1.1.2008
amended by 12/2018 s 9	20.9.2018
s 96AA	inserted by 22/2022 s 14	8.12.2022
s 96A	inserted by 53/2007 s 64	1.1.2008
s 99
s 99(1)	substituted by 53/2007 s 65(1)	1.1.2008
s 99(1a) and (1b)	inserted by 53/2007 s 65(1)	1.1.2008
s 99(2)	substituted by 53/2007 s 65(2)	1.1.2008
s 99(4)	amended by 53/2007 s 65(3)	1.1.2008
s 100	amended by 31/2009 s 33	1.7.2009
s 101
s 101(1)	substituted by 53/2007 s 66(1)	1.1.2008
amended by 31/2009 s 34	1.7.2009
s 101(1a)	inserted by 53/2007 s 66(1)	1.1.2008
amended by 31/2009 s 34	1.7.2009
s 101(2a)	inserted by 53/2007 s 66(2)	1.1.2008
s 101(3)	substituted by 53/2007 s 66(3)	1.1.2008
s 101(4)	amended by 53/2007 s 66(4)	1.1.2008
s 102
s 102(1)	substituted by 53/2007 s 67(1)	1.1.2008
s 102(1a)	inserted by 53/2007 s 67(1)	1.1.2008
s 102(2)	substituted by 53/2007 s 67(2)	1.1.2008
amended by 22/2022 s 15	8.12.2022
s 102(3)	amended by 53/2007 s 67(3)	1.1.2008
s 102A	inserted by 53/2007 s 68	1.1.2008
substituted by 31/2009 s 35	1.7.2009
s 103
s 103(5)	inserted by 22/2022 s 16	8.12.2022
ss 104A—104D	inserted by 22/2022 s 17	8.12.2022
Pt 7 Div 4
s 107
s 107(1)	amended by 53/2007 s 69(1)	1.1.2008
s 107(2a)	inserted by 53/2007 s 69(2)	1.1.2008
s 107A	inserted by 53/2007 s 70	1.1.2008
s 108
s 108(3)	amended by 53/2007 s 71	1.1.2008
s 108A	inserted by 53/2007 s 72	1.1.2008
s 108B	inserted by 12/2018 s 10	20.9.2018
Pt 8
s 109
AEMO load shedding procedures	inserted by 31/2009 s 36(2)	1.7.2009
NEMMCO load shedding procedures	deleted by 31/2009 s 36(1)	1.7.2009
s 110
s 110(3) and (4)	inserted by 31/2009 s 37	1.7.2009
s 111
s 111(1)—(3)	amended by 31/2009 s 38(1)	1.7.2009
s 111(4)	substituted by 31/2009 s 38(2)	1.7.2009
s 111(5)	inserted by 31/2009 s 38(2)	1.7.2009
s 112
heading	amended by 31/2009 s 39(1)	1.7.2009
s 112(1)	amended by 31/2009 s 39(2)	1.7.2009
s 112(2)	substituted by 31/2009 s 39(3)	1.7.2009
s 113	substituted by 31/2009 s 40	1.7.2009
s 114	amended by 31/2009 s 41	1.7.2009
amended by 9/2021 s 9	20.5.2021
s 115
s 115(1) and (2)	amended by 31/2009 s 42(1)	1.7.2009
s 115(4)	inserted by 31/2009 s 42(2)	1.7.2009
s 115A	inserted by 31/2009 s 43	1.7.2009
s 116
s 116(1) and (3)	amended by 31/2009 s 44(1)	1.7.2009
s 116(2a)	inserted by 31/2009 s 44(2)	1.7.2009
s 116(6)
civil monetary liability	deleted by 31/2009 s 44(3)	1.7.2009
s 117
s 117(1)	amended by 31/2009 s 45	1.7.2009
s 118
s 118(1)	s 118 redesignated as s 118(1) by 31/2009 s 46	1.7.2009
amended by 37/2020 s 27(1)	29.1.2021
s 118(2)	inserted by 31/2009 s 46	1.7.2009
amended by 37/2020 s 27(2)	29.1.2021
Pt 8A	inserted by 54/2009 s 5	1.1.2010
Pt 8A Div 1
s 118A
relevant customer	deleted by 69/2013 s 5(1)	28.11.2013
required smart metering infrastructure	deleted by 69/2013 s 5(2)	28.11.2013
smart metering services	deleted by 69/2013 s 5(3)	28.11.2013
Pt 8A Div 3	deleted by 69/2013 s 6	28.11.2013
Pt 9
s 119
s 119(1) and (5)	amended by 31/2009 s 47(1)	1.7.2009
s 119(7)
civil monetary liability	deleted by 31/2009 s 47(2)	1.7.2009
network service provider	deleted by 53/2007 s 73	1.1.2008
officer	deleted by 53/2007 s 73	1.1.2008
s 120
s 120(1) and (2)	amended by 31/2009 s 48(1)	1.7.2009
s 120(2A)	inserted by 7/2011 s 45	1.7.2012
s 120(3)	amended by 31/2009 s 48(1)	1.7.2009
s 120(4)	amended by 53/2007 s 74	1.1.2008
substituted by 31/2009 s 48(2)	1.7.2009
ss 120A and 120B	inserted by 31/2009 s 49	1.7.2009
s 122	inserted by 53/2007 s 75	1.1.2008
Pt 10	inserted by 53/2007 s 75	1.1.2008
s 128
s 128(1)	note amended by 7/2011 Sch 1	1.7.2012
s 136	note inserted by 7/2011 s 46	1.7.2012
s 141
s 141(2)	amended by 37/2020 s 28	29.1.2021
s 143	amended by 37/2020 s 29	29.1.2021
s 144
s 144(1)	amended by 37/2020 s 30	29.1.2021
s 145	amended by 37/2020 s 31	29.1.2021
Pt 11	inserted by 53/2007 s 75	1.1.2008
s 157
s 157(1)	note inserted by 7/2011 s 47	1.7.2012
s 158
s 158(1)	amended by 31/2009 s 50	1.7.2009
ss 159 and 160	inserted by 37/2020 s 32	29.1.2021
Sch 1
item 4	amended by 31/2009 s 51(1)	1.7.2009
item 5	amended by 31/2009 s 51(1), (2)	1.7.2009
amended by 10/2019 s 14(1)	1.7.2019
items 6A—6L	inserted by 10/2019 s 14(2)	1.7.2019
items 7 and 9	amended by 31/2009 s 51(1)	1.7.2009
item 12	substituted by 31/2009 s 51(3)	1.7.2009
items 14A and 14B	inserted by 53/2007 s 76(1)	1.1.2008
item 16
item 16(1)	item 16 amended by 53/2007 s 76(2)	1.1.2008
item 16 redesignated as item 16(1) by 31/2009 s 51(4)	1.7.2009
item 16(2)	inserted by 31/2009 s 51(4)	1.7.2009
item 17	amended by 53/2007 s 76(3)	1.1.2008
items 19 and 20	substituted by 53/2007 s 76(4)	1.1.2008
item 21	amended by 53/2007 s 76(6)	1.1.2008
item 22	substituted by 53/2007 s 76(5)	1.1.2008
(d) deleted by 33/2018 s 10(1)	13.12.2018
item 23	amended by 53/2007 s 76(7)	1.1.2008
item 24	amended by 53/2007 s 76(8), (9)	1.1.2008
substituted by 31/2009 s 51(5)	1.7.2009
items 25 and 26	substituted by 53/2007 s 76(10)	1.1.2008
items 26A—26E	inserted by 53/2007 s 76(10)	1.1.2008
item 26F	inserted by 53/2007 s 76(10)	1.1.2008
(d) deleted by 33/2018 s 10(2)	13.12.2018
items 26G—26J	inserted by 53/2007 s 76(10)	1.1.2008
item 26K	inserted by 53/2007 s 76(10)	1.1.2008
substituted by 31/2009 s 51(6)	1.7.2009
items 26L and 26M	inserted by 7/2011 s 48(1)	1.7.2012
item 30	amended by 31/2009 s 51(7)	1.7.2009
items 30A—30D	inserted by 53/2007 s 76(11)	1.1.2008
items 30E—30J	inserted by 31/2009 s 51(8)	1.7.2009
item 30K	inserted by 21/2014 s 23	30.1.2015
item 33	amended by 31/2009 s 51(1)	1.7.2009
item 34	amended by 31/2009 s 51(1)	1.7.2009
amended by 7/2011 s 48(2)	1.7.2012
items 34A—34C	inserted by 53/2007 s 76(12)	1.1.2008
item 35	amended by 31/2009 s 51(1)	1.7.2009
item 35A	inserted by 16/2022 s 7	3.11.2022
item 36A	inserted by 31/2009 s 51(9)	1.7.2009
Sch 2
Sch 2 Pt 1
cl 1
cl 1(2)	amended by 53/2007 s 77	1.1.2008
Sch 2 Pt 2
cl 2
cl 2(2) and (3)	substituted by 53/2007 s 78	1.1.2008
cl 2(4)	substituted by 53/2007 s 78	1.1.2008
substituted by 3/2021 s 23(1)	15.4.2021
cl 2(4a) and (4b)	inserted by 3/2021 s 23(1)	15.4.2021
cl 2(5)	substituted by 53/2007 s 78	1.1.2008
cl 2A	inserted by 31/2009 s 52(1)	1.7.2009
cl 4
cl 4(5)	inserted by 53/2007 s 79	1.1.2008
cl 8
cl 8(1)
extrinsic material	deleted by 53/2007 s 80(1)	1.1.2008
Law extrinsic material	inserted by 53/2007 s 80(1)	1.1.2008
ordinary meaning	amended by 53/2007 s 80(2)	1.1.2008
Rule extrinsic material	inserted by 53/2007 s 80(3)	1.1.2008
cl 8(2)	amended by 53/2007 s 80(4)	1.1.2008
cl 8(2a)	inserted by 53/2007 s 80(5)	1.1.2008
cl 8(3)	amended by 53/2007 s 80(6)	1.1.2008
Sch 2 Pt 3
cl 10
business day	amended by 53/2007 s 81(1)	1.1.2008
make	substituted by 53/2007 s 81(2)	1.1.2008
Sch 2 Pt 6A	inserted by 53/2007 s 82	1.1.2008
s 31AC
AER member	amended by 7/2011 Sch 1	1.7.2012
s 31AD	amended by 7/2011 Sch 1	1.7.2012
amended by 33/2018 s 11(1)	13.12.2018
s 31AF	substituted by 31/2009 s 52(2)	1.7.2009
Sch 2 Pt 6B	inserted by 53/2007 s 82	1.1.2008
Sch 2 Pt 8
cll 37A and 37B	inserted by 37/2020 s 33(1)	29.1.2021
cl 39
cl 39(3)	substituted by 53/2007 s 83	1.1.2008
amended by 37/2020 s 33(2)	29.1.2021
cl 39(4) and (5)	inserted by 53/2007 s 83	1.1.2008
cl 39(6)	inserted by 53/2007 s 83	1.1.2008
civil penalty provision	amended by 21/2014 s 24	30.1.2015
Sch 2 Pt 9
cl 41
cl 41(3)	inserted by 53/2007 s 84	1.1.2008
statutory instrument	amended by 33/2018 s 11(2)	13.12.2018
amended by 10/2019 s 15(1)	1.7.2019
cl 41A	inserted by 33/2018 s 11(3)	13.12.2018
s 41B	inserted by 10/2019 s 15(2)	1.7.2019
cl 42
cl 42(2) and (3)	substituted by 53/2007 s 85	1.1.2008
cl 42(4)	substituted by 53/2007 s 85	1.1.2008
substituted by 3/2021 s 23(2)	15.4.2021
cl 42(4a) and (4b)	inserted by 3/2021 s 23(2)	15.4.2021
cl 42(5)	substituted by 53/2007 s 85	1.1.2008
cl 43A	inserted by 33/2018 s 11(4)	13.12.2018
Sch 3
Sch 3 Pt 1
cl 1
ACCC	amended by 7/2011 Sch 1	1.7.2012
new commencement day	inserted by 53/2007 s 86	1.1.2008
Sch 3 Pt 3
cl 4A	inserted by 53/2007 s 87	1.1.2008
Sch 3 Pt 6
cll 10A and 10B	inserted by 53/2007 s 88	1.1.2008
Sch 3 Pt 9
cl 16
cl 16(1)	amended by 7/2011 Sch 1	1.7.2012
cl 18	inserted by 53/2007 s 89	1.1.2008
Sch 3 Pt 10	inserted by 31/2009 s 53	1.7.2009
Sch 3 Pt 11	inserted by 7/2011 s 49	1.7.2012
Sch 3 Pt 12	inserted by 21/2014 s 24	30.1.2015
Sch 3 Pt 13	inserted by 55/2016 s 11	15.12.2016
Sch 3 Pt 14	inserted by 56/2016 s 7	15.12.2016
Sch 3 Pt 15	inserted by 12/2018 s 11	20.9.2018
Sch 3 Pt 16	inserted by 33/2018 s 12	13.12.2018
Sch 3 Pt 17	inserted by 3/2021 s 24	15.4.2021
Sch 3 Pt 18	inserted by 26/2023 s 8	21.9.2023

Transitional etc provisions associated with Act or amendments

National Electricity (South Australia) (Ministerial Reliability Instrument) Amendment Act 2023, Sch 1

1—Transitional provision

A T‑3 reliability instrument made by the Minister under section 19B of the National Electricity (South Australia) Act 1996 (the South Australian Minister) and in effect immediately before the repeal of section 19B by Part 2 of this Act will be taken to continue in effect according to its terms as if it were a T‑3 reliability instrument made by the South Australian Minister under section 14JA of the National Electricity (South Australia) Law (as enacted by this Act).

Historical versions

Reprint No 1—11.6.1998
Reprint No 2—13.11.1998
Reprint No 3—15.7.2001
Reprint No 4—18.12.2003
1.7.2005
1.1.2008
17.7.2008
1.7.2009
1.1.2010
1.7.2012
1.2.2013
28.11.2013
19.12.2013
30.1.2015
15.12.2016
20.9.2018
13.12.2018
1.7.2019
29.1.2021
15.4.2021
20.5.2021
3.11.2022
8.12.2022
2.3.2023
14.4.2023
21.9.2023