National Electricity (South Australia) (Commercial Arbitration Acts) Variation Regulations 2021 (SA)
South Australia
National Electricity (South Australia) (Commercial Arbitration Acts) Variation Regulations 2021
under the National Electricity (South Australia) Act 1996
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of National Electricity (South Australia) Regulations
4 Substitution of regulation 7
7Modification of procedural provisions of relevant Commercial Arbitration Act
7AProcedural provisions of relevant Commercial Arbitration Act
7BModification of review provisions of relevant Commercial Arbitration Act
7CReview provisions of relevant Commercial Arbitration Act
5 Variation of regulation 9—Merits review and other non-judicial review
Part 1—Preliminary
1—Short title
These regulations may be cited as the National Electricity (South Australia) (Commercial Arbitration Acts) Variation Regulations 2021.
2—Commencement
These regulations come into operation on the day on which section 15 of the Statutes Amendment (National Energy Laws) (Omnibus) Act 2021 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of National Electricity (South Australia) Regulations
4—Substitution of regulation 7
Regulation 7—delete the regulation and substitute:
7—Modification of procedural provisions of relevant Commercial Arbitration Act
For the purposes of section 69A(1) of the new National Electricity Law, the application of the procedural provisions of the Commercial Arbitration Act of this jurisdiction to the hearing of a Rule dispute and decision or determination of a Dispute resolution panel is modified—
(a)as if—
(i)the Rules providing for a Rule dispute were an arbitration agreement within the meaning of that Act; and
(ii)the referral of the Rule dispute to a Dispute resolution panel in accordance with the Rules were a referral to arbitration in accordance with an arbitration agreement; and
(iii)a reference in those provisions to an arbitrator were a reference to the Dispute resolution panel; and
(iv)a reference to a party to an arbitration agreement, or in an arbitration proceeding, in those provisions were a reference to a party to the Rule dispute; and
(v)in those provisions for—
(A)"unless otherwise agreed in writing by the parties"; or
(B)"unless otherwise agreed by the parties",
there were substituted "unless the Rules otherwise provide" (as the case requires); and
(vi)a reference to an award of an arbitrator in those provisions were a reference to a decision or determination of a Dispute resolution panel; and
(b)with any other alterations and modifications that are necessary.
7A—Procedural provisions of relevant Commercial Arbitration Act
For the purposes of the definition of procedural provisions of the Commercial Arbitration Act of this jurisdiction in section 69A(2) of the new National Electricity Law, the prescribed provisions are as follows:
(a)if the new National Electricity Law is applied as a law of the Commonwealth and a Rule dispute is heard and determined in that jurisdiction, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;
(b)if the new National Electricity Law is applied as a law of the State of New South Wales and a Rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2010 of New South Wales;
(c)if the new National Electricity Law is applied as a law of the State of Victoria and a Rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of Victoria;
(d)if the new National Electricity Law is applied as a law of the State of Queensland and a Rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2013 of Queensland;
(e)if the new National Electricity Law is applied as a law of the State of South Australia and a Rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of South Australia;
(f)if the new National Electricity Law is applied as a law of the State of Tasmania and a Rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of Tasmania;
(g)if the new National Electricity Law is applied as a law of the Australian Capital Territory and a Rule dispute is heard and determined in that Territory, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;
(h)if the new National Electricity Law is applied as a law of the Northern Territory and a Rule dispute is heard and determined in that Territory, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration (National Uniform Legislation) Act 2011 of the Northern Territory.
7B—Modification of review provisions of relevant Commercial Arbitration Act
For the purposes of section 71(2) of the new National Electricity Law, the application of the review provisions of the Commercial Arbitration Act of this jurisdiction to a decision or determination of a Dispute resolution panel is modified—
(a)as if—
(i)the Rules providing for a Rule dispute were an arbitration agreement within the meaning of that Act; and
(ii)a reference to an arbitration in those provisions were a reference to the hearing of the Rule dispute; and
(iii)a reference in those provisions to an award of an arbitrator were a reference to a decision or determination of a Dispute resolution panel; and
(iv)a reference to a party to an arbitration agreement, or in an arbitration proceeding, in those provisions were a reference to a party to the Rule dispute; and
(b)with any other alterations and modifications that are necessary.
7C—Review provisions of relevant Commercial Arbitration Act
For the purposes of the definition of review provisions of the Commercial Arbitration Act of this jurisdiction in section 71(3) of the new National Electricity Law, the prescribed provisions are as follows:
(a)if the new National Electricity Law is applied as a law of the Commonwealth and a Rule dispute is heard and determined in that jurisdiction, Part 7 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;
(b)if the new National Electricity Law is applied as a law of the State of New South Wales and a Rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2010 of New South Wales;
(c)if the new National Electricity Law is applied as a law of the State of Victoria and a Rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of Victoria;
(d)if the new National Electricity Law is applied as a law of the State of Queensland and a Rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2013 of Queensland;
(e)if the new National Electricity Law is applied as a law of the State of South Australia and a Rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of South Australia;
(f)if the new National Electricity Law is applied as a law of the State of Tasmania and a Rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of Tasmania;
(g)if the new National Electricity Law is applied as a law of the Australian Capital Territory and a Rule dispute is heard and determined in that Territory, Part 7 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;
(h)if the new National Electricity Law is applied as a law of the Northern Territory and a Rule dispute is heard and determined in that Territory, Part 7 of the Commercial Arbitration (National Uniform Legislation) Act 2011 of the Northern Territory.
5—Variation of regulation 9—Merits review and other non-judicial review
Regulation 9(1)—delete "reviewable regulatory decision in section 71A" and substitute:
relevant regulatory decision in section 2(1)
Regulation 9(1)—delete "reviewable" second occurring and substitute:
relevant
Regulation 9(2)—delete subregulation (2)
Note—
The heading to regulation 9 will be varied to "Reviewable regulatory decisions" when this regulation comes into operation.
Made by the Governor's Deputy
on the unanimous recommendation of the Ministers of the participating jurisdictions and with the advice and consent of the Executive Council
on 15 April 2021
No 39 of 2021
0
0
0