National Electricity (South Australia) (Consumer Data Right) Amendment Act 2022 (SA)

South Australia

National Electricity (South Australia) (Consumer Data Right) Amendment Act 2022

An Act to amend the National Electricity (South Australia) Act 1996.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the National Electricity (South Australia) (Consumer Data Right) Amendment Act 2022.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

3Amendment provision

In this Act, a provision in Part 2 amends the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996.

Part 2Amendment of National Electricity Law4Amendment of section 2 – Definitions

1. (1)

   Section 2(1)—after the definition of Australian Energy Market Operator insert:

   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;

2. (2)

   Section 2(1)—after the definition of Court insert:

   data holder has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;

3. (3)

   Section 2(1)—after the definition of declared transmission system operator insert:

   designated energy sector means an energy sector designated under section 56AC of the Competition and Consumer Act 2010 of the Commonwealth;

5Amendment of section 49 – AEMO's statutory functions

1. (1)

   Section 49(1)—delete "AEMO has the following functions" and substitute:

   The following functions are conferred on AEMO

2. (2)

   Section 49(1)—after paragraph (f) insert:

   1. (fa)

      any functions of a data holder under the Competition and Consumer Act 2010 of the Commonwealth for CDR data relating to a designated energy sector;

6Insertion of section 90AB

After section 90A insert:

90AB—South Australian Minister to make initial Rules relating to consumer data right and further Rules relating to disclosure of data

1. (1)

   The Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia (the South Australian Minister) may make Rules—

   1. (a)

      for or with respect to the implementation of the CDR provisions relating to a designated energy sector, including the disclosure of CDR data; and

   2. (b)

      for or with respect to the recovery of costs incurred by AEMO in the carrying out of functions under section 49(1)(fa); and

   3. (c)

      for or with respect to access to and disclosure of metering data and NMI Standing Data, and

   4. (d)

      that revoke or amend a Rule as a consequence of the enactment of the consumer data right amendments.

2. (2)

   Rules may only be made under subsection (1) on the recommendation of the MCE.

3. (3)

   Section 34(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.

4. (4)

   As soon as practicable after making Rules under this section, the South Australian Minister must—

   1. (a)

      publish notice of the making of the Rules in the South Australian Government Gazette; and

   2. (b)

      make the Rules publicly available.

5. (5)

   The notice referred to in subsection (4)(a) must state—

   1. (a)

      the date on which the Rules commence operation; or

   2. (b)

      if different Rules will commence operation on different dates, those dates.

6. (6)

   Once the first Rules have been made under subsection (1), no further Rules can be made under that subsection.

7. (7)

   In this section—

consumer data right amendments means the amendments made to this Law by the National Electricity (South Australia) (Consumer Data Right) Amendment Act 2022.

7Amendment of Schedule 1 – Subject matter for the National Electricity Rules

Schedule 1—after item 35 insert:

 

35A Any matter or thing necessary or expedient for the purposes of compliance with, or implementation of, the CDR provisions relating to a designated energy sector.