National Gas (South Australia) (Market Transparency) Amendment Regulations 2022 (SA)

South Australia

National Gas (South Australia) (Market Transparency) Amendment Regulations 2022

under the National Gas (South Australia) Act 2008

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of National Gas (South Australia) Regulations

3            Amendment of regulation 7A—Information gathering powers—AEMO

4            Amendment of regulation 10—Maximum civil monetary liabilities

5            Amendment of Schedule 3—Civil penalties

Part 1—Preliminary

1—Short title

These regulations may be cited as the National Gas (South Australia) (Market Transparency) Amendment Regulations 2022.

2—Commencement

These regulations come into operation on the day on which the National Gas (South Australia) (Market Transparency) Amendment Act 2022 comes into operation.

Part 2—Amendment of National Gas (South Australia) Regulations

3—Amendment of regulation 7A—Information gathering powers—AEMO

Regulation 7A(a)—delete "persons of a kind listed in section 223(1)" and substitute:

persons who are subject to Rules made for the purposes of section 223

4—Amendment of regulation 10—Maximum civil monetary liabilities

1. Regulation 10(1)—after "purposes of sections" insert:

   91DE,

2. Regulation 10(1)(c)—delete paragraph (c) and substitute:

   (c)the maximum amount of each person's civil monetary liability with respect to giving Bulletin Board information to AEMO or the AER to each person who suffers loss as a result of a relevant event is, in respect of that event, $400 000;

3. Regulation 10(1)(d)—after "AEMO" insert:

   or the AER

4. Regulation 10(1)—after paragraph (dd) insert:

   (de)the maximum amount of each person's civil monetary liability with respect to giving GSOO information to AEMO for the gas statement of opportunities to each person who suffers loss as a result of a relevant event is, in respect of that event, $400 000;

   (df)however, if the amount of a person's civil monetary liability with respect to giving GSOO information to AEMO in respect of that event (as affected, if at all, by paragraph (de)) exceeds the prescribed amount in respect of the relevant event, the maximum amount of the person's civil monetary liability to a person in respect of that event is the prescribed amount;

5. Regulation 10(1)(e)—delete "(dd)" and substitute:

   (df)

6. Regulation 10—after subregulation (1) insert:

   (1a)If the giving of Bulletin Board information and GSOO information to AEMO constitute (at the same time) an event under subregulation (1)(c) and (d) and an event under subregulation (1)(de) and (df), the maximum amounts of a person's civil monetary liability in respect of those events will be determined under subregulation (1)(c) and (d) as if reference to Bulletin Board information under those paragraphs included a reference to GSOO information.

7. Regulation 10(2)—delete "AEMO and each person who gives Bulletin Board information or capacity auction information to AEMO must ensure that the following provisions are complied with in relation to claims against AEMO or a person who gives Bulletin Board information or capacity auction information to AEMO" and substitute:

   AEMO, each person who gives GSOO information or capacity auction information to AEMO, and each person who gives Bulletin Board information to AEMO or the AER, must ensure that the following provisions are complied with in relation to claims against AEMO or the person

8. Regulation 10(2)(d)—delete "who gives Bulletin Board information or capacity auction information to AEMO"

9. Regulation 10(2)(e)—after "Bulletin Board information" wherever occurring insert in each case:

   , GSOO information

10. Regulation 10(3), definition of prescribed amount, (b)—after "AEMO" insert:

    or the AER

11. Regulation 10(3), definition of prescribed amount—after paragraph (d) insert:

    (e)in relation to a person who gives GSOO information to AEMO—the amount obtained by deducting from $20 million the aggregate of the amounts already paid by the person in discharge of the person's civil monetary liabilities to persons suffering losses as a result of relevant events occurring during the same prescribed 12 month period as that in which the relevant event occurred;

12. Regulation 10(3), definition of relevant event, (b)—delete paragraph (b) and substitute:

    (b)in relation to a person who gives Bulletin Board information to AEMO or the AER—a negligent act or omission, or a series of negligent acts or omissions, in giving Bulletin Board information to AEMO or the AER (as the case may be);

13. Regulation 10(3), definition of relevant event—after paragraph (bb) insert:

    (bc)in relation to a person who gives GSOO information to AEMO—a negligent act or omission, or a series of negligent acts or omissions, in giving GSOO information to AEMO;

5—Amendment of Schedule 3—Civil penalties

1. Schedule 3 Part 1—after "Section 91BRR(1)" insert:

   Section 91DB(1)

   Section 91DD

2. Schedule 3 Part 1—after "Rule 109" insert:

   Rule 135KE(3)

   Rule 135KG(3)

3. Schedule 3 Part 1—delete "Rule 152(6)(e), Rule 156(1), Rule 156(3), Rule 156(4), Rule 156(5), Rule 157, Rule 158B(1), Rule 158B(2) and Rule 158B(5)" and substitute:

   Rule 153(1)

   Rule 153(2)

   Rule 155(3)

   Rule 156(2)

   Rule 157(8)

   Rule 158(2)

4. Schedule 3 Part 1—after "Rule 165(4)" insert:

   Rule 171(2)

   Rule 171(6)

5. Schedule 3 Part 1—after "Rule 672(4)" insert:

   Schedule 1, clause 80(2)

6. Schedule 3 Part 2—delete "Section 223A"

7. Schedule 3 Part 2—after "Rule 135CE(2)" insert:

   Rule 135KG(1)

   Rule 135KG(2)

   Rule 135KG(4)

8. Schedule 3 Part 2—delete "Rule 158A(1) and Rule 158A(2)" and substitute:

   Rule 152(1)

   Rule 152(2)

   Rule 171(5)

Made by the Governor

on the unanimous recommendation of the Ministers of the participating jurisdictions and with the advice and consent of the Executive Council

on 23 June 2022

No 49 of 2022