National Gas (South Australia) (Short Term Trading Market) Variation Regulations 2010 (SA)
South Australia
National Gas (South Australia) (Short Term Trading Market) Variation Regulations 2010
under the National Gas (South Australia) Act 2008
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of National Gas (South Australia) Regulations
Variation of regulation 10—Maximum civil monetary liabilities
Variation of Schedule 3—Civil penalties
Variation of Schedule 4—Conduct provisions
Part 1—Preliminary
1—Short title
These regulations may be cited as the National Gas (South Australia) (Short Term Trading Market) Variation Regulations 2010.
2—Commencement
These regulations come into operation on the day on which they are made.
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 Gas (South Australia) Regulations
4—Variation of regulation 10—Maximum civil monetary liabilities
Regulation 10(1)—after "purposes of section" insert:
91 FED,
Regulation 10(1)(a)—after subparagraph (i) insert:
(ia)in the case of the performance or exercise, or purported performance or exercise, of a function or power relating to AEMO's STTM functions—$2 million;
Regulation 10(1)—after paragraph (d) insert:
(da)the maximum amount of each person's civil monetary liability with respect to giving STTM information to AEMO to each person who suffers loss as a result of a relevant event is, in respect of that event, $2 million;
(db)however, if the amount of a person's civil monetary liability with respect to giving STTM information to AEMO in respect of that event (as affected, if at all, by paragraph (da)) 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;
Regulation 10(1)(e)—delete "paragraphs (a), (b), (c) and (d)" and substitute:
paragraphs (a) to (db) (inclusive)
Regulation 10—after subregulation (2) insert:
(2a)AEMO and each person who gives STTM information to AEMO must ensure that the following provisions are complied with in relation to claims against AEMO or a person who gives STTM information to AEMO alleging civil monetary liabilities in respect of relevant events:
(a)the claims must be dealt with in an orderly manner, without bad faith and with reasonable dispatch;
(b)a register must be maintained containing the following in relation to each claim lodged with it:
(i)a unique identifier assigned to the claim and linked to each entry in the register relating to the claim;
(ii)the date on which the claim was lodged;
(iii)the amount of the claim (if stated by the claimant);
(iv)the date or dates on which the relevant event to which the claim relates is alleged to have occurred;
(v)the date of payment of the claim;
(vi)the amount paid on the claim;
(c)separate running totals must be kept in the register of—
(i)the amounts of the claims (as stated by the claimants) in relation to relevant events alleged to have occurred during the same prescribed 12 month period; and
(ii)the amounts paid on the claims in relation to relevant events alleged to have occurred during the same prescribed 12 month period;
(d)the running totals kept in the register must be made available for inspection by the public, during ordinary business hours and at no fee, in each participating jurisdiction in which AEMO or the person who gives STTM information to AEMO carries on business;
(e)a person appointed by the AER must be allowed, at any time during ordinary business hours, to conduct inspections of the register and other records of AEMO or the person who gives STTM information to AEMO, and to question officers and employees of AEMO or the person who gives STTM information to AEMO, for the sole purpose of checking the accuracy of the register.
Regulation 10(3), definition of prescribed amount—after paragraph (b) insert:
(c)in relation to a person who gives STTM information to AEMO—the amount obtained by deducting from $100 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;
Regulation 10(3), definition of relevant event, (a)—after subparagraph (ii) insert:
(iia)AEMO's STTM functions;
Regulation 10(3), definition of relevant event—after paragraph (b) insert:
(ba)in relation to a person who gives STTM information to AEMO—a negligent act or omission, or a series of negligent acts or omissions, in giving STTM information to AEMO;
5—Variation of Schedule 3—Civil penalties
Schedule 3—after "Rule 138A(4)" insert:
Rule 369
Rule 380(1)
Rule 387
Rule 390(2)
Rule 399(1)
Rule 399(2)
Rule 399(5)
Rule 399(6)
Rule 410(1)
Rule 414(1)
Rule 418(3)
Rule 419(7)(b)
Rule 420(6)(b)
Rule 435(4)
Rule 436(4)
Rule 440(2)
Rule 440(3)
Rule 442(3)
Rule 442(4)
Rule 442(5)
Rule 445(3)
Rule 446(4)
Rule 470
Rule 474(4)
Rule 476(1)
Rule 478(1)
Rule 485(2)
Rule 487(3)
Rule 488(3)
Rule 488(10)
6—Variation of Schedule 4—Conduct provisions
Schedule 4—after "Rule 138AC" insert:
Rule 369
Rule 387
Rule 390(1)
Rule 394
Rule 399(1)
Rule 399(2)
Rule 399(5)
Rule 399(6)
Rule 410(1)
Rule 418(4)
Rule 419(7)(b)
Rule 420(6)(b)
Rule 421(1)
Rule 421(2)
Rule 421(3)
Rule 421(4)
Rule 421(6)
Rule 424(6)
Rule 435(4)
Rule 436(4)
Rule 440(3)
Rule 446(4)
Rule 452(6)
Rule 470
Rule 474(4)
Rule 476(1)
Rule 478(1)
Rule 485(2)
Rule 487(3)
Rule 488(3)
Rule 488(10)
Schedule 1, clause 26(4) and (7)
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 13 May 2010
No 32 of 2010
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