Part 1 — Preliminary
s 1 Short title s 3 Interpretation s 4 Crown to be bound s 5 Extra-territorial operation Part 2 — National Electricity (South Australia) Law and National Electricity (South Australia) Regulations
s 6 Application in South Australia of National Electricity Law s 7 Application of regulations under National Electricity Law s 8 Interpretation of some expressions in National Electricity (South Australia) Law and National Electricity (South Australia) Regulations Part 4 — Making of regulations and rules under National Electricity Law
s 10 Definitions s 11 General regulation-making power for National Electricity Law s 12 Specific regulation-making power s 13 Making of rules Part 5 — General
s 14 Freedom of information s 15 Conferral of functions and powers on Commonwealth bodies s 15A Regulation‑making power for the purposes of the National Electricity (South Australia) Law s 15B Regulation‑making power for purposes of scheme and fund in relation to electricity capacity Part 6 — Transfer of economic regulation of electricity distribution to AER—local provisions
s 16 Interpretation s 17 Provision of information and assistance by ESCoSA s 18 Price determinations Part 7 — AEMO's additional advisory functions
s 19 AEMO's additional advisory functions Part 8 — Validation of instruments and decisions of AER
s 20 Validation of instruments and decisions made by AER s 21 AER—authorisation of preparatory steps Schedule — National Electricity Law
Part 1 — Preliminary
s 1 Citation s 2 Definitions s 2A Meaning of access dispute s 2AA Meaning of civil penalty provision and conduct provision s 2AB Civil penalty amounts for breaches of civil penalty provisions s 2B Meaning of direct control network service s 2C Meaning of negotiated network service s 2D Meaning of regulatory obligation or requirement s 2E Meaning of regulatory payment s 2F Form of regulation factors s 2G Related bodies corporate s 3 Interpretation generally s 4 Savings and transitionals s 5 Participating jurisdictions s 6 Ministers of participating jurisdictions s 6A Nominated distributors s 6B Regulated stand‑alone power systems s 7 National electricity objective s 7AA Regulations may prescribe matters for national electricity objective s 7A Revenue and pricing principles s 7B Innovative trial principles s 8 MCE statements of policy principles s 9 National Electricity Rules to have force of law s 10 Application of this Law and Regulations to coastal waters of this jurisdiction s 10A Corporations Act displacement Part 2 — Participation in the National Electricity Market
Division 1 — Registration
s 11 Electricity market activities in this jurisdiction s 12 Registration or exemption of persons participating in national electricity market s 13 Exemptions for transmission system or distribution system owners, controllers and operators s 14 Evidence of registration or exemption Division 2 — Regulated network service providers
s 14A Regulated transmission system operator must comply with transmission determination s 14B Regulated distribution system operator must comply with distribution determination Part 2A — Retailer Reliability Obligation
Division 1 — General
s 14C Definitions s 14D Meaning of liable entity for a region s 14E Process for non‑liable persons to opt in to reliability obligations Division 2 — Reliability forecasts and instruments
s 14F Annual forecast for reliability gaps s 14G Meaning of forecast reliability gap, forecast reliability gap period, T‑3 cut‑off day and T‑1 cut‑off day s 14H Rules must provide timetable for reliability forecasts, requests and instruments s 14I AEMO must request reliability instrument s 14J AEMO may correct request for reliability instrument s 14JA Minister may make T‑3 reliability instrument s 14K AER may make reliability instrument for a region s 14L Reliability instrument has force of law s 14M Failure to comply with consultation obligation does not affect validity Division 3 — Reliability obligations
s 14N Application of Division s 14O Meaning of qualifying contract and net contract position s 14P Obligation to report net contract position s 14Q Adjustment of net contract position after contract position day s 14R Obligation to have contracted sufficiently for one-in-two year peak demand forecast s 14S Obligation to maintain net contract position Division 4 — AEMO as procurer of last resort
s 14T AEMO may recover costs for procurer of last resort function Part 3 — Functions and powers of the Australian Energy Regulator
Division 1 — General
s 15 Functions and powers of AER s 16 Manner in which AER performs AER economic regulatory functions or powers s 17 Delegations s 18 Confidentiality Division 1A — Wholesale electricity markets—AER monitoring and reporting functions
Subdivision 1 — Preliminary
s 18A Definitions s 18B Meaning of effective competition s 18C AER wholesale market monitoring and reporting functions s 18D Information to be treated as confidential s 18E Redaction of information Subdivision 2 — Use of general information gathering powers
s 18EA Limits on use of section 28 information gathering powers s 18EB Matters to be considered before using section 28 information gathering powers Subdivision 3 — Market monitoring information notices and market monitoring information orders
s 18EC Definitions s 18ED Urgent notices and urgent orders s 18EE Content of notices and orders s 18EF Notices and orders may be made for both past and future information s 18EG Making and serving notices and orders s 18EH AER must consult before making order s 18EI Publication of orders s 18EJ Opportunity to be heard before notice served s 18EK Compliance with notice s 18EL Compliance with order s 18EM Certification of compliance by statutory declaration s 18EN Subdivision does not limit powers under Division 3 Subdivision 4 — Miscellaneous
s 18EO Wholesale market monitoring guidelines s 18EP Review of wholesale market monitoring powers Division 1B — Rate of return instrument
Subdivision 1 — Preliminary
s 18F Definitions s 18G Rate of return instrument has force of law s 18H Rate of return instrument is binding on AER and network service providers Subdivision 2 — Requirement to make rate of return instrument
s 18I AER to make rate of return instrument s 18J Content of rate of return instrument Subdivision 3 — Consultation requirements
s 18K Process for making rate of return instrument s 18L Other matters AER must have regard to in making instrument s 18M Requirements before publishing draft instrument s 18N Consumer reference group s 18O Publication of draft instrument and other information s 18P Report about draft instrument by independent panel s 18Q Publication of explanatory information s 18R Failure to comply does not affect validity Subdivision 4 — Publication, review and other matters
s 18S Publication of rate of return instrument s 18T Commencement and duration of instrument s 18U Review and replacement of instrument s 18V Application of instrument s 18W Rate of return instrument may apply for this Law and the National Gas Law Subdivision 5 — Confidentiality of information
s 18X Confidentiality s 18Y Disclosure of information given in confidence Division 1C — Retailer Reliability Obligation—AER compliance regime
s 18Z Definitions s 18ZA Obligation of AER to monitor compliance s 18ZB Obligation of regulated entities to establish arrangements to monitor compliance s 18ZC Obligation of regulated entities to keep records s 18ZD Obligation of regulated entities to provide information and data about compliance s 18ZE Compliance audits by AER s 18ZF Compliance audits by regulated entities s 18ZG Carrying out compliance audit s 18ZH Use of information s 18ZI Reliability Compliance Procedures and Guidelines Division 1D — AER trial waiver functions
s 18ZJ Definitions s 18ZK Interpretative matters s 18ZL Trial waiver s 18ZM Conditions of trial waiver s 18ZN Consultation on trial waiver s 18ZO Publication etc of trial waiver s 18ZP Duration of trial waiver s 18ZQ Extension of trial waiver s 18ZR Compliance with trial waiver s 18ZS Revocation of trial waiver s 18ZT Other matters Division 2 — Search warrants
s 19 Definitions s 20 Authorised person s 20A Identity cards s 20B Return of identity cards s 21 Search warrant s 22 Announcement of entry and details of warrant to be given to occupier or other person at premises s 23 Announcement before entry s 24 Copies of seized documents s 25 Retention and return of seized documents or things s 26 Extension of period of retention of documents or things seized s 27 Obstruction of person authorised to enter Division 3 — General information gathering powers
s 28 Power to obtain information and documents in relation to performance and exercise of functions and powers Division 4 — Regulatory information notices and general regulatory information orders
Subdivision 1 — Interpretation
s 28A Definitions s 28B Meaning of contributing service s 28C Meaning of general regulatory information order s 28D Meaning of regulatory information notice s 28E Division does not limit operation of information gathering powers under Division 3 Subdivision 2 — Serving and making of regulatory information instruments
s 28F Service and making of regulatory information instruments s 28G Additional matters to be considered for related provider regulatory information instruments s 28H AER must consult before publishing a general regulatory information order s 28I Publication requirements for general regulatory information orders s 28J Opportunity to be heard before regulatory information notice is served Subdivision 3 — Form and content of regulatory information instruments
s 28K Form and content of regulatory information instrument s 28L Further provision about the information that may be specified in a regulatory information instrument s 28M Further provision about manner in which information must be provided to AER or kept Subdivision 4 — Compliance with regulatory information instruments
s 28N Compliance with regulatory information notice that is served s 28O Compliance with general regulatory information order s 28OA Confidentiality issues s 28OB Disclosure of information given to AER in compliance with regulatory information instrument s 28P Exemptions from compliance with general regulatory information order s 28Q Assumptions where there is non-compliance with regulatory information instrument Subdivision 5 — General
s 28R Providing to AER false and misleading information s 28S Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument s 28T Legal professional privilege not affected s 28U Protection against self-incrimination Division 5 — Network service provider performance reports
s 28V Preparation of network service provider performance reports Division 6 — Disclosure of confidential information held by AER
s 28W Authorised disclosure of information given to the AER in confidence s 28X Disclosure with prior written consent is authorised s 28Y Disclosure for purposes of court and tribunal proceedings and to accord natural justice s 28YA Disclosure of information to Energy Security Board s 28Z Disclosure of information given to the AER with confidential information omitted s 28ZA Disclosure of information given in confidence does not identify anyone s 28ZAA Disclosure of information in an aggregated form s 28ZAB Disclosure of information that has entered the public domain s 28ZB Disclosure of information authorised if detriment does not outweigh public benefit Division 7 — Miscellaneous matters
s 28ZC Consideration by the AER of submissions made to it under this Law s 28ZD Use of information provided under a notice under section 28 or a regulatory information instrument s 28ZE AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices s 28ZF AER Guidelines s 28ZG AER must report to MCE if it does not make network revenue or pricing determination within time s 28ZH Single documentation s 28ZI Use of information Part 4 — Functions and powers of the Australian Energy Market Commission
Division 1 — General
s 29 Functions and powers of the AEMC s 30 Delegations s 31 Confidentiality s 32 AEMC must have regard to national electricity objective s 32A Targets statement for greenhouse gas emissions targets s 33 AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews Division 2 — Rule making functions and powers of the AEMC
s 34 Rule making powers s 35 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent s 36 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches s 37 Documents etc applied, adopted and incorporated by Rules to be publicly available Division 3 — Committees, panels and working groups of the AEMC
s 38 The Reliability Panel s 39 Establishment of committees and panels (other than the Reliability Panel) and working groups Division 4 — MCE directed reviews
s 41 MCE directions s 42 Terms of reference s 43 Notice of MCE directed review s 44 Conduct of MCE directed review Division 5 — Other reviews
s 45 Reviews by AEMC Division 6 — Miscellaneous
s 46 AEMC must publish and make available up to date versions of Rules s 47 Fees s 48 Confidentiality of information Part 5 — Role of AEMO under National Electricity Law
Division 1 — General
s 49 AEMO's statutory functions s 49A AEMO's power to carry out statutory functions s 49B Delegation Division 2 — AEMO's adoptive jurisdiction functions
Subdivision 1 — Preliminary
s 50 Application of this Division s 50A AEMO to account to relevant Minister for performance of adoptive functions Subdivision 2 — AEMO's additional advisory functions
s 50B Additional advisory functions Subdivision 3 — AEMO's declared network functions
s 50C AEMO's declared network functions s 50D Network agreement s 50E Connection agreements s 50F Augmentation s 50G AEMO to have qualified exemption for performing statutory functions s 50H Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement s 50J General principles governing determinations Division 3 — Information etc to be provided to Ministers
s 51 Ministerial request s 51A Compliance with request s 51B Quarterly report Division 4 — Fees and charges
s 52 AEMO fees and charges Division 5 — Information gathering
s 53 Information gathering powers s 53A Making and publication of general market information order s 53B Service of market information notice s 53C Compliance with market information instrument s 53D Use of information s 53E Providing false or misleading information Division 6 — Protected information
Subdivision 1 — AEMO's obligation to protect information
s 54 Protected information Subdivision 2 — Disclosure of protected information held by AEMO
s 54A Authorised disclosure of protected information s 54B Disclosure with prior written consent s 54C Disclosure required or permitted by law etc s 54CA Authorised disclosure to particular entities for data sharing purposes s 54CB Disclosure of protected information by officer or employee of, or consultant to, AEMO s 54D Disclosure for purposes of court and tribunal proceedings s 54E Disclosure of document with omission of protected information s 54F Disclosure of non-identifying information s 54FA Disclosure of information in an aggregated form s 54G Disclosure of protected information for safety, proper operation of the market etc s 54H Disclosure of protected information authorised if detriment does not outweigh public benefit Division 7 — AEMO's statutory funds
s 55 Definitions s 55A AEMO's Rule funds s 55B Payments into and out of Rule funds s 55C Investment Part 5A — Functions and powers of Minister of this participating jurisdiction
s 57A Functions and powers of Minister of this participating jurisdiction Part 5B — Functions and powers of Tribunal
s 57B Functions and powers of Tribunal under this Law Part 6 — Proceedings under the National Electricity Law
Division 1 — General
s 59 Instituting civil proceedings under this Law Division 1A — Enforceable undertakings
s 59A Enforceable undertakings Division 2 — Proceedings by the AER in respect of this Law, the Regulations and the Rules
s 60 Time limit within which AER may institute proceedings s 61 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences s 61A Proceedings for declaration that a person has breached a conduct provision s 61B Actions for damages by persons for breach of conduct provisions s 62 Additional Court orders s 63 Orders for disconnection in certain circumstances where there is no breach s 64 Matters for which there must be regard in determining amount of civil penalty s 65 Breach of a civil penalty provision is not an offence s 66 Breaches of civil penalty provisions involving continuing failure s 67 Conduct in breach of more than one civil penalty provision s 67A Conduct in breach of reliability obligation civil penalty provision s 68 Persons involved in breach of civil penalty provision or conduct provision s 68A Attempt to breach civil penalty provision s 69 Civil penalties payable to the Commonwealth Division 2A — Proceedings before, and awards etc of, Dispute resolution panels
s 69A Commercial Arbitration Acts apply to proceedings before Dispute resolution panels Division 3 — Judicial review of decisions and determinations under this Law, the Regulations and the Rules
s 70 Applications for judicial review s 71 Appeals on questions of law from decisions or determinations of Dispute resolution panels Division 3A — Merits review and other non-judicial review
Subdivision 1 — Interpretation
s 71A Definitions Subdivision 3 — Tribunal review of information disclosure decisions
s 71S Application for review s 71T Exclusion of public in certain cases s 71U Determination in the review s 71V Tribunal must be taken to have affirmed decision if decision not made within time s 71W Assistance from AER or AEMO Subdivision 4 — General
s 71X Costs in a review s 71Y Amount of costs Division 3B — Enforcement of access determinations
s 71ZA Enforcement of access determinations s 71ZB Consent injunctions s 71ZC Interim injunctions s 71ZD Factors relevant to granting a restraining injunction s 71ZE Factors relevant to granting a mandatory injunction s 71ZF Discharge or variation of injunction or other order Division 4 — Other civil proceedings
s 72 Obligations under Rules to make payments Division 5 — Infringement notices
s 73 Definitions s 74 Power to serve a notice s 75 Form of notice s 76 Infringement penalties s 77 AER cannot institute proceedings while infringement notice on foot s 78 Late payment of penalty s 79 Withdrawal of notice s 80 Refund of infringement penalty s 81 Payment expiates breach of civil penalty provision s 82 Payment not to have certain consequences s 83 Conduct in breach of more than one civil penalty provision Division 6 — Miscellaneous
s 85 Offences and breaches by corporations s 86 Corporations also in breach if officers and employees are in breach Part 7 — The making of the National Electricity Rules
Division 1 — General
Subdivision 1 — Interpretation
s 87 Definitions Subdivision 2 — Rule making tests
s 88 Application of national electricity objective s 88A AEMC must take into account form of regulation factors in certain cases s 88B AEMC must take into account revenue and pricing principles in certain cases s 88C AEMC must take into account innovative trial principles in certain cases s 89 AEMC must have regard to certain matters in relation to the making of jurisdictional derogations Division 2 — Minister initiated National Electricity Rules
Subdivision 1 — Initial Rules made by South Australian Minister
s 90 South Australian Minister to make initial National Electricity Rules s 90A South Australian Minister to make further Rules relating to distribution determinations consumer advocacy and other matters s 90AB South Australian Minister to make initial Rules relating to consumer data right and further Rules relating to disclosure of data s 90B South Australian Minister to make initial Rules related to AEMO's functions under this Law s 90BA South Australian Minister may make consequential Rules relating to rate of return instrument s 90C South Australian Minister to make initial Rules related to smart meters s 90D South Australian Minister may make initial Rules relating to implementation of NERL and NERR s 90DA South Australian Minister to make initial Rules relating to regulatory sandboxing s 90E South Australian Minister to make initial Rules relating to Energy Consumers Australia s 90EA South Australian Minister to make initial Rules relating to Retailer Reliability Obligation s 90EB South Australian Minister to make initial Rules relating to stand‑alone power systems s 90EC South Australian Minister to make initial Rules relating to Ministerial reliability instrument s 90ED South Australian Minister may make initial Rules relating to national electricity objective s 90EE South Australian Minister to make initial Rules relating to data access s 90EF South Australian Minister to make initial Rules relating to wholesale market monitoring matters s 90EG South Australian Minister to make initial Rules relating to orderly exit management s 90EH South Australian Minister to make initial Rules relating to credit support for RoLR events Subdivision 2 — Rules made by Minister from time to time
s 90F South Australian Minister may make Rules on recommendation of MCE and Energy Security Board Division 3 — Procedure for the making of a Rule by the AEMC
s 91 Initiation of making of a Rule s 91A AEMC may make more preferred Rule in certain cases s 91B AEMC may make Rules that are consequential to a Rule request s 92 Contents of requests for Rules s 92A Waiver of fee for Rule requests s 93 Consolidation of 2 or more Rule requests s 94 Initial consideration of request for Rule s 94A AEMC may request further information from Rule proponent in certain cases s 95 Notice of proposed Rule s 96 Publication of non-controversial or urgent final Rule determination s 96AA Publication of final Rule determination for trial Rule s 96A "Fast track" Rules where previous public consultation by electricity market regulatory body or an AEMC review s 97 Right to make written submissions and comments s 98 AEMC may hold public hearings before draft Rule determination s 99 Draft Rule determinations s 100 Right to make written submissions and comments in relation to draft Rule determination s 101 Pre-final Rule determination hearings s 102 Final Rule determinations s 102A Proposal to make more preferable Rule s 103 Making of Rule s 104 Operation and commencement of Rule s 104A Extension of trial Rule s 104B AEMC may impose requirements on proponent of trial project on making trial Rule s 104C AEMC may revoke trial Rule on recommendation of AER s 104D Special provision for revocation of trial Rule s 105 Rule that is made to be published on website and made available to the public s 106 Evidence of the National Electricity Rules Division 4 — Miscellaneous provisions relating to Rule making by the AEMC
s 107 Extensions of periods of time in Rule making procedure s 107A AEMC may extend period of time for making of final Rule determination for further consultation s 108 AEMC may publish written submissions and comments unless confidential s 108A AEMC must publicly report on Rules not made within 12 months of public notification of requests s 108B Subsequent rule making by AEMC Part 8 — Safety and security of the National Electricity System
s 109 Definitions s 110 Appointment of jurisdictional system security coordinator s 111 Jurisdictional system security coordinator to prepare jurisdictional load shedding guidelines s 112 AEMO to develop load shedding procedures for each participating jurisdiction s 113 Exchange of information s 114 AEMO to ensure maintenance of supply of sensitive loads s 115 Shedding and restoring of loads s 115A Determination of customer load shedding arrangement s 116 Actions that may be taken to ensure safety and security of national electricity system s 117 AEMO to liaise with Minister of this jurisdiction and others during an emergency s 118 Obstruction and non-compliance Part 8AA — Orderly exit management
Division 1 — Preliminary
s 118AA Definitions s 118AB Application of Part to jurisdiction Division 2 — Mandatory operation direction
s 118AC Generating units that may be subject to mandatory operation direction s 118AD Mandatory operation direction s 118AE Registered participant must comply with mandatory operation direction s 118AF Minister to make information public s 118AG AEMO to make information public s 118AH Voluntary agreement s 118AI Mandatory operation direction applies to affiliates s 118AJ Amendment of mandatory operation direction s 118AK Termination of mandatory operation direction s 118AL Closure of generating unit after mandatory operation period s 118AM Compliance with obligations after closure of generating unit Division 3 — Information and reporting
s 118AN AEMO and AER may disclose information s 118AO Information must be given to AER s 118AP AER may request other information s 118AQ Information disclosure s 118AR Annual performance report Division 4 — Financial matters
Subdivision 1 — Financial vehicle
s 118AS Establishment and functions of financial vehicle Subdivision 2 — Orderly exit management fund
s 118AT Establishment of orderly exit management fund s 118AU Payments into orderly exit management fund s 118AV Payments from orderly exit management fund s 118AW Payments where mandatory operation direction not made s 118AX Payments where voluntary agreement made Subdivision 3 — Payments to and by MOD generators
s 118AY Ministerial order s 118AZ Excluded matter Subdivision 4 — Orderly exit management cost recovery mechanism
s 118AZA Orderly exit management contributions s 118AZB Public notice of orderly exit management contributions s 118AZC Orderly exit management payments by distribution network service providers s 118AZD Cost recovery by distribution network service providers Division 5 — Miscellaneous
s 118AZE Minister not required to take certain actions before making mandatory operation direction s 118AZF No liability for enactment or operation of Part s 118AZG Review of Part s 118AZH Consultation between NSW and ACT Part 8A — Smart metering services
Division 1 — Interpretation
s 118A Definitions Division 2 — Ministerial pilot metering determinations
s 118B Ministerial pilot metering determinations s 118C Consultation with interested persons required before making Ministerial pilot metering determination Division 4 — Provisions applicable to Ministerial smart metering determinations
s 118F Compliance with Ministerial smart metering determinations s 118G Minister of participating jurisdiction must consult with other participating jurisdiction Ministers s 118H Content of Ministerial smart metering determinations s 118I Publication and giving of Ministerial smart metering determinations s 118J When Ministerial smart metering determinations take effect s 118K AEMC must publish Ministerial smart metering determination it receives on its website Part 9 — Immunities
s 119 Immunity of AEMO and network service providers s 120 Immunity in relation to failure to supply electricity s 120A Immunity in relation to use of computer software s 120B Immunity from liability—dispute resolution s 121 Immunity from personal liability of AEMC officials s 122 Immunity from personal liability of Reliability Panel Part 10 — Access Disputes
Division 1 — Interpretation and application
s 123 Definitions s 124 Part does not limit how disputes about access may be raised or dealt with Division 2 — Notification of access dispute
s 125 Notification of access dispute s 126 Withdrawal of notification s 127 Parties to an access dispute Division 3 — Access determinations
s 128 Determination of access dispute s 129 AER may require parties to mediate, conciliate or engage in an alternative dispute resolution process s 130 Access determination must give effect to network revenue or pricing determination s 131 AER may terminate access dispute in certain cases s 132 AER must terminate access dispute if there is genuine competition s 133 Restrictions on access determinations s 134 Access determination need not require the provision of an electricity network service Division 4 — Variation of access determinations
s 135 Variation of access determinations Division 5 — Compliance with access determinations
s 136 Compliance with access determination Division 6 — Access dispute hearing procedure
s 137 Hearing to be in private s 138 Right to representation s 139 Procedure of AER s 140 Particular powers of AER in a hearing s 141 Disclosure of information s 142 Power to take evidence on oath or affirmation s 143 Failing to attend as a witness s 144 Failing to answer questions etc s 145 Intimidation etc s 146 Party may request AER to treat material as confidential s 147 Costs s 148 Outstanding costs are a debt due to party awarded the costs Division 7 — Joint access dispute hearings
s 149 Definition s 150 Joint dispute hearing s 151 Consulting the parties s 152 Constitution and procedure of AER for joint dispute hearings s 153 Record of proceedings etc Division 8 — Miscellaneous matters
s 154 Correction of access determinations for clerical mistakes etc s 155 Subsequent network service provider bound by access determinations s 156 Regulations about the charges to be paid by parties to access dispute for AER's costs in dispute hearing Part 11 — General
s 157 Preventing or hindering access s 158 Failure to make a decision under this Law or the Rules within time does not invalidate the decision s 159 Penalty privilege s 160 Court may grant relief from liability Schedule 1 — Subject matter for the National Electricity Rules
Schedule 2 — Miscellaneous provisions relating to interpretation
Part 1 — Preliminary
s 1 Displacement of Schedule by contrary intention Part 2 — General
s 2 Law to be construed not to exceed legislative power of Legislature s 2A Changes of drafting practice not to affect meaning s 3 Every section to be substantive enactment s 4 Material that is, and is not, part of Law s 5 References to particular Acts and to enactments s 6 References taken to be included in Act or Law citation etc s 7 Interpretation best achieving Law's purpose s 8 Use of extrinsic material in interpretation s 9 Compliance with forms Part 3 — Terms and references
s 10 Definitions s 11 Provisions relating to defined terms and gender and number s 12 Meaning of may and must etc s 13 Words and expressions used in statutory instruments s 14 References to Minister s 15 Production of records kept in computers etc s 16 References to this jurisdiction to be implied s 17 References to officers and holders of offices s 18 Reference to certain provisions of Law Part 4 — Functions and powers
s 19 Performance of statutory functions s 20 Power to make instrument or decision includes power to amend or repeal s 21 Matters for which statutory instruments may make provision s 22 Presumption of validity and power to make s 23 Appointments may be made by name or office s 24 Acting appointments s 25 Powers of appointment imply certain incidental powers s 26 Delegation s 27 Exercise of powers between enactment and commencement Part 5 — Distance and time
s 28 Matters relating to distance and time Part 6 — Service of documents
s 29 Service of documents and meaning of service by post etc s 30 Meaning of service by post etc Part 6A — Evidentiary matters
Division 1 — Publication on websites
s 31AA Definitions s 31AB Publication of relevant AER decisions on websites Division 2 — Evidentiary certificates
s 31AC Definitions s 31AD Evidentiary certificates—AER s 31AE Evidentiary certificates—AEMC s 31AF Evidentiary certificates—AEMO Part 6B — Commencement of this Law and Statutory instruments
s 31AH Time of commencement of this Law or a provision of this Law s 31AI Time of commencement of a Rule Part 7 — Effect of repeal, amendment or expiration
s 31 Time of Law, the Regulations or Rules ceasing to have effect s 32 Repealed Law, Regulation or Rule provisions not revived s 33 Saving of operation of repealed Law, Regulation or Rule provisions s 34 Continuance of repealed provisions s 35 Law and amending Acts to be read as one Part 8 — Offences under this Law
s 36 Penalty at end of provision s 37 Penalty other than at end of provision s 37A Indexation of civil penalty amounts s 37B Indexation of criminal penalties s 38 Indictable offences and summary offences s 39 Double jeopardy s 40 Aiding and abetting, attempts etc Part 9 — Instruments under this Law
s 41 Schedule applies to statutory instruments s 41A Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law s 41B Reliability instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law s 42 National Electricity Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law s 43 Invalid Rules s 43A Invalid rate of return instrument Schedule 3 — Savings and transitionals
Part 1 — General
s 1 Definitions Part 2 — General savings provision
s 2 Saving of operation of old National Electricity Law Part 3 — National Electricity Code changes
s 3 Current Code change and derogation proposals to be dealt with under this Law s 4 Current jurisdictional derogation proposals to be made under this Law s 4A Transitional arrangements relating to additional Minister initiated Rules Part 4 — Registration
s 5 Code participants deemed to be Registered participants s 6 Exemptions Part 5 — References to the National Electricity Code and specific provisions or terms
s 7 References to the National Electricity Code s 8 References to provisions of the National Electricity Code s 9 References to Code participants Part 6 — Investigations and proceedings
s 10 Investigations into breaches and possible breaches of the Code s 10A AER may conduct investigations into breaches or possible breaches of NEL not investigated by NECA s 10B AER may bring proceedings in relation to breaches of National Electricity Code in the Court Part 7 — Funds
s 11 Civil penalties fund Part 8 — Other
s 12 Continuation of Reliability Panel s 13 Jurisdictional system security coordinator s 14 Rights under certain change of law provisions in agreements or deeds not to be triggered s 15 Certain undertakings to cease effect on commencement day Part 9 — Tasmanian participation in the national electricity market
s 16 Jurisdictional derogations relating to Tasmania's entry into national electricity market s 17 Definition of national electricity system to permit Tasmania to participate in national electricity market before commissioning of Basslink s 18 Operation and effect of Rule 6A.21.2 of the National Electricity Rules Part 10 — Transitional provisions related to AEMO amendments
s 19 Definitions s 20 Interaction between this Part and jurisdictional transitional arrangements s 21 Recovery of costs of transition s 22 Transitional special project expenditure s 23 Interpretation of obsolete references Part 11 — Application of National Energy Retail Law amendments
s 24 Application of National Energy Retail Law amendments Part 12 — Transitional provision related to ECA amendments
s 25 Transitional provision—AEMO's consumer advocacy funding obligation Part 13 — Information publication
s 26 Information publication Part 14 — Transitional provision related to AER wholesale market reporting functions
s 27 Transitional provision related to AER wholesale market reporting functions Part 15 — Transitional provision related to AEMC rule making powers
s 28 AEMC rule making powers Part 16 — Transitional provisions for rate of return instrument
s 29 Definitions s 30 Making first rate of return instrument if review not completed before commencement s 31 Making first rate of return instrument if review completed before commencement s 32 Application of this Law to particular decisions Part 17 — Savings and transitional provisions related to Ministerial Council on Energy amendments
s 33 Definitions s 34 References to Ministerial Council on Energy s 35 Rights under certain change of law provisions in agreements or deeds not to be triggered s 36 Rights under contracts etc s 37 Saving of decisions etc Part 18 — Transitional provisions related to national electricity objective amendments
s 38 Definitions s 39 When amended objective takes effect for particular matters s 40 Application of national electricity objective to particular matters in progress on start day s 41 Administrative guidance about decisions under clause 40(3) s 42 Administrative guidance about value of greenhouse gas emissions s 43 Validation of things done in relation to Rules before commencement 