National Electricity (South Australia) (Firm Energy Reliability and Orderly Exit Management) Regulations 2025

The scheme regulation functions are—

to oversee the operation and performance of the scheme including (without limitation)—

to prepare and provide to the Minister an annual report on the operation and performance of the scheme, in accordance with any requirements of the Minister; and

subject to subregulation (3), to audit the performance of entities performing the scheme administration functions or the scheme financial functions to the extent determined to be necessary, appropriate or advisable by a Scheme Regulator or at the direction of the Minister; and

to review and approve any risk management framework, or any amended or substituted risk management framework, developed for the purposes of the scheme; and

to oversee and monitor compliance with the provisions of the scheme by scheme entities and regulated entities; and

in relation to Part 5Division 1—

to review a recognised electricity entity's NOI to ensure that the entity has acted in accordance with the Minister's guidelines and other relevant requirements applying under these regulations; and

to obtain further information about a recognised electricity entity about a capacity commitment provided in an NOI (to such extent as is reasonably necessary in the circumstances); and

to publish the results of any process undertaken under regulation 22 (to such extent as the Scheme

Regulator thinks fit); and

to determine assessable costs under a FERM contract in accordance with the Scheme Regulator's guidelines when considered by the Scheme Regulator to be reasonably required to protect the long-term financial interests of South

Australian electricity consumers; and

to issue contribution determinations, contribution notices and initial contribution notices for the purposes of the scheme; and

to administer the civil penalty scheme established by these regulations; and

any other functions conferred on a Scheme Regulator for the purposes of the scheme.

An annual report under subregulation (1)(a) may be included in the Scheme

Regulator's annual report under regulation 17.

A Scheme Regulator may appoint an independent person to carry out—

an audit envisaged by subregulation (1)(a)(ii); or

an audit of the activities of a Scheme Regulator under the scheme.