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reg 12

Scheme financial functions

In force
Part 3Scheme entities
Division 2Scheme entity functions

12 Scheme financial functions

(1)

The scheme financial functions are—

(a)

to administer the Fund, including by managing the receipt and expenditure of funds in accordance with the scheme; and

(b)

to enter into FERM contracts with long duration capacity providers in circumstances prescribed by these regulations; and

(c)

to monitor and enforce contractual performance and compliance by long duration capacity providers in respect of FERM contracts;

and

(d)

to provide information to the Scheme Regulator in connection with the contribution determination processes associated with the scheme, which may include—

(i)

compiling information that has been provided by other scheme entities for this purpose; and

(ii)

providing forecasts of the Financial Vehicle's financial liabilities under the scheme;; and

(e)

any other functions conferred on the Financial Vehicle under these regulations.

(2)

The trust assets of the Financial Vehicle acting as a trustee under these regulations are the Fund and the FERM contracts to which the Financial

Vehicle is a party.

(3)

The Financial Vehicle must, in connection with the operation of subregulation (1)(c), notify the Scheme Regulator if the

Financial Vehicle becomes aware that a long duration capacity provider has failed to comply with a capacity commitment under a FERM contract.

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