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reg 33

Reliability and market liquidity obligations

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Part 8Related obligations on market participants

33 Reliability and market liquidity obligations

(1)

To support or facilitate the scheme's purpose—

(a)

a Market Customer is required to act in accordance with any reliability obligation; and

(b)

a recognised electricity entity, or a new designated electricity entity who is a party to a contract under regulation 24, is required to act in accordance with any market liquidity obligation.

(2)

For subregulation (1)—

(a)

the reliability obligation is an obligation to undertake certain contracting activities, and to take related steps, in the NEM by purchasing a certain number of contracts, or having a certain net contracting position, over a particular period, in accordance with requirements specified by the Minister's guidelines; and

(b)

the market liquidity obligation is an obligation to undertake certain contracting activities, and to take related steps, in the

NEM by offering a certain number of contracts, or having a certain net contracting position, over a particular period, in accordance with requirements specified by the Minister's guidelines.

(3)

The Minister's guidelines may (without limitation) may make provision for—

(a)

the application of an obligation as it applies to certain Market

Customers, recognised electricity entities, or new designated electricity entities who are parties to contracts under regulation 24, or in relation to certain contracts or contracting positions; and

(b)

the nature of an obligation; and

(c)

the transfer of an obligation to another a person;

and

(d)

any other matter that is considered by the Minister as being necessary or expedient for the purposes of this regulation.

(4)

The Minister may—

(a)

by notice in writing to a person who would otherwise be required to comply with an obligation under this regulation and to the Scheme Regulator, exempt the person from the need to comply with the obligation;

and

(b)

by subsequent notice in writing to the relevant person and to the

Scheme Regulator, revoke an exemption under this subregulation.

(5)

The Scheme Regulator's guidelines may (without limitation) make provision for reporting requirements in connection with the operation of this regulation.

(6)

A person who is required to comply with an obligation under this regulation must comply with any reporting requirements that apply in relation to the person under subregulation (5).

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