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

For the purposes of section 15B(2)(g) of the Act, this regulation makes provision for civil penalties in connection with the scheme.

The provisions of the National

Electricity (South Australia) Law (the Law) that relate to the creation and imposition of civil penalties are applied for the purposes of the scheme with the following modifications:

section 2AA of the Law (as it applies under this regulation) is modified so that a civil penalty provision includes a relevant regulation, and the other provisions of the Law that refer to a civil penalty provision will be taken to include a reference to a relevant regulation;

section 2AB of the Law (as it applies under this regulation) is modified so that—

the designated tier 1 regulations are taken to be civil penalty provisions prescribed by the Regulations under section 2AB(1)(c);

and

the designated tier 2 regulations are taken to be civil penalty provisions prescribed by the Regulations under section 2AB(1)(b);

section 61 of the Law (as it applies under this regulation) is modified so that an application to the Court in respect of a breach of a relevant regulation may be made by the Scheme Regulator on behalf of the State (as if a breach of a relevant regulation were a breach of the

Regulations);

sections 62 and 64 of the Law (as they apply under this regulation) are modified so that a reference to a breach of the Regulations includes a breach of a relevant regulation;

section 69 of the Law (as it applies under this regulation) is modified so that a civil penalty with respect to a breach of a relevant regulation is payable to the State for payment into the Fund;

Part 6 Division 5 of the Law (as it applies under this regulation) is modified so that—

a reference to a tier 1 civil penalty provision includes a reference to a designated tier 1 regulation; and

a reference to a tier 2 civil penalty provision includes a reference to a designated tier 2 regulation; and

a reference to the AER were a reference to the Scheme

Regulator;

Schedule 2 clause 37A of the Law (as it applies under this regulation) is modified so that a reference to a civil penalty amount includes a reference to a civil penalty amount payable with respect to a breach of a relevant regulation.

In this regulation—

designated tier 1 regulation means any of the following:

regulation 22(2);

regulation 22(4);

regulation 23(6);

regulation 24(6);

regulation 25(7);

regulation 26(7);

regulation 29(3);

regulation 30(4);

regulation 31;

regulation 33(1);

designated tier 2 regulation means any of the following:

regulation 15(3) (in relation to a regulated entity);

regulation 16(1) (in relation to a regulated entity);

regulation 27(7);

regulation 32;

regulation 33(6);

relevant regulation means a designated tier 1 regulation or designated tier 2 regulation.