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

The Minister may appoint a person or body to carry out—

scheme administration functions (a Scheme

Administrator); or

scheme regulation functions (a Scheme

Regulator).

The Minister may—

appoint 2 or more persons or bodies as a Scheme Administrator or

Scheme Regulator; and

divide various functions between persons or bodies appointed under subregulation (1), including so as to allow 1 entity to perform the functions of another entity referred to in that subregulation, as provided in the relevant instrument or instruments of appointment or as otherwise determined by the Minister from time to time.

The Scheme Administrator may appoint a person or body to carry out scheme financial functions (the Financial Vehicle) and, in so acting, the Financial Vehicle will be a trustee in—

administering the Fund; and

entering into, or becoming a party to, FERM contracts.

The trust arising on account of subregulation (3)—

is a statutory trust; and

is not subject to the operation of the

Trustee

Act 1936.

In addition, the appointing authority (being the Minister or the

Scheme Administrator) may authorise a person or body appointed as a scheme entity under this regulation to appoint another person or body to undertake any scheme function that has been conferred on the person or body by the initial appointment.

A person or body appointed under subregulation (5)—

may perform functions specified in the instrument of appointment that has been conferred on the scheme entity that made the appointment;

and

in so doing will be—

subject to the direction and control of the scheme entity that made the appointment; and

taken to be a scheme entity for the purposes of these regulations.

In the performance of a function under these regulations, a person or body appointed under this regulation is not, except as otherwise provided by these regulations, subject to the direction or control of the

Minister.

The appointment of a person or body under this regulation may be made on any terms or conditions determined by the relevant appointing authority.