Pilbara Networks Access Code — light regulation
120C Pilbara Networks Access Code — light regulation
Provision is to be made in the Pilbara Networks Access Code for or in relation to the following matters in relation to covered Pilbara networks —
access by persons to services of covered Pilbara networks in accordance with —
Pilbara access agreements; or
determinations made by way of arbitration;
Pilbara access agreements and contracts to be subject to determinations or requirements of the Pilbara ISO;
network access pricing regulation principles;
the procedures, requirements, methodologies, guidelines, parameters, values and processes to be followed or used by a Pilbara network service provider in connection with prices, tariffs, revenue and costs;
the rights, powers and duties that are to apply to and in relation to the negotiation, making, and implementation of Pilbara access agreements;
the duties and requirements in relation to the provision of access to services that are to be complied with by a Pilbara network service provider;
requiring a Pilbara network service provider to develop and publish the following in relation to its services —
standing prices for connection and access to its services, including reasonable details of the methodologies and assumptions used in determining standing prices; and
standing terms for connection and access to its services; and
information to assist persons seeking connection and access to its services;
the circumstances in which a Pilbara network service provider may or may not offer or agree to different prices and terms for different Pilbara network users (including prices and terms determined in accordance with provisions made under paragraphs (c) to (g));
access to the services of stand‑alone power systems;
providing for the resolution of disputes in relation to connection and access to services or in relation to things done or omitted to be done by a Pilbara network service provider under the Pilbara Networks Access Code including —
arbitration of disputes by a person or body that is determined or appointed in accordance with the Pilbara Networks Access Code; and
the conferral of functions on a person or body arbitrating disputes;
conferring functions on the Authority, including —
supervisory and other functions for the purposes of the Pilbara Networks Access Code, including dispute resolution functions; and
the function of determining requirements (including prices and terms) in relation to access to services that are to be complied with by a Pilbara network service provider or a person seeking access to services and applied by a person or body arbitrating disputes; and
the issuing of guidelines for the purposes of this Division;
the obligations of Pilbara networks participants to comply with guidelines issued by the Authority;
the obligations of a Pilbara network service provider in respect of the segregation of the functions and business of providing services from the Pilbara network service provider’s other functions and business;
requiring the approval by the Authority of a proposed segregation referred to in paragraph (m) and enabling the Authority to amend the proposal or add to or waive any of the obligations;
services between related bodies corporate (as defined in the Corporations Act 2001 (Commonwealth) section 9);
conferring rights and imposing obligations on Pilbara networks participants;
regulating the disclosure and use of confidential or commercially sensitive information;
conferring functions on —
the Minister; or
the Pilbara ISO;
in respect of costs incurred in the performance of functions conferred on the Authority or the Pilbara ISO, provide for —
the implementation of accounting arrangements to enable those costs to be identified; and
the allocation of those costs between Pilbara networks participants; and
in the case of the Pilbara ISO, any costs incurred in anticipation of, or preparation for, the performance of the functions of the Pilbara ISO; and
the recovery of those costs;
providing for the relationship between the Minister, or another Minister, and a participant referred to in section 120ZA in respect of the performance of the functions of the participant;
providing for the regulation of matters —
of a savings, transitional or supplementary nature; or
that are otherwise necessary or convenient for the purposes of this Division.
[Section 120C inserted: No. 9 of 2020 s. 19.]
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