[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (National Energy Laws) (Rules)
Bill 2018
A BILL FOR
An Act to amend the
National
Electricity (South Australia) Act 1996
, the
National
Energy Retail Law (South Australia) Act 2011
and the
National
Gas (South Australia) Act 2008
.
Contents
Part 2—Amendment
of National Electricity Law
4Amendment of section
2—Definitions
28YADisclosure of
information to Energy Security Board
6Amendment of section 54C—Disclosure
required or permitted by law etc
7Insertion of heading to Part 7 Division 2
Subdivision 1
8Insertion of Part 7 Division 2 Subdivision
2
Subdivision 2—Rules made by Minister
from time to time
90FSouth Australian
Minister may make Rules on recommendation of MCE and Energy Security
Board
9Amendment of section
96—Publication of non-controversial or urgent final Rule
determination
108BSubsequent rule
making by AEMC
11Amendment of Schedule 3—Savings and
transitional
Part 15—Transitional provision related
to AEMC rule making powers
Part 3—Amendment
of National Energy Retail Law
12Amendment of section
2—Interpretation
210ADisclosure of
information to Energy Security Board
15Amendment of heading to Part 10 Division
3
16Insertion of heading to Part 10 Division 3
Subdivision 1
17Insertion of Part 10 Division 3 Subdivision
2
Subdivision 2—Rules made by Minister
from time to time
238BSouth
Australian Minister may make Rules on recommendation of MCE and Energy Security
Board
18Amendment of section 239—Subsequent rule
making by AEMC
19Amendment of section
252—Publication of non-controversial or urgent final Rule
determination
Schedule 1—Savings and
transitionals
Part 1—Transitional provision related to
AEMC rule making powers
Part 4—Amendment
of National Gas Law
21Amendment of section
2—Definitions
22Amendment of section 91GC—Disclosure
required or permitted by law etc
23Amendment of heading to Chapter 9 Part
2
24Insertion of heading to Chapter 9 Part 2
Division 1
25Insertion of Chapter 9 Part 2 Division
2
Division 2—Rules made by Minister from
time to time
294GSouth
Australian Minister may make Rules on recommendation of MCE and Energy Security
Board
26Amendment of section
304—Publication of non-controversial or urgent final Rule
determination
320ASubsequent rule
making by AEMC
326ADisclosure of
information to Energy Security Board
29Amendment of Schedule 3—Savings and
transitional
Part 15—Transitional provision related
to AEMC rule making powers
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (National Energy Laws)
(Rules) Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
(a) a provision in
Part 2
amends the National Electricity Law set out in the Schedule to the
National
Electricity (South Australia) Act 1996
; and
(b) a provision in
Part 3
amends the National Energy Retail Law set out in the Schedule to
the
National
Energy Retail Law (South Australia) Act 2011
; and
(c) a provision in
Part 4
amends the National Gas Law set out in the Schedule to the
National
Gas (South Australia) Act 2008
.
Part 2—Amendment
of National Electricity
Law
4—Amendment
of section 2—Definitions
(1) Section 2(1), definition of additional Minister initiated
Rules—delete "sections 90A, 90B, 90C, 90D or 90E" and
substitute:
Part 7 Division 2 (other than section 90)
(2) Section 2(1)—after the definition of energy
ombudsman insert:
Energy Security Board means the Board established by the MCE
on 14 July 2017 to provide the MCE with advice for the purposes
of—
(a) whole-of-system oversight for energy security and reliability of the
national electricity market; and
(b) improving long-term planning for the national electricity
market;
After section 28Y insert:
28YA—Disclosure of information to Energy Security
Board
The AER is authorised to disclose to the Energy Security Board information
given to the AER in confidence in or in connection with the performance of its
functions or the exercise of its powers under this Law or the Rules.
6—Amendment
of section 54C—Disclosure required or permitted by law
etc
Section 54C(2)—after paragraph (c) insert:
(ca) the Energy Security Board;
7—Insertion
of heading to Part 7 Division 2 Subdivision 1
Before section 90 insert:
Subdivision 1—Initial Rules made by
Minister
8—Insertion
of Part 7 Division 2 Subdivision 2
Before Part 7 Division 3 insert:
Subdivision 2—Rules made by Minister from time to
time
90F—South Australian Minister may make Rules on
recommendation of MCE and Energy Security Board
(1) The Minister in
right of the Crown of South Australia administering Part 2 of the
National
Electricity (South Australia) Act 1996
of South Australia (the South Australian Minister) may make
Rules recommended by the MCE in accordance with
subsection (2)
.
(2) The MCE may only
recommend the making of Rules under
subsection (1)
if—
(a) the proposed Rules are for or with respect to any matter or thing
referred to in section 34 and Schedule 1 to this Law; and
(b) the Energy Security
Board has recommended to the MCE that it recommend the making of the proposed
Rules under
subsection (1)
.
(3) For the purposes of
subsection (2)
, references in section 34(1) to the national electricity system will be
taken to be references to the national electricity system or a local electricity
system (as the context requires).
(4) The Energy Security Board may only make a recommendation for the
purposes of
subsection (2)(b)
in relation to proposed Rules if—
(a) the proposed Rules are in connection with any of the
following:
(i) energy security and reliability of the NEM or long-term planning for
the NEM;
(ii) energy security and reliability of a local electricity system or
long-term planning for a local electricity system; and
(b) the Energy Security Board is satisfied that the proposed Rules are
consistent with the national electricity objective; and
(c) the Energy Security Board has undertaken consultation on the proposed
Rules in accordance with any requirements determined by the MCE.
(5) In considering whether proposed Rules are consistent with the national
electricity objective, the Energy Security Board must regard the reference in
the national electricity objective to the national electricity system as a
reference to—
(a) the national
electricity system; or
(b) 1 or more, or all,
of the local electricity systems; or
(c) all or any combination of the electricity systems referred to in
paragraphs (a)
and
(b)
,
as the Energy Security Board considers appropriate in the circumstances,
having regard to the nature, scope or operation of the proposed Rules.
(6) Rules in the nature of a derogation may be made under this section
even though there may not have been a request for a derogation.
(7) Rules made under
subsection (1)
may be differential Rules.
(8) Section 34(3) applies to Rules made under
subsection (1)
in the same way as that section applies to Rules made by the
AEMC.
(9) As soon as
practicable after making Rules under this section, the South Australian Minister
must—
(a) publish notice
of the making of the Rules in the South Australian Government Gazette;
and
(b) make the Rules publicly available.
(10) The notice referred to in
subsection (9)(a)
must state—
(a) the date on which the Rules commence operation; or
(b) if different Rules will commence operation on different dates, those
dates.
(11) In this section—
differential Rule means a Rule that:
(a) varies in its terms as between:
(i) the national electricity system; and
(ii) 1 or more, or all, of the local electricity systems; or
(b) does not have effect with respect to 1 or more of those
systems,
but is not a jurisdictional derogation, participant derogation or Rule that
has effect with respect to an adoptive jurisdiction for the purpose of section
91(8);
local electricity system means:
(a) an electricity system in this jurisdiction prescribed or declared in
or under the application Act of this jurisdiction to be a local electricity
system; and
(b) the generating systems and other facilities owned, controlled or
operated in this jurisdiction connected to that local electricity
system.
9—Amendment
of section 96—Publication of non-controversial or urgent final Rule
determination
Section 96(1)—delete "6" and substitute:
8
After section 108A insert:
108B—Subsequent rule making by
AEMC
Nothing in Division 2 Subdivision 2 is to be taken to affect the power of
the AEMC to make Rules (in accordance with this Law and the Regulations) for or
with respect to any matter or thing referred to in section 34 and Schedule 1 to
this Law (whether before or after Rules have been made under that
Division).
11—Amendment
of Schedule 3—Savings and transitional
Schedule 3—after Part 14 insert:
Part 15—Transitional provision related to AEMC rule
making powers
28—AEMC rule making powers
The amendment to section 96 of this Law by
section 9
of the
Statutes
Amendment (National Energy Laws) (Rules) Act 2018
does not apply to the making of—
(a) a Rule on a request under section 91(1) of this Law received by the
AEMC before the commencement of this clause; or
(b) an AEMC initiated Rule (within the meaning of section 87 of this Law)
in respect of which the AEMC has, before the commencement of this clause,
published notice of its intention to make.
Part 3—Amendment
of National Energy Retail
Law
12—Amendment
of section 2—Interpretation
(1) Section 2(1), definition of initial National Energy Retail
Rules—delete "
National
Energy Retail Rules
made under section 238" and substitute:
Initial
National
Energy Retail Rules
made under Part 10 Division 3
(2) Section 2(1)—after the definition of energy
ombudsman insert:
Energy Security Board means the Energy Security Board
referred to in section 2(1) of the NEL;
(3) Section 2(1), definition of National Energy Retail Rules
or Rules—after paragraph (a) insert:
(ab) Rules made under Part 10 Division 3 Subdivision 2; and
(4) Section 2(1), definition of National Energy Retail Rules
or Rules, (b)(i)—after "Rules" insert:
or Rules made under Part 10 Division 3 Subdivision 2
After section 8 insert:
8A—Savings and transitionals
Schedule 1 has effect.
After section 210 insert:
210A—Disclosure of information to Energy Security
Board
The AER is authorised to disclose to the Energy Security Board information
given to the AER in confidence in or in connection with the performance of its
functions or the exercise of its powers under this Law or the Rules.
15—Amendment
of heading to Part 10 Division 3
Heading to Part 10 Division 3—delete "Initial" and
substitute:
Minister initiated
16—Insertion
of heading to Part 10 Division 3 Subdivision 1
Before section 238 insert:
Subdivision 1—Initial Rules made by
Minister
17—Insertion
of Part 10 Division 3 Subdivision 2
Before Part 10 Division 4 insert:
Subdivision 2—Rules made by Minister from time to
time
238B—South Australian Minister may make Rules on
recommendation of MCE and Energy Security Board
(1) The Minister in
right of the Crown of South Australia administering Part 2 of the
National
Energy Retail Law (South Australia) Act 2011
of South Australia (the South Australian Minister) may make
Rules recommended by the MCE in accordance with
subsection (2)
for any purpose that is necessary or consequential as a result of the
making of a NER by the Minister under section 90F of the NEL or a NGR by the
Minister under section 294G of the NGL.
(2) The MCE may
only recommend the making of Rules under
subsection (1)
if—
(a) the proposed Rules are for or with respect to any matter or thing
referred to in Division 2; and
(b) the Energy
Security Board has recommended to the MCE that it recommend the making of the
proposed Rules under
subsection (1)
.
(3) The Energy Security Board may only make a recommendation for the
purposes of
subsection (2)(b)
in relation to proposed Rules if—
(a) the proposed Rules are in connection with energy security and
reliability of the national electricity market (within the meaning of the NEL)
or long-term planning for the national electricity market; and
(b) the Energy Security Board is satisfied that the proposed Rules are
consistent with the national energy retail objective; and
(c) the Energy Security Board has undertaken consultation on the proposed
Rules in accordance with any requirements determined by the MCE.
(4) Rules in the nature of a derogation may be made under this section
even though there may not have been a request for a derogation.
(5) Section 237(3) applies to Rules made under
subsection (1)
in the same way as that section applies to Rules made by the
AEMC.
(6) As soon as
practicable after making Rules under this section, the South Australian Minister
must—
(a) publish notice
of the making of the Rules in the South Australian Government Gazette;
and
(b) make the Rules publicly available.
(7) The notice referred to in
subsection (6)(a)
must state—
(a) the date on which the Rules commence operation; or
(b) if different Rules will commence operation on different dates, those
dates.
18—Amendment
of section 239—Subsequent rule making by AEMC
Section 239—after its present contents (now to be designated as
subsection (1)) insert:
(2) Nothing in Division 3 Subdivision 2 is to be taken to affect the power
of the AEMC to make Rules (in accordance with this Law and the Regulations) for
or with respect to any matter or thing referred to in Division 2 (whether before
or after Rules have been made under Division 3 Subdivision 2).
19—Amendment
of section 252—Publication of non-controversial or urgent final Rule
determination
Section 252(1)—delete "6" and substitute:
8
After section 320 insert:
Schedule 1—Savings and
transitionals
Part 1—Transitional provision related to AEMC rule
making powers
1—AEMC rule making powers
The amendment to section 252 of this Law by
section 19
of the
Statutes
Amendment (National Energy Laws) (Rules) Act 2018
does not apply to the making of—
(a) a Rule on a request under section 243(1) of this Law received by the
AEMC before the commencement of this clause; or
(b) an AEMC initiated Rule (within the meaning of section 235 of this Law)
in respect of which the AEMC has, before the commencement of this clause,
published notice of its intention to make.
Part 4—Amendment
of National Gas Law
21—Amendment
of section 2—Definitions
(1) Section 2(1), definition of initial National Gas
Rules—delete "National Gas Rules made under section 294, 294A,
294B, 294C, 294D or 294E" and substitute:
Initial National Gas Rules made under Chapter 9 Part 2
(2) Section 2(1)—after the definition of energy
ombudsman insert:
Energy Security Board means the Energy Security Board
referred to in section 2(1) of the NEL;
(3) Section 2(1), definition of National Gas Rules or
Rules—after paragraph (a) insert:
(ab) Rules made under Chapter 9 Part 2 Division 2; and
(4) Section 2(1), definition of National Gas Rules or
Rules, (b)(i)—after "Rules" insert:
or Rules made under Chapter 9 Part 2 Division 2
22—Amendment
of section 91GC—Disclosure required or permitted by law
etc
Section 91GC(2)—after paragraph (c) insert:
(ca) the Energy Security Board;
23—Amendment
of heading to Chapter 9 Part 2
Heading to Chapter 9 Part 2—delete "Initial" and
substitute:
Minister initiated
24—Insertion
of heading to Chapter 9 Part 2 Division 1
Before section 294 insert:
Division 1—Initial Rules made by
Minister
25—Insertion
of Chapter 9 Part 2 Division 2
Before Chapter 9 Part 3 insert:
Division 2—Rules made by Minister from time to
time
294G—South Australian Minister may make Rules on
recommendation of MCE and Energy Security Board
(1) The Minister in
right of the Crown of South Australia administering Part 2 of the
National
Gas (South Australia) Act 2008
of South Australia (the South Australian Minister) may make
Rules recommended by the MCE in accordance with
subsection (2)
.
(2) The MCE may
only recommend the making of Rules under
subsection (1)
if—
(a) the proposed Rules are for or with respect to any matter or thing
referred to in section 74 and Schedule 1 to this Law; and
(b) the Energy
Security Board has recommended to the MCE that it recommend the making of the
proposed Rules under
subsection (1)
.
(3) The Energy Security Board may only make a recommendation for the
purposes of
subsection (2)(b)
in relation to proposed Rules if—
(a) the proposed Rules are in connection with energy security and
reliability of the NEM or long-term planning—
(i) for the NEM; or
(ii) in relation to investment in, and operation and use of, natural gas
services; and
(b) the Energy Security Board is satisfied that the proposed Rules are
consistent with the national gas objective; and
(c) the Energy Security Board has undertaken consultation on the proposed
Rules in accordance with any requirements determined by the MCE.
(4) Rules in the nature of a derogation may be made under this section
even though there may not have been a request for a derogation.
(5) Section 74(3) applies to Rules made under
subsection (1)
in the same way as that section applies to Rules made by the
AEMC.
(6) As soon as
practicable after making Rules under this section, the South Australian Minister
must—
(a) publish notice
of the making of the Rules in the South Australian Government Gazette;
and
(b) make the Rules publicly available.
(7) The notice referred to in
subsection (6)(a)
must state—
(a) the date on which the Rules commence operation; or
(b) if different Rules will commence operation on different dates, those
dates.
26—Amendment
of section 304—Publication of non-controversial or urgent final Rule
determination
Section 304(1)—delete "6" and substitute:
8
After section 320 insert:
320A—Subsequent rule making by
AEMC
Nothing in Part 2 Division 2 is to be taken to affect the power of the AEMC
to make Rules (in accordance with this Law and the Regulations) for or with
respect to any matter or thing referred to in section 74 and Schedule 1 to this
Law (whether before or after Rules have been made under Part 2 Division
2).
After section 326 insert:
326A—Disclosure of information to Energy Security
Board
The AER is authorised to disclose to the Energy Security Board information
given to the AER in confidence in or in connection with the performance of its
functions or the exercise of its powers under this Law or the Rules.
29—Amendment
of Schedule 3—Savings and transitional
Schedule 3—after Part 14 insert:
Part 15—Transitional provision related to AEMC rule
making powers
90—AEMC rule making powers
The amendment to section 304 of this Law by
section 26
of the
Statutes
Amendment (National Energy Laws) (Rules) Act 2018
does not apply to the making of—
(a) a Rule on a request under section 295(1) of this Law received by the
AEMC before the commencement of this clause; or
(b) an AEMC initiated Rule (within the meaning of section 290 of this Law)
in respect of which the AEMC has, before the commencement of this clause,
published notice of its intention to make.