1 Citation
2 Definitions
2A Meaning of access dispute
2B Meaning of direct control network service
2C Meaning of negotiated network service
2D Meaning of regulatory obligation or requirement
2E Meaning of regulatory payment
2F Form of regulation factors
3 Interpretation generally
4 Savings and transitionals
5 Participating jurisdictions
6 Ministers of participating jurisdictions
7 National electricity objective
7A Revenue and pricing principles
8 MCE statements of policy principles
9 National Electricity Rules to have force of law
10 Application of this Law and Regulations to coastal waters of this jurisdiction
Part 2 Participation in the National Electricity Market
11 Electricity market activities in this jurisdiction
12 Registration or exemption of persons participating in national electricity market
13 Exemptions for transmission system or distribution system owners, controllers and operators
14 Evidence of registration or exemption
Division 2 Regulated network service providers
14A Regulated transmission system operator must comply with transmission determination
14B Regulated distribution system operator must comply with distribution determination
Part 3 Functions and powers of the Australian Energy Regulator
15 Functions and powers of AER
16 Manner in which AER performs AER economic regulatory functions or powers
17 Delegations
18 Confidentiality
19 Definitions
20 Authorised person
20A Identity cards
20B Return of identity cards
21 Search warrant
22 Announcement of entry and details of warrant to be given to occupier or other person at premises
23 Announcement before entry
24 Copies of seized documents
25 Retention and return of seized documents or things
26 Extension of period of retention of documents or things seized
27 Obstruction of person authorised to enter
Division 3 General information gathering powers
28 Power to obtain information and documents in relation to performance and exercise of functions and powers
Division 4 Regulatory information notices and general regulatory information orders
28A Definitions
28B Meaning of contributing service
28C Meaning of general regulatory information order
28D Meaning of regulatory information notice
28E Division does not limit operation of information gathering powers under Division 3
Subdivision 2 Serving and making of regulatory information instruments
28F Service and making of regulatory information instrument
28G Additional matters to be considered for related provider regulatory information instruments
28H AER must consult before publishing a general regulatory information order
28I Publication requirements for general regulatory information orders
28J Opportunity to be heard before regulatory information notice is served
Subdivision 3 Form and content of regulatory information instruments
28K Form and content of regulatory information instrument
28L Further provision about the information that may be specified in a regulatory information instrument
28M Further provision about manner in which information must be provided to AER or kept
Subdivision 4 Compliance with regulatory information instruments
28N Compliance with regulatory information notice that is served
28O Compliance with general regulatory information order
28P Exemptions from compliance with general regulatory information order
28Q Assumptions where there is non-compliance with regulatory information instrument
28R Providing to AER false and misleading information
28S Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument
28T Legal professional privilege not affected
28U Protection against self-incrimination
Division 5 Network service provider performance reports
28V Preparation of network service provider performance reports
Division 6 Disclosure of confidential information held by AER
28W Authorised disclosure of information given to the AER in confidence
28X Disclosure with prior written consent is authorised
28Y Disclosure for purposes of court and tribunal proceedings and to accord natural justice
28Z Disclosure of information given to the AER with confidential information omitted
28ZA Disclosure of information given in confidence does not identify anyone
28ZAB Disclosure of information that has entered the public domain
28ZB Disclosure of confidential information authorised if detriment does not outweigh public benefit
Division 7 Miscellaneous matters
28ZC Consideration by the AER of submissions made to it under this Law
28ZD Use of information provided under a notice under Division 3 or a regulatory information instrument
28ZE AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices
28ZF AER enforcement guidelines
28ZG AER must report to MCE if it does not make network revenue or pricing determination within time
Part 4 Functions and powers of the Australian Energy Market Commission
29 Functions and powers of the AEMC
30 Delegations
31 Confidentiality
32 AEMC must have regard to national electricity objective
33 AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews
Division 2 Rule making functions and powers of the AEMC
34 Rule making powers
35 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent
36 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches
37 Documents etc applied, adopted and incorporated by Rules to be publicly available
Division 3 Committees, panels and working groups of the AEMC
38 The Reliability Panel
39 Establishment of committees and panels (other than the Reliability Panel) and working groups
Division 4 MCE directed reviews
41 MCE directions
42 Terms of reference
43 Notice of MCE directed review
44 Conduct of MCE directed review
45 Reviews by AEMC
46 AEMC must publish and make available up to date versions of Rules
47 Fees
48 Confidentiality of information
Part 5 Role of AEMO under National Electricity Law
49 AEMO’s statutory functions
49A AEMO’s power to carry out statutory functions
49B Delegation
Division 2 AEMO’s adoptive jurisdiction functions
50 Application of this Division
50A AEMO to account to relevant Minister for performance of adoptive functions
Subdivision 2 AEMO’s additional advisory functions
50B Additional advisory functions
Subdivision 3 AEMO’s declared network functions
50C AEMO’s declared network functions
50D Network agreement
50E Connection agreements
50F Augmentation
50G AEMO to have qualified exemption for performing statutory functions
50H Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement
50J General principles governing determinations
Division 3 Information etc to be provided to Ministers
51 Ministerial request
51A Compliance with request
51B Quarterly report
52 AEMO fees and charges
Division 5 Information gathering
53 Information gathering powers
53A Making and publication of general market information order
53B Service of market information notice
53C Compliance with market information instrument
53D Use of information
53E Providing false or misleading information
Division 6 Protected information
Subdivision 1 AEMO’s obligation to protect information
54 Protected information
Subdivision 2 Disclosure of protected information held by AEMO
54A Authorised disclosure of protected information
54B Disclosure with prior written consent
54C Disclosure required or permitted by law etc
54D Disclosure for purposes of court and tribunal proceedings
54E Disclosure of document with omission of protected information
54F Disclosure of non-identifying information
54G Disclosure of protected information for safety, proper operation of the market etc
54H Disclosure of protected information authorised if detriment does not outweigh public benefit
Division 7 AEMO’s statutory funds
55 Definitions
55A AEMO’s Rule funds
55B Payments into and out of Rule funds
55C Investment
Part 5A Functions and powers of Minister of this participating jurisdiction
57A Functions and powers of Minister of this participating jurisdiction
Part 5B Functions and powers of Tribunal
57B Functions and powers of Tribunal under this Law
Part 6 Proceedings under the National Electricity Law
58 Definitions
59 Instituting civil proceedings under this Law
Division 2 Proceedings by the AER in respect of this Law, the Regulations and the Rules
60 Time limit within which AER may institute proceedings
61 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences
62 Additional Court orders
63 Orders for disconnection in certain circumstances where there is no breach
64 Matters for which there must be regard in determining amount of civil penalty
65 Breach of a civil penalty provision is not an offence
66 Breaches of civil penalty provisions involving continuing failure
67 Conduct in breach of more than one civil penalty provision
68 Persons involved in breach of civil penalty provision
69 Civil penalties payable to the Commonwealth
Division 2A Proceedings before, and awards etc of, Dispute resolution panels
69A Commercial Arbitration Acts apply to proceedings before Dispute resolution panels
70 Applications for judicial review
71 Appeals on questions of law from decisions or determinations of Dispute resolution panels
Division 3A Merits review and other non-judicial review
71A Definitions
Subdivision 2 Merits review for reviewable regulatory decisions
71B Applications for review
71C Grounds for review
71D By when an application must be made
71E Tribunal must not grant leave unless serious issue to be heard and determined
71F Leave must be refused if application is about an error relating to revenue amounts below specified threshold
71G Tribunal must refuse to grant leave if submission not made or is made late
71H Tribunal may refuse to grant leave to service provider in certain cases
71I Effect of application on operation of reviewable regulatory decisions
71J Intervention by others in a review without leave
7IK Leave for reviewable regulatory decision process participants
71L Leave for user or consumer intervener
71M Interveners may raise new grounds for review
71N Parties to a review under this Subdivision
71O Matters that parties to a review may and may not raise in a review
71P Tribunal must make determination
71Q Target time limit for Tribunal for making a determination under this Subdivision
71R Matters to be considered by Tribunal in making determination
Subdivision 3 Tribunal review of information disclosure decisions
71S Application for review
71T Exclusion of public in certain cases
71U Determination in the review
71V Tribunal must be taken to have affirmed decision if decision not made within time
71W Assistance from AER or AEMO
71X Costs in a review
71Y Amount of costs
71Z Review of Division
Division 3B Enforcement of access determinations
71ZA Enforcement of access determinations
71ZB Consent injunctions
71ZC Interim injunctions
71ZD Factors relevant to granting a restraining injunction
71ZE Factors relevant to granting a mandatory injunction
71ZF Discharge or variation of injunction or other order
Division 4 Other civil proceedings
72 Obligations under Rules to make payments
Division 5 Infringement notices
73 Definition
74 Power to serve a notice
75 Form of notice
76 Infringement penalty
77 AER cannot institute proceedings while infringement notice on foot
78 Late payment of penalty
79 Withdrawal of notice
80 Refund of infringement penalty
81 Payment expiates breach of civil penalty provision
82 Payment not to have certain consequences
83 Conduct in breach of more than one civil penalty provision
85 Offences and breaches by corporations
86 Proceedings for breaches of certain provisions in relation to actions of officers and employees of relevant participants
Part 7 The making of the National Electricity Rules
87 Definitions
Subdivision 2 Rule making tests
88 Application of national electricity objective
88A AEMC must take into account form of regulation factors in certain cases
88B AEMC must take into account revenue and pricing principles in certain cases
89 AEMC must have regard to certain matters in relation to the making of jurisdictional derogations
Division 2 Minister initiated National Electricity Rules
90 South Australian Minister to make initial National Electricity Rules
90A South Australian Minister to make further Rules relating to distribution determinations consumer advocacy and other matters
90B South Australian Minister to make initial Rules related to AEMO’s functions under this Law
90C South Australian Minister to make initial Rules related to smart meters
Division 3 Procedure for the making of a Rule by the AEMC
91 Initiation of making of a Rule
91A AEMC may make more preferred Rule in certain cases
91B AEMC may make Rules that are consequential to a Rule request
92 Contents of requests for Rules
92A Waiver of fee for Rule requests
93 Consolidation of 2 or more Rule requests
94 Initial consideration of request for Rule
94A AEMC may request further information from Rule proponent in certain cases
95 Notice of proposed Rule
96 Publication of non-controversial or urgent final Rule determination
96A “Fast track” Rules where previous public consultation by electricity market regulatory body or an AEMC review
97 Right to make written submissions and comments
98 AEMC may hold public hearings before draft Rule determination
99 Draft Rule determinations
100 Right to make written submissions and comments in relation to draft Rule determination
101 Pre-final Rule determination hearings
102 Final Rule determinations
102A Proposal to make more preferable Rule
103 Making of Rule
104 Operation and commencement of Rule
105 Rule that is made to be published on website and made available to the public
106 Evidence of the National Electricity Rules
Division 4 Miscellaneous provisions relating to Rule making by the AEMC
107 Extensions of periods of time in Rule making procedure
107A AEMC may extend period of time for making of final Rule determination for further consultation
108 AEMC may publish written submissions and comments unless confidential
108A AEMC must publicly report on Rules not made within 12 months of public notification of requests
Part 8 Safety and security of the National Electricity System
109 Definitions
110 Appointment of jurisdictional system security coordinator
111 Jurisdictional system security coordinator to prepare jurisdictional load shedding guidelines
112 AEMO to develop load shedding procedures for each participating jurisdiction
113 Exchange of information
114 AEMO to ensure maintenance of supply of sensitive loads
115 Shedding and restoring of loads
115A Determination of customer load shedding arrangement
116 Actions that may be taken to ensure safety and security of national electricity system
117 AEMO to liaise with Minister of this jurisdiction and others during an emergency
118 Obstruction and non-compliance
Part 8A Smart metering services
118A Definitions
Division 2 Ministerial pilot metering determinations
118B Ministerial pilot metering determinations
118C Consultation with interested persons required before making Ministerial pilot metering determination
Division 3 Ministerial smart meter rollout determinations
118D Ministerial smart meter rollout determinations
118E Public consultation required before making Ministerial smart meter rollout metering determination
Division 4 Provisions applicable to Ministerial smart metering determinations
118F Compliance with Ministerial smart metering determinations
118G Minister of participating jurisdiction must consult with other participating jurisdiction Ministers
118H Content of Ministerial smart metering determinations
118I Publication and giving of Ministerial smart metering determinations
118J When Ministerial smart metering determinations take effect
118K AEMC must publish Ministerial smart metering determination it receives on its website
119 Immunity of AEMO and network service providers
120 Immunity in relation to failure to supply electricity
120A Immunity in relation to use of computer software
120B Immunity from liability—dispute resolution
121 Immunity from personal liability of AEMC officials
122 Immunity from personal liability of Reliability Panel
Division 1 Interpretation and application
123 Definitions
124 Part does not limit how disputes about access may be raised or dealt with
Division 2 Notification of access dispute
125 Notification of access dispute
126 Withdrawal of notification
127 Parties to an access dispute
Division 3 Access determinations
128 Determination of access dispute
129 AER may require parties to mediate, conciliate or engage in an alternative dispute resolution process
130 Access determination must give effect to network revenue or pricing determination
131 AER may terminate access dispute in certain cases
132 AER must terminate access dispute if there is genuine competition
133 Restrictions on access determinations
134 Access determination need not require the provision of an electricity network service
Division 4 Variation of access determinations
135 Variation of access determinations
Division 5 Compliance with access determinations
136 Compliance with access determination
Division 6 Access dispute hearing procedure
137 Hearing to be in private
138 Right to representation
139 Procedure of AER
140 Particular powers of AER in a hearing
141 Disclosure of information
142 Power to take evidence on oath or affirmation
143 Failing to attend as a witness
144 Failing to answer questions etc
145 Intimidation etc
146 Party may request AER to treat material as confidential
147 Costs
148 Outstanding costs are a debt due to party awarded the costs
Division 7 Joint access dispute hearings
149 Definition
150 Joint dispute hearing
151 Consulting the parties
152 Constitution and procedure of AER for joint dispute hearings
153 Record of proceedings etc
Division 8 Miscellaneous matters
154 Correction of access determinations for clerical mistakes etc
155 Subsequent network service provider bound by access determinations
156 Regulations about the charges to be paid by parties to access dispute for AER’s costs in dispute hearing
157 Preventing or hindering access
158 Failure to make a decision under this Law or the Rules within time does not invalidate the decision
Schedule 1 Subject matter for the National Electricity Rules
Schedule 2 Miscellaneous provisions relating to interpretation