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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Electricity and Gas—Information
Management and Retailer of Last Resort) Bill 2009
A BILL FOR
An Act to amend the Electricity Act 1996 and the Gas
Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Electricity
Act 1996
4 Amendment of section 11—Obligation to
preserve confidentiality
5 Amendment of section 23—Licences authorising
operation of transmission or distribution network
Part 3—Amendment of Gas
Act 1997
6 Amendment of section 11—Obligation to
preserve confidentiality
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Electricity and
Gas—Information Management and Retailer of Last Resort)
Act 2009.
(1) Subject to subsection (2), this Act comes into operation on
assent.
(2) Section 5 will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electricity
Act 1996
4—Amendment of
section 11—Obligation to preserve
confidentiality
Section 11—delete subsection (1a) and substitute:
(1a) Despite subsection (1), the Technical Regulator may disclose
confidential information in the following circumstances:
(a) as reasonably required in connection with the administration or
enforcement of this Act (including to the Minister, the Commission and persons
assisting the Commission) or as otherwise related to the performance of the
Technical Regulator's functions (whether under this Act or any other
Act);
(b) to a person concerned in the administration or enforcement of another
law of the State, or a law of the Commonwealth or another State or a Territory
of the Commonwealth, for purposes related to the administration or operation of
that other law;
(c) to a government agency or instrumentality of this State, the
Commonwealth or another State or Territory of the Commonwealth for purposes
related to the performance of its functions (or to a person acting on behalf of
such a government agency or instrumentality);
(d) with the consent of the person who gave the information or to whom the
information relates;
(e) as required by a court or tribunal constituted by law;
(f) as authorised by the Minister.
5—Amendment
of section 23—Licences authorising operation of transmission or
distribution network
Section 23(3)—delete "2010" and substitute:
2015
Part 3—Amendment
of Gas Act 1997
6—Amendment of
section 11—Obligation to preserve confidentiality
Section 11—delete subsection (2) and substitute:
(2) Despite subsection (1), the Technical Regulator may disclose
confidential information in the following circumstances:
(a) as reasonably required in connection with the administration or
enforcement of this Act (including to the Minister, the Commission and persons
assisting the Commission), or the National Gas (South Australia) Law or
as otherwise related to the performance of the Technical Regulator's functions
(whether under this Act or any other Act);
(b) to a person concerned in the administration or enforcement of another
law of the State, or a law of the Commonwealth or another State or a Territory
of the Commonwealth, for purposes related to the administration or operation of
that other law;
(c) to a government agency or instrumentality of this State, the
Commonwealth or another State or Territory of the Commonwealth for purposes
related to the performance of its functions (or to a person acting on behalf of
such a government agency or instrumentality);
(d) with the consent of the person who gave the information or to whom the
information relates;
(e) as required by a court or tribunal constituted by law;
(f) as authorised by the Minister.