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EMERGENCY MANAGEMENT ACT 2004 - SECT 27C

EMERGENCY MANAGEMENT ACT 2004 - SECT 27C

27C—Minister's power to give directions

        (1)         On the declaration of an electricity supply emergency, and while that declaration remains in force, the Minister may give directions to any designated persons, or class of designated persons (or both), that the Minister thinks are reasonably necessary to respond to the electricity supply emergency.

        (2)         Without limiting subsection (1), directions may, for example—

            (a)         require AEMO to restrict electricity flow on an interconnector in accordance with requirements specified in the direction;

            (b)         require a designated person to give any directions of a kind that the designated person may lawfully give (which may include, for example, requiring a designated person to give directions to, or to exercise authority over, another person or body, whether or not that other person or body is also a designated person);

            (c)         require AEMO to suspend the spot market in South Australia;

            (d)         require any specified persons who engage in generation of electricity, or any class of such persons, to generate electricity in accordance with requirements specified in the direction.

        (2a)         A direction to a designated person may—

            (a)         require the performance of specific acts or omissions; or

            (b)         require the exercise of specific powers or functions; or

            (c)         require specific outcomes or performance standards.

        (2b)         For the avoidance of doubt—

            (a)         a designated person may satisfy a direction or requirement given to or imposed on the designated person under this section by giving directions to, or exercising its authority over, another person or body, whether or not the direction or requirement given to or imposed on the designated person expressly requires the giving of such directions or exercise of such authority by the designated person; and

            (b)         for the purposes of section 32(1)(b), a reference to a direction or requirement given or imposed, or purportedly given or imposed, in accordance with this Act includes a reference to directions given to, or authority exercised over, another person or body by a designated person under this section.

        (3)         A direction under this section—

            (a)         operates for a period specified in the direction (which may be defined by reference to specified days or to the happening of specified events, provided that the direction may only operate during the period of the declared electricity supply emergency); and

            (b)         may be varied or revoked by a subsequent direction under this section (with effect at a specified time or on the happening of a specified event).

        (4)         If the Minister proposes to give a direction under this section to a particular designated person, the Minister must, to the extent that it is reasonably practicable to do so in all the circumstances (and having regard to the urgency of the situation) consult with the designated person the subject of the proposed direction before giving the direction.

        (5)         In giving a direction under this section, the Minister must, to the extent that it is reasonably practicable to do so, take reasonable steps to avoid unduly interfering with the operation of the national electricity market, the National Electricity Rules and the National Electricity Law.

        (6)         A failure by the Minister to comply with subsection (4) or (5) will not invalidate a direction.

        (6a)         If a direction applies to a class of designated persons, the Minister may exempt (conditionally or unconditionally) any person or class of persons from the direction.

        (6b)         A person who contravenes a condition of an exemption granted to the person under this section is guilty of an offence.

Maximum penalty:

            (a)         in the case of a natural person—$20 000; or

            (b)         in the case of a body corporate—$100 000.

        (7)         For the avoidance of doubt, a direction given under this section creates a mandatory duty to comply with that direction notwithstanding any other Act or law, including the National Electricity (South Australia) Act 1996 .