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 .