South Australian Consolidated Regulations South Australian Consolidated RegulationsSchedule 2—Transitional and savings provisions
Part
1—Interpretation
(1) In this
Schedule—
ACCC means the Australian Competition and Consumer Commission established by
section 6A of the Trade Practices Act 1974 of the Commonwealth.
(2) Terms used in this
Schedule that are defined in the Code have, when used in this Schedule in
reference to matters under the Code, the same respective meanings as in the
Code.
(3) Terms used in this
Schedule that are defined in the Rules have, when used in this Schedule in
reference to matters under the Rules, the same respective meanings as in the
Rules.
Part 2—Transitional and savings provisions
4—Continuation of settlement residue committee
On the commencement date of the new National Electricity Law—
(a) the
persons appointed under clause 3.18.5 of the Code, and comprising the
settlement residue committee immediately before the commencement date, are to
be taken to be the persons appointed to comprise the settlement residue
committee within the meaning of the Rules; and
(b) the
settlement residue committee within the meaning of the Rules is to be taken to
be the same body as the settlement residue committee established under clause
3.18.5 of the Code.
5—Continuation of Dispute Resolution Adviser, pool of persons for
Dispute Resolution Panels, and Dispute Resolution Panels
(1) On the
commencement date of the new National Electricity Law, the person or persons
appointed under clause 8.2.2(a) of the Code to perform the functions of the
Adviser (within the meaning of the Code), and in office immediately before the
commencement date, are to be taken to be the person or persons appointed to
perform the functions of the Adviser within the meaning of the Rules.
(2) On the
commencement date of the new National Electricity Law, the pool of persons
established and maintained under clause 8.2.2(e) of the Code by the Adviser
(within the meaning of the Code) is to be taken to be the pool of persons
established and maintained under the Rules by the Adviser (within the meaning
of the Rules) from which the members of a Dispute Resolution Panel (within the
meaning of the Rules) may be selected in accordance with the Rules.
(3) On the
commencement date of the new National Electricity Law, any persons who,
immediately before the commencement date, comprised a Dispute Resolution Panel
established to determine a dispute under clause 8.2.6A(a) of the Code are to
be taken to comprise a Dispute Resolution Panel established to determine that
dispute under the Rules.
A person who, immediately before the commencement date of the new National
Electricity Law, was accredited and registered by NEMMCO under clause 7.4.2 of
the Code as a Metering Provider in respect of a particular category of
registration is, on the commencement date, to be taken to be accredited and
registered by NEMMCO under the Rules as a Metering Provider in respect of that
category of registration.
7—Registered Participant Agents
A person who, immediately before the commencement date of the new National
Electricity Law, was a Code Participant Agent appointed by a Code Participant
(the Participant ) under clause 4.11.5 of the Code is, on the commencement
date, to be taken to be a Registered Participant Agent appointed by the
Participant under the Rules.
8—Exemptions relating to appointment of intermediaries
On the commencement date of the new National Electricity Law, an exemption
granted by NEMMCO under clause 2.9.3 of the Code and in force immediately
before the commencement date is to be taken to be an exemption granted under
clause 2.9.3 of the Rules.
9—Classifications relating to generating units, loads, connection points
and network services
On the commencement date of the new National Electricity Law—
(a) a
generating unit that, immediately before the commencement date, was classified
under the Code as a scheduled generating unit, a non-scheduled generating
unit, a market generating unit, a non-market generating unit or an ancillary
service generating unit is to be taken to have been classified as such under
the Rules subject to any terms and conditions that were in force in respect of
it immediately before the commencement date and that had been imposed by
NEMMCO under the Code; and
Note—
see clause 2.2.1(e)(1), (f) and (f1) of the initial National Electricity Rules
(b) a
load that, immediately before the commencement date, was classified under the
Code as a first tier load, a second tier load, a market load, an intending
load, an ancillary service load or a scheduled load is to be taken to have
been classified as such under the Rules subject to any terms and conditions
that were in force in respect of it immediately before the commencement date
and that had been imposed by NEMMCO under the Code; and
Note—
see clauses 2.3.1(b)(1) and (f) and 2.3.4(d) of the initial National
Electricity Rules
(c) a
connection point that, immediately before the commencement date, was
classified under the Code as a market connection point or a market load in
relation to a particular person is to be taken to have been classified as such
in relation to that person under the Rules subject to any terms and conditions
that were in force in respect of it immediately before the commencement date
and that had been imposed by NEMMCO under the Code; and
Note—
see clauses 2.3.1(c), 2.3.3(d) and 2.3.4(h) of the initial National
Electricity Rules
(d) a
network service that, immediately before the commencement date, was classified
under the Code as a market network service or a scheduled network service is
to be taken to have been classified as such under the Rules subject to any
terms and conditions that were in force in respect of it immediately before
the commencement date and that had been imposed by NEMMCO under the Code.
Note—
see clauses 2.5.2(a) and 2.5.3(a) of the initial National Electricity Rules
10—Classifications relating to meters
On the commencement date of the new National Electricity Law, a metering
installation that, immediately before the commencement date, was classified
under the Code as a revenue metering installation or a check metering
installation is to be taken to have been classified as such under the Rules.
11—Participant compensation fund
On and from the commencement date of the new National Electricity Law, the
Participant compensation fund established by NEMMCO under clause 3.16 of the
Code is to be taken to be the Participant compensation fund required to be
maintained by AEMO under the Rules.
On and from the commencement date of the new National Electricity Law, the
Code funds established by NEMMCO under section 67 of the old National
Electricity Law and clause 1.11 of the Code are to be taken to be the
corresponding Rule funds required to be maintained by AEMO under the new
National Electricity Law and the Rules.
13—Actual and pending Chapter 6 determinations and preliminary
action—ACCC
(1) On the
commencement date of the new National Electricity Law, a determination made by
the ACCC in accordance with Chapter 6 of the Code and in effect immediately
before the commencement date—
(a)
continues in effect and is to be taken to be a determination made by the AER
under the new National Electricity Law and Chapter 6 of the Rules; and
(b) may
be revoked, amended or varied by the AER in accordance with the new National
Electricity Law and the Rules as if it were made under the new National
Electricity Law and Chapter 6 of the Rules.
(2) On the
commencement date of the new National Electricity Law, a determination made by
the ACCC in accordance with clause 9.8.4C of the Code and in effect
immediately before the commencement date—
(a)
continues in effect and is to be taken to be a determination made by the AER
under the new National Electricity Law and clause 9.8.4C of the Rules; and
(b) may
be revoked, amended or varied by the AER in accordance with the new National
Electricity Law and the Rules as if it were made under the new National
Electricity Law and clause 9.8.4C of the Rules.
(3) On the
commencement date of the new National Electricity Law, any action taken by the
ACCC for the purpose of making a determination in accordance with Chapter 6 of
the Code that was not made before the commencement date is to be taken to have
been taken by the AER for the purpose of making a determination under the new
National Electricity Law and Chapter 6 of the Rules.
(4) Despite
subclauses (1) and (2), the question of whether such a determination
should be revoked, amended or varied is to be decided by the AER taking into
account only matters that would have been relevant for that purpose under, or
for the purposes of, the Code as in force immediately before the commencement
date of the new National Electricity Law.
(5) Despite
subclause (3), if the ACCC had published a draft determination for the
purposes of Chapter 6 of the Code and had not published a final determination
in respect of the matter before the commencement date of the new National
Electricity Law, then the AER must take any action after the commencement date
for the purpose of making the final determination, and make the final
determination, as if the provisions that apply are those of the Code as in
force immediately before the commencement date (and not those of the new
National Electricity Law or the Rules).
(6) Despite
subclauses (3) and (5), if the ACCC had taken action for the purpose of
making a determination under clause 2.5.2(c) of the Code and a consequent
revenue cap determination in accordance with Chapter 6 of the Code and had not
published a draft or final determination in respect of the matter before the
commencement date of the new National Electricity Law, then the AER must take
any action after the commencement date for the purpose of making any such
determination, and make any such determination, in respect of the matter as if
the provisions that apply are those of the Code as in force immediately before
the commencement date (and not those of the new National Electricity Law or
the Rules).
(7) The question of
whether a determination made as referred to in subclause (5) or (6)
should be revoked, amended or varied is to be decided by the AER taking into
account only matters that would have been relevant for that purpose under, or
for the purposes of, the Code as in force immediately before the commencement
date of the new National Electricity Law.
(8) An appeal against
or review of—
(a) a
determination referred to in subclause (1), (2) or (7); or
(b)
action referred to in subclause (5) or (6),
is to be decided as if the only matters to be taken into account in deciding
the appeal or review were those that would have been relevant for that purpose
under, or for the purposes of, the Code as in force immediately before the
commencement date of the new National Electricity Law.
(9)
Subclauses (4), (5), (6), (7) and (8) apply subject to any Rules made
after the commencement date of the new National Electricity Law.
14—Actual and pending Chapter 6 determinations and preliminary
action—jurisdictional regulator
(1) On the
commencement date of the new National Electricity Law, a determination made by
a jurisdictional regulator in accordance with Chapter 6 of the Code and in
effect immediately before the commencement date—
(a)
continues in effect and is to be taken to be a determination made by that
jurisdictional regulator under the new National Electricity Law and Chapter 6
of the Rules; and
(b) may
be revoked, amended or varied by that jurisdictional regulator in accordance
with the new National Electricity Law and the Rules as if it were made under
the new National Electricity Law and Chapter 6 of the Rules.
(2) On the
commencement date of the new National Electricity Law, any action taken by a
jurisdictional regulator for the purpose of making a determination in
accordance with Chapter 6 of the Code that was not made before the
commencement date is to be taken to have been taken by that regulator for the
purpose of making a determination under the new National Electricity Law and
Chapter 6 of the Rules.
(3) Despite
subclause (1), the question of whether such a determination should be
revoked, amended or varied is to be decided by the jurisdictional regulator
taking into account only matters that would have been relevant for that
purpose under, or for the purposes of, the Code as in force immediately before
the commencement date of the new National Electricity Law.
(4) Despite
subclause (2), if the jurisdictional regulator had published a draft
determination for the purposes of Chapter 6 of the Code and had not published
a final determination in respect of the matter before the commencement date of
the new National Electricity Law, then the jurisdictional regulator must take
any action after the commencement date for the purpose of making the final
determination, and make the final determination, as if the provisions that
apply are those of the Code as in force immediately before the commencement
date (and not those of the new National Electricity Law or the Rules).
(5) Despite
subclauses (2) and (4), if the jurisdictional regulator had taken action
for the purpose of making a determination under clause 2.5.2(c) of the Code
and a consequent revenue cap determination in accordance with Chapter 6 of the
Code and had not published a draft or final determination in respect of the
matter before the commencement date of the new National Electricity Law, then
the jurisdictional regulator must take any action after the commencement date
for the purpose of making any such determination, and make any such
determination, in respect of the matter as if the provisions that apply are
those of the Code as in force immediately before the commencement date (and
not those of the new National Electricity Law or the Rules).
(6) The question of
whether a determination made as referred to in subclause (4) or (5)
should be revoked, amended or varied is to be decided by the jurisdictional
regulator taking into account only matters that would have been relevant for
that purpose under, or for the purposes of, the Code as in force immediately
before the commencement date of the new National Electricity Law.
(7) An appeal against
or review of—
(a) a
determination referred to in subclause (1) or (6); or
(b)
action referred to in subclause (4) or (5),
is to be decided as if the only matters to be taken into account in deciding
the appeal or review were those that would have been relevant for that purpose
under, or for the purposes of, the Code as in force immediately before the
commencement date of the new National Electricity Law.
(8)
Subclauses (3), (4), (5), (6) and (7) apply subject to any Rules made
after the commencement date of the new National Electricity Law.
On and from the commencement date of the new National Electricity Law, any
dispute commenced in accordance with the dispute resolution regime set out in
clause 8.2 of the Code and not completed before the commencement date must
continue to be conducted and completed as if it were a dispute commenced in
accordance with the dispute resolution regime under the Rules.
16—Continuation of consultation
On and from the commencement date of the new National Electricity Law, any
consultation commenced under provisions of the Code and not completed before
the commencement date must continue to be conducted and completed as if it
were consultation commenced and conducted under the provisions of the Rules
(if any) that correspond to those provisions of the Code.
17—Provision of information and documents
On the commencement date of the new National Electricity Law, any information
or document that had been given or provided to the ACCC or NECA under a
provision of the Code is to be taken to have been given or provided to the
AEMC or the AER under the provision of the Rules (if any) that corresponds to
that provision of the Code.
18—Continuation of things done under Code
(1) On the
commencement date of the new National Electricity Law—
(a) each
rule, principle, guideline, test, standard, procedure, report, protocol or
other document (however described) that had been issued, published, made,
promulgated, approved, accepted or prepared under, or for the purposes of, a
provision of the Code and that was in force for the purposes of the Code, or
continued to have some effect or contingent effect for the purposes of the
Code, immediately before the commencement date is to be taken to have been
issued, published, made, promulgated, approved, accepted or prepared under, or
for the purposes of, the provision of the Rules (if any) that corresponds to
that provision of the Code; and
(b) a
relevant action that had been taken under, or for the purposes of, a provision
of the Code by any person or body (including the ACCC, NECA, NEMMCO, a
jurisdictional regulator, a Code Participant, the Reliability Panel, the
Inter-regional Planning Committee, the settlement residue committee, the
Dispute Resolution Adviser or a Dispute Resolution Panel) and that continued
to have some effect or contingent effect for the purposes of the Code
immediately before the commencement date is to be taken to be a relevant
action that has been taken under, or for the purposes of, the provision of the
Rules (if any) that corresponds to that provision of the Code; and
(c) a
right, privilege, obligation or liability that had accrued or been acquired or
incurred under a provision of the Code and was in existence immediately before
the commencement date is to be taken to be a right, privilege, obligation or
liability that has accrued or been acquired or incurred under the provision of
the Rules (if any) that corresponds to that provision of the Code.
(2)
Subclause (1)(a) applies in respect of a rule, principle, guideline,
test, standard, procedure, report, protocol or other document (however
described) issued, published, made, promulgated, approved, accepted or
prepared by the ACCC or NECA under, or for the purposes of, a provision of the
Code despite the fact that the corresponding provision of the Rules (if any)
may refer to that rule, principle, guideline, test, standard, procedure,
report, protocol or other document being issued, published, made, promulgated,
approved, accepted or prepared by the AER or the AEMC.
(3)
Subclause (1)(b) applies in respect of any relevant action taken by the
ACCC or NECA under, or for the purposes of, a provision of the Code despite
the fact that the corresponding provision of the Rules (if any) may refer to
the relevant action being taken by the AER or the AEMC.
(4) For the purposes
of subclause (1)(b), relevant action means the doing of anything,
including (without limitation) any of the following:
(a) the
performance or exercise of any function, power, obligation or right;
(b) the
making or publishing of any determination, decision, declaration or
recommendation;
(c) the
issuing, publishing, making, preparing, promulgation, approval or acceptance
of any rule, principle, guideline, test, standard, procedure, report, protocol
or other document;
(d) the
issuing, giving, publishing, lodging or providing or service or receipt of any
statement, invoice, communication, notice or other document;
(e) the
establishment of any criteria, process or procedure;
(f) the
giving or receipt of any approval or acceptance;
(g) the
giving or receipt of any direction or instruction;
(h) the
making of any requirement;
(i)
the provision or receipt of any submission, information
or data;
(j) the
making, submission, lodgement or receipt of any bid or offer;
(k) the
making or receiving of any inquiry, request or application;
(l) the
making of any calculation;
(m) the
undertaking or completion of any transaction;
(n) the
undertaking or application of any test, process or procedure;
(o) the
payment of any monetary amount or fee;
(p) the
making or receipt of any claim;
(q) the
making of any agreement;
(r) the
making or acceptance of any appointment;
(s) the
establishment or maintenance of any database or register;
(t) the
undertaking of any investigation, inquiry or review.
(5) Nothing in
subclause (1)(b) or (c) is to be taken as—
(a)
entitling a person or body to exercise—
(i)
a power or right under the Code to the extent that the
power or right has already been exercised under the Rules; or
(ii)
a power or right under the Rules to the extent that the
power or right has already been exercised under the Code; or
(b)
requiring a person or body to perform—
(i)
a function or obligation under the Code to the extent
that the function or obligation has already been performed under the Rules; or
(ii)
a function or obligation under the Rules to the extent
that the function or obligation has already been performed under the Code.
(6) This clause does
not apply to the extent that it is inconsistent with the new National
Electricity Law or another provision of these Regulations.
If a period of time for the doing of anything under a provision of the Code
had commenced and had not expired immediately before the commencement date of
the new National Electricity Law, then, on and from the commencement date,
that period of time is to be taken to continue to run (and the portion of the
period that has elapsed is to be taken into account) under, or for the
purposes of, the provision of the Rules (if any) that corresponds to that
provision of the Code.
20—Disclosure of information held by NECA
(1) Despite anything
to the contrary in the Code or at law, NECA may disclose to the AER or the
AEMC any information that had been provided to NECA under, or for the purposes
of, a provision of the old National Electricity Law or the Code (whether or
not such information was provided in confidence to NECA), and the AER or the
AEMC (as the case may be) may use that information for any purpose connected
with the performance of its functions or the exercise of its powers under the
provision of the new National Electricity Law or the Rules (if any) that
corresponds to that provision of the old National Electricity Law or the Code.
(2) A disclosure of
information referred to in subclause (1) may be made by providing a
document, or a copy of a document, that contains that information.
21—Transfer of National Electricity Tribunal funds to AEMC
(1) This clause is
made for the purposes of winding up the affairs of the National Electricity
Tribunal in preparation for the commencement of section 7 of the National
Electricity (South Australia) (New National Electricity Law) Amendment Act
2005 .
(2) The Registrar and
Deputy Registrar of the National Electricity Tribunal may take steps to
facilitate winding up the affairs of the Tribunal, including—
(a)
preparing financial statements of the accounts of the Tribunal; and
(b)
preparing a winding up report; and
(c)
causing or facilitating (after payment of the expenses of the winding up) the
transfer to the AEMC of any ADI account in the name of the Tribunal or of the
money in such an account and any rights to interest on that money.
(3) If there is any
money remaining in an ADI account in the name of the National Electricity
Tribunal on the commencement of section 7 of the National Electricity (South
Australia) (New National Electricity Law) Amendment Act 2005 , it will then
vest in the AEMC.