NATIONAL ELECTRICITY (SOUTH AUSTRALIA) (NATIONAL ELECTRICITY LAW--MISCELLANEOUS AMENDMENTS) AMENDMENT ACT 2007 (NO 53 OF 2007)

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 2 Commencement
• 3 Definition
• 4 Amendment provisions

PART 2--Amendment of National Electricity (South Australia) Act 1996 as part of the national scheme

• 5 Amendment of section 2 of the NEL--Definitions
• 6 Amendment of the NEL--New sections 2A to 2F inserted
• 7 Amendment of section 6 of the NEL--Ministers of participating jurisdictions
• 8 Amendment of the NEL--Section 7 substituted and new section 7A inserted
• 9 Amendment of section 8 of the NEL--MCE statements of policy principles
• 10 Amendment of the NEL--New Division heading inserted into Part 2
• 11 Amendment of section 11 of the NEL--Electricity market activities in this jurisdiction
• 12 Amendment of the NEL--New Division 2 inserted into Part 2

Division 2--Regulated network service providers

• 13 Amendment of section 15 of the NEL--Functions and powers of AER
• 14 Amendment of the NEL--New section 16 substituted
• 15 Amendment of the NEL--New section 18 substituted
• 16 Amendment of the NEL--New heading to Division 2 of Part 3
• 17 Amendment of section 19 of the NEL--Definitions
• 18 Amendment of the NEL--New section 20 substituted and new sections 20A and 20B inserted
• 19 Amendment of section 21 of the NEL--Search warrant
• 20 Amendment of the NEL--deletion and substitution of sections 22 and 23
• 21 Amendment of section 24 of the NEL--Copies of seized documents
• 22 Amendment of NEL--New section 25 substituted
• 23 Amendment of section 26 of the NEL--Extension of period of retention of documents or things seized
• 24 Amendment of section 27 of the NEL--Obstruction of person authorised to enter
• 25 Amendment of the NEL--New Divisions 3 to 7 of Part 3 inserted

Division 3--General information gathering powers

Division 4--Regulatory information notices and general regulatory information orders

Division 5--Network service provider performance reports

Division 6--Disclosure of confidential information held by AER

Division 7--Miscellaneous matters

• 26 Amendment of the NEL--New section 31 substituted
• 27 Amendment of section 32 of the NEL--AEMC must have regard to national electricity objective
• 28 Amendment of section 34 of the NEL--Rule making powers
• 29 Amendment of the NEL--New sections 35 and 36 substituted
• 30 Amendment of section 37 of the NEL--Documents etc applied, adopted and incorporated by Rules to be publicly available
• 31 Amendment of the NEL--deletion of section 40
• 32 Amendment of section 41 of the NEL--MCE directions
• 33 Amendment of section 42 of the NEL--Terms of reference
• 34 Amendment of section 45 of the NEL--Reviews by AEMC
• 35 Amendment of section 46 of the NEL--AEMC must publish and make available up to date versions of Rules
• 36 Amendment of section 47 of the NEL--Fees
• 37 Amendment of section 48 of the NEL--Confidentiality of information
• 38 Amendment of section 49 of the NEL--Functions of NEMMCO in respect of national electricity market
• 39 Amendment of the NEL--New Parts 5A and 5B inserted

PART 5A--Functions and powers of Minister of this participating jurisdiction

PART 5B--Functions and powers of Tribunal

• 40 Amendment of section 58 of the NEL--Definitions
• 41 Amendment of section 61 of the NEL--Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences
• 42 Amendment of section 62 of the NEL--Additional Court orders
• 43 Amendment of section 64 of the NEL--Matters for which there must be regard in determining amount of civil penalty
• 44 Amendment of the NEL--New Division 2A of Part 6 inserted

Division 2A--Proceedings before, and awards etc of, Dispute resolution panels

• 45 Amendment of the NEL--New section 71 substituted
• 46 Amendment of the NEL--New Divisions 3A and 3B of Part 6 inserted

Division 3A--Merits review and other non-judicial review

Division 3B--Enforcement of access determinations

• 47 Amendment of section 74 of the NEL--Power to serve a notice
• 48 Amendment of section 81 of the NEL--Payment expiates breach of civil penalty provision
• 49 Amendment of the NEL--Deletion of section 84
• 50 Amendment of section 85 of the NEL--Offences and breaches by corporations
• 51 Amendment of section 86 of the NEL--Proceedings for breaches of certain provisions in relation to actions of officers and employees of relevant participants
• 52 Amendment of the NEL--New Subdivision heading inserted into Division 1 of
• 53 Amendment of section 87 of the NEL--Definitions
• 54 Amendment of the NEL--New Subdivision 2 of Division 1 of Part 7 inserted
• 55 Amendment of the NEL--New heading to Division 2 of Part 7
• 56 Amendment of the NEL--New section 90A inserted
• 57 Amendment of section 91 of the NEL--Initiation of making of a Rule
• 58 Amendment of the NEL--New sections 91A and 91B inserted
• 59 Amendment of section 92 of the NEL--Contents of requests for Rules
• 60 Amendment of the NEL--New section 92A inserted
• 61 Amendment of the NEL--New sections 93 and 94 substituted and new section 94A inserted
• 62 Amendment of section 95 of the NEL--Notice of proposed Rule
• 63 Amendment of section 96 of the NEL--Publication of non-controversial or urgent final Rule determination
• 64 Amendment of the NEL--New section 96A inserted
• 65 Amendment of section 99 of the NEL--Draft Rule determinations
• 66 Amendment of section 101 of the NEL--Pre-final Rule determination hearings
• 67 Amendment of section 102 of the NEL--Final Rule determinations
• 68 Amendment of the NEL--New section 102A inserted
• 69 Amendment of section 107 of the NEL--Extensions of periods of time in Rule making procedure
• 70 Amendment of the NEL--New section 107A inserted
• 71 Amendment of section 108 of the NEL--AEMC may publish written submissions and comments unless confidential
• 72 Amendment of the NEL--New section 108A inserted
• 73 Amendment of section 119 of the NEL--Immunity of NEMMCO and network service providers
• 74 Amendment of section 120 of the NEL--Immunity in relation to failure to supply electricity
• 75 Amendment of section of the NEL--New section 122 and new parts 10 and 11 inserted

PART 10--Access Disputes

Division 1--Interpretation and application

Division 2--Notification of access dispute

Division 3--Access determinations

Division 4--Variation of access determinations

Division 5--Compliance with access determinations

Division 6--Access dispute hearing procedure

Division 7--Joint access dispute hearings

Division 8--Miscellaneous matters

PART 11--General

• 76 Amendment of Schedule 1 to the NEL
• 77 Amendment of Schedule 2 to the NEL--Clause 1
• 78 Amendment of Schedule 2 to the NEL--Clause 2
• 79 Amendment of Schedule 2 to the NEL--Clause 4
• 80 Amendment of Schedule 2 to the NEL--Clause 8
• 81 Amendment of Schedule 2 to the NEL--Clause 10
• 82 Amendment of Schedule 2 to the NEL--New Parts 6A and 6B of Schedule 2 inserted

PART 6A--Evidentiary matters

Division 1--Publication on websites

Division 2--Evidentiary certificates

PART 6B--Commencement of this Law and Statutory instruments

• 83 Amendment of Schedule 2 to the NEL--Clause 39
• 84 Amendment of Schedule 2 to the NEL--Clause 41
• 85 Amendment of Schedule 2 to the NEL--Clause 42
• 86 Amendment of Schedule 3 to the NEL--Clause 1
• 87 Amendment of Schedule 3 to the NEL--New clause 4A inserted
• 88 Amendment of Schedule 3 to the NEL--New clauses 10A and 10B inserted
• 89 Amendment of Schedule 3 to the NEL--New clause 18 inserted

PART 3--Amendment of National Electricity (South Australia) Act 1996 to make consequential amendments

• 90 Amendment of section 12--Specific regulation-making power
• 91 Insertion of section 15

PART 4--Amendment of National Electricity (South Australia) Act 1996 to address local issues

• 92 Insertion of

PART 6--Transfer of economic regulation of electricity distribution to AER--local provisions