South Australian Numbered Acts

NATIONAL ELECTRICITY (SOUTH AUSTRALIA) (NATIONAL ELECTRICITY LAW--MISCELLANEOUS AMENDMENTS) AMENDMENT ACT 2007 (NO 53 OF 2007) - SECT 5

5—Amendment of section 2 of the NEL—Definitions

        (1)         NEL, section 2—before the definition of "AEMC initiated Rule insert:

"access determination" means a determination of the AER under Part 10;

"access dispute" has the meaning given by section 2A;

"additional Minister initiated Rules" means Rules made under section 90A by the Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia;

"AEMC" means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;

        (2)         NEL, section 2, definition of "AER economic regulatory function or power —delete the definition and substitute:

"AER" means the Australian Energy Regulator established by section 44AE of the Trade Practices Act 1974 of the Commonwealth;

"AER economic regulatory decision" means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power;

"AER economic regulatory function or power" means a function or power performed or exercised by the AER under this Law or the Rules that relates to the economic regulation of services provided by—

            (a)         a regulated distribution system operator by means of, or in connection with, a distribution system; or

            (b)         a regulated transmission system operator by means of, or in connection with, a transmission system,

and includes a function or power performed or exercised by the AER under this Law or the Rules that relates to—

            (c)         the preparation of a network service provider performance report;

            (d)         the making of, as the case requires, a distribution determination or transmission determination;

            (e)         an access determination;

"associate" in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 did not form part of that Act;

        (3)         NEL, section 2, definitions of "Australian Energy Market Commission" and "Australian Energy Regulator"—delete the definitions

        (4)         NEL, section 2—after the definition of "derogation" insert:

"direct control network service" has the meaning given by section 2B;

"distribution determination" means a determination of the AER under the Rules that regulates any 1 or more of the following:

            (a)         the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a distribution system charges or may charge for those services;

            (b)         the revenue an owner, controller or operator of a distribution system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules;

"distribution reliability standard" means a standard imposed by or under the Rules or jurisdictional electricity legislation relating to the reliability or performance of a distribution system;

"distribution service standard" means a standard relating to the standard of services provided by a regulated distribution system operator by means of, or in connection with, a distribution system imposed—

            (a)         by or under jurisdictional electricity legislation; or

            (b)         by the AER in accordance with the Rules;

"distribution system safety duty" means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to—

            (a)         the safe distribution of electricity in that jurisdiction; or

            (b)         the safe operation of the distribution system in that jurisdiction;

        (5)         NEL, section 2—after the definition of "draft Rule determination insert:

"electricity network service" means a service provided by means of, or in connection with, a transmission system or distribution system;

        (6)         NEL, section 2, definition of "electricity services —delete paragraph (b) and substitute:

            (b)         electricity network services;

        (7)         NEL, section 2—after the definition "electricity services insert:

"end user" means a person who acquires electricity or proposes to acquire electricity for consumption purposes;

        (8)         NEL, section 2—after the definition of "final Rule determination insert:

"form of regulation factors" has the meaning given by section 2F;

"general regulatory information order" has the meaning given by section 28C;

        (9)         NEL, section 2—after the definition of "initial National Electricity Rules insert:

"interconnected national electricity system" means the interconnected transmission and distribution system in this jurisdiction and in the other participating jurisdictions used to convey and control the conveyance of electricity to which are connected—

            (a)         generating systems and other facilities; and

            (b)         loads settled through the wholesale exchange operated and administered by NEMMCO under this Law and the Rules;

        (10)         NEL, section 2, definition of "jurisdictional electricity legislation —delete the definition and substitute:

"jurisdictional electricity legislation" means an Act of a participating jurisdiction (other than national electricity legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the generation, transmission, distribution, supply or sale of electricity in that jurisdiction;

        (11)         NEL, section 2, definition of "jurisdictional regulator", paragraphs (a) to (e)—delete the paragraphs and substitute:

            (a)         if this Law is applied as a law of the State of New South Wales—

                  (i)         the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; or

                  (ii)         if the functions or powers of the Independent Pricing and Regulatory Tribunal of New South Wales under this Law are transferred to the AER by or under a law of New South Wales, the AER;

            (b)         if this Law is applied as a law of the State of Victoria—

                  (i)         the Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria; or

                  (ii)         if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of Victoria, the AER;

            (c)         if this Law is applied as a law of the State of Queensland—

                  (i)         the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; or

                  (ii)         if the functions or powers of the Queensland Competition Authority under this Law are transferred to the AER by or under a law of Queensland, the AER;

            (d)         if this Law is applied as a law of the State of South Australia—

                  (i)         the Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia; or

                  (ii)         if the functions or powers of that Essential Services Commission under this Law are transferred to the AER by or under a law of South Australia, the AER;

            (e)         if this Law is applied as a law of the Australian Capital Territory—

                  (i)         the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; or

                  (ii)         if the functions or powers of the Independent Competition and Regulatory Commission for the Australian Capital Territory under this Law are transferred to the AER by or under a law of the Australian Capital Territory, the AER;

        (12)         NEL, section 2—after the definition of "MCE" insert:

"MCE directed review" means a review conducted by the AEMC under Division 4 of Part 4;

        (13)         NEL, section 2, definition of "national electricity market objective —delete the definition and substitute:

"national electricity objective" means the objective set out in section 7;

        (14)         NEL, section 2, definition of "National Electricity Rules —

            (a)         after paragraph (a) insert:

            (ab)         additional Minister initiated Rules; and

            (b)         in paragraph (b)(i)—after "Rules" insert:

or additional Minister initiated Rules

        (15)         NEL, section 2, definition of "national electricity system —

            (a)         delete "interconnected transmission and distribution system referred to in paragraph (b)" and substitute:

interconnected national electricity system

            (b)         delete paragraph (b) and substitute:

            (b)         the interconnected national electricity system;

        (16)         NEL, section 2—after the definition of "national electricity system insert:

"negotiated network service" has the meaning given by section 2C;

        (17)         NEL, section 2—after the definition of "NEMMCO" insert:

"network revenue" or "pricing determination" means a distribution determination or a transmission determination;

"network service provider" means a Registered participant registered for the purposes of section 11(2) that owns, controls or operates a transmission system or distribution system that forms part of the interconnected national electricity system;

"network service provider performance report" means a report prepared by the AER under section 28V;

"network service user" means a user who is provided with an electricity network service;

        (18)         NEL, section 2, definition of "offence provision —delete the definition and substitute:

"offence provision" means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court;

"officer" has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;

        (19)         NEL, section 2—after the definition of "power system security insert:

"prospective network service user" means a person who seeks or wishes to be provided with an electricity network service;

        (20)         NEL, section 2—after the definition of "Registered participant insert:

"regulated distribution system operator" means an owner, controller or operator of a distribution system—

            (a)         who is a Registered participant; and

            (b)         whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a distribution determination;

"regulated network service provider" means—

            (a)         a regulated distribution system operator; or

            (b)         a regulated transmission system operator;

        (21)         NEL, section 2, definition of "regulated transmission system operator —delete paragraph (b) and substitute:

            (b)         whose revenue from, or prices that are charged for, the provision of electricity network services are regulated under a transmission determination;

        (22)         NEL, section 2, definition of "regulatory obligation —delete the definition and substitute:

"regulatory information instrument" means a general regulatory information order or a regulatory information notice;

"regulatory information notice" has the meaning given by section 28D;

"regulatory obligation or requirement" has the meaning given by section 2D;

"regulatory payment" has the meaning given by section 2E;

        (23)         NEL, section 2—after the definition of "Reliability Panel insert:

"revenue and pricing principles" means the principles set out in section 7A;

        (24)         NEL, section 2, definition of "transmission determination —delete the definition and substitute:

"transmission determination" means a determination of the AER under the Rules that regulates any 1 or more of the following:

            (a)         the terms and conditions for the provision of electricity network services that are the subject of economic regulation under the Rules including the prices an owner, controller or operator of a transmission system charges or may charge for those services;

            (b)         the revenue an owner, controller or operator of a transmission system earns or may earn from the provision by that owner, controller or operator of electricity network services that are the subject of economic regulation under the Rules;

        (25)         NEL, section 2—definition of "transmission service standard —delete "Rules." and substitute:

Rules;

        (26)         NEL, section 2—after the definition of "transmission service standard insert:

"transmission system safety duty" means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to—

            (a)         the safe transmission of electricity in that jurisdiction; or

            (b)         the safe operation of the transmission system in that jurisdiction;

"Tribunal" means the Australian Competition Tribunal referred to in the Trade Practices Act 1974 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.

        (27)         NEL, section 2—after the definition of "distribution service standard insert:

"distribution system" means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or as forming part of, a distribution system;

        (28)         NEL, section 2—after the definition of "transmission service standard insert:

"transmission system" means the apparatus, electric lines, equipment, plant and buildings used to convey or control the conveyance of electricity that the Rules specify as, or forming part of, a transmission system;