South Australian Current Acts South Australian Current Acts15B—Regulation-making power for purposes of scheme and fund in relation
to electricity capacity
(1) The Governor may,
by regulation, establish a scheme or a fund (or both) for the purposes of
providing long duration dispatchable electricity capacity to ensure secure,
reliable and affordable electricity supply for the State.
(2) Without limiting
the matters that may be the subject of regulations under this section, the
regulations may make provisions—
(a)
establishing bodies and providing for the appointment of persons to perform
functions in respect of the scheme; and
(b)
imposing duties and obligations on market participants (within the meaning of
the National Electricity Rules), including to provide or procure capacity; and
(c)
enabling the Minister to issue directions and make declarations and guidelines
in respect of the scheme; and
(d)
enabling the
Minister to make rules (the "rules") in respect of the scheme; and
(e)
enabling the Minister or another entity conferred with functions under the
scheme to delegate their functions to another entity; and
(f)
creating offences for contravention of the scheme; and
(g)
providing for, or for the calculation of, penalties (whether civil or
criminal) in connection with the scheme; and
(h)
imposing fees and charges on, and providing for the making of financial
contributions by, market participants (within the meaning of the National
Electricity Rules) in respect of the scheme, including for the purposes of
recovering the costs of the scheme; and
(i)
requiring market participants (within the meaning of the
National Electricity Rules) to make contributions to the fund (including in
accordance with any scheme); and
(j)
specifying the purposes for which money in the fund may be expended (including
for the purposes of any scheme); and
(k)
providing for dispute resolution, review and appeal mechanisms and the
conferral of jurisdiction on a court, tribunal or other body to hear and
determine proceedings for the purposes of such mechanisms; and
(l)
modifying the application of, or disapplying a provision of, the National
Electricity (South Australia) Law or the National Electricity Rules to the
extent reasonably necessary to enable the operation of the scheme or the fund
(or both); and
(m)
imposing or varying conditions on licences issued under Part 3
Division 1 of the Electricity Act 1996 , despite any provision of
that Act.
(3) The regulations
and the rules may—
(a) be
of general or limited application; and
(b) make
different provision according to the matters or circumstances to which they
are expressed to apply; and
(c) make
provisions of a saving or transitional nature consequent on the making of
regulations or rules under this section; and
(d)
provide that a matter or thing in respect of which regulations or rules may be
made is to be determined according to the discretion of the Minister or
another entity; and
(e)
apply, incorporate, adopt or make reference to, wholly or partially and with
or without modification, a code, standard, policy or other document prepared
or published by the Minister or another entity.
(4) If a code,
standard or other document is referred to or incorporated in the regulations
or the rules—
(a) a
copy of the code, standard or other document must be kept available for public
inspection, without charge and during ordinary office hours, at an office or
offices specified in the regulations or rules (as the case requires); and
(b)
evidence of the contents of the code, standard or other document may be given
in any legal proceedings by production of a document apparently certified by
the Minister to be a true copy of the code, standard or other document.