South Australian Current Acts

NATIONAL ELECTRICITY (SOUTH AUSTRALIA) ACT 1996 - SCHEDULE 3

Schedule 3—Savings and transitionals

(section 4)

Part 1—General

1—Definitions

In this Schedule—

ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth;

Code participant has the same meaning as in section 3 of the old National Electricity Law;

commencement day means the day on which section 12 of the South Australian amending Act comes into operation;

NECA means National Electricity Code Administrator Limited ACN 073 942 775;

new commencement day means the day on which section 88 of the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007 of South Australia comes into operation;

South Australian amending Act means the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia.

Note—

The Regulations may also contain provisions of an application, savings or transitional nature.

Part 2—General savings provision

2—Saving of operation of old National Electricity Law

        (1)         Subject to this Schedule, the repeal of the old National Electricity Law does not—

            (a)         revive anything not in force or existing at the time the repeal takes effect; or

            (b)         affect the previous operation of the old National Electricity Law or anything suffered, done or begun under or in accordance with the old National Electricity Law; or

            (c)         affect a right, privilege or liability acquired, accrued or incurred under the old National Electricity Law; or

            (d)         affect a penalty incurred in relation to an offence arising under the old National Electricity Law or penalty incurred in relation to a breach of a provision of the National Electricity Code; or

            (e)         affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.

        (2)         Subject to this Schedule, any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the old National Electricity Law had not been repealed.

Note—

The substitution of a Schedule to an Act repeals the Schedule.

Part 3—National Electricity Code changes

3—Current Code change and derogation proposals to be dealt with under this Law

        (1)         In this clause—

current Code change proposal means a proposed change to the National Electricity Code—

            (a)         that is not a derogation; and

            (b)         that NECA has not adopted and implemented in accordance with the National Electricity Code as at the commencement day;

current Code derogation proposal means an application for a derogation, or request for an extension of the period for which a derogation has been granted, that NECA has not granted in accordance with the National Electricity Code as at the commencement day;

derogation has the same meaning as in Chapter 10 of the National Electricity Code;

interested party means—

            (a)         a Code participant; or

            (b)         a person who is an interested party within the meaning of the National Electricity Code;

relevant Code change step means a requirement under the National Electricity Code that must be complied with for the purpose of—

            (a)         making a change to the National Electricity Code; or

            (b)         making a derogation or extending the period for which a derogation has been granted;

relevant Rule-making step means a requirement under a provision of Part 7 of this Law that the AEMC must comply with in the making of a Rule under that Part.

        (2)         Subject to this clause, on the commencement day every current Code change proposal is to be taken to be a request for the making of a Rule under Part 7 of this Law and may be made by the AEMC in accordance with that Part.

        (3)         Subject to this clause, on the commencement day every current Code derogation proposal is to be taken to be a request for the making of a participant derogation under Part 7 of this Law and may be made by the AEMC in accordance with that Part.

        (4)         The AEMC may decide to dispense, or not comply, with a relevant Rule-making step in respect of a current Code change proposal or current Code derogation proposal if it is of the opinion that the relevant Rule-making step duplicates or is consistent with a relevant Code change step that has already been taken under the National Electricity Code.

        (5)         On making a decision under subclause (4), the AEMC must publish a notice of that decision—

            (a)         in a newspaper circulating generally throughout Australia; and

            (b)         on its website.

Note—

A person aggrieved by a decision of the AEMC under subclause (4) may apply to the Court under section 70 for judicial review of the decision.

4—Current jurisdictional derogation proposals to be made under this Law

        (1)         In this clause—

current jurisdictional derogation change proposal means a change to a jurisdictional derogation in respect of which NECA has not published a notice of the change in accordance with clause 9.1.1(h) of the National Electricity Code;

jurisdictional derogation has the same meaning as in clause 9.1.1 of the National Electricity Code;

relevant jurisdictional derogation change step means a requirement under Chapter 9 of the National Electricity Code that must be complied with for the purpose of making a change to a jurisdictional derogation;

relevant Rule-making step means a requirement under a provision of Part 7 of this Law that the AEMC must comply with in the making of a Rule under that Part.

        (2)         Subject to this clause, on the commencement day, every current jurisdictional derogation change proposal is to be taken to be a request for the making of a jurisdictional derogation under Part 7 of this Law and may be made by the AEMC in accordance with that Part.

        (3)         The AEMC may decide to dispense, or not comply, with a relevant Rule-making step in respect of a current jurisdictional derogation change proposal if it is of the opinion that the relevant Rule-making step duplicates or is consistent with a relevant jurisdictional derogation change step that has already been undertaken under Chapter 9 of the National Electricity Code.

        (4)         On making a decision under subclause (3), the AEMC must publish a notice of that decision—

            (a)         in a newspaper circulating generally throughout Australia; and

            (b)         on its website.

Note—

A person aggrieved by a decision of the AEMC under subclause (3) may apply to the Court under section 70 for judicial review of the decision.

4A—Transitional arrangements relating to additional Minister initiated Rules

        (1)         This clause applies if the AEMC receives a request under section 91(1) for the making of a Rule that relates to a Rule that will be amended or revoked by an additional Minister initiated Rule before all of the additional Minister initiated Rules have come into operation.

        (2)         Despite anything to contrary in this Law, the AEMC may—

            (a)         if the request relates to a Rule that will be revoked by an additional Minister initiated Rule—refuse to take action under Part 7 of this Law in respect of that request; or

            (b)         if the request relates to a Rule that will be amended by an additional Minister initiated Rule—treat the request as a request for the making of a Rule that relates to the additional Minister initiated Rule.

        (3)         If the AEMC decides to act under this clause, the AEMC must, as soon as practicable after making the decision—

            (a)         inform the person or body that made the request of its decision; and

            (b)         give that person reasons in writing for that decision.

        (4)         Despite anything to the contrary in this Law, a request for a Rule in respect of which the AEMC has decided to refuse to take action under Part 7 of this Law must, on the date of that decision, be taken to have never been made.

Part 4—Registration

5—Code participants deemed to be Registered participants

A Code participant (other than NEMMCO) registered under the National Electricity Code immediately before the commencement day is, on that day, deemed to be—

            (a)         a Registered participant; and

            (b)         registered under this Law and the National Electricity Rules in the same category of registration as the category of registration that the Code participant was registered under National Electricity Code immediately before that day.

6—Exemptions

On the commencement day—

            (a)         an exemption given by NEMMCO under clause 2.2.1(c) of the National Electricity Code in force immediately before that day is deemed to be an exemption granted under section 12(5);

            (b)         an exemption granted by NECA under clause 2.5.1(d) of the National Electricity Code in force immediately before that day is deemed to be an exemption granted under section 13(3).

Part 5—References to the National Electricity Code and specific provisions or terms

7—References to the National Electricity Code

Unless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to the National Electricity Code is deemed to be a reference to the National Electricity Rules.

8—References to provisions of the National Electricity Code

Unless the context otherwise requires, on and from the commencement day, every reference to a provision of the National Electricity Code in a document (however described) is deemed to be a reference to the provision of the National Electricity Rules that corresponds to that provision of the National Electricity Code.

9—References to Code participants

        (1)         Unless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to a Code participant (other than NEMMCO) within the meaning of the old National Electricity Law is deemed to be a reference to a Registered participant.

        (2)         Unless the context otherwise requires, on and from the commencement day, every reference in a document (however described) to a Code participant (within the meaning of the old National Electricity Law) that is NEMMCO is deemed to be a reference to NEMMCO.

Part 6—Investigations and proceedings

10—Investigations into breaches and possible breaches of the Code

        (1)         On and from the commencement day, a NECA investigation may be conducted and completed by the AER in accordance with this Law, the Regulations and the Rules as if that investigation were commenced by the AER under this Law, the Regulations and the Rules.

        (2)         In this clause—

NECA investigation means an investigation into a breach or possible breach of the National Electricity Code by NECA under the old National Electricity Law and National Electricity Code that—

            (a)         has been commenced by NECA before the commencement day; and

            (b)         has not been completed by NECA before the commencement day.

10A—AER may conduct investigations into breaches or possible breaches of NEL not investigated by NECA

        (1)         Despite anything to the contrary in this Schedule, the AER may, on and from the new commencement day, conduct an investigation into a breach or possible breach of the National Electricity Code.

        (2)         In conducting an investigation referred to in subclause (1), the AER has all the functions, and may exercise all the powers, NECA had under the old National Electricity Law and National Electricity Code to conduct an investigation into a breach or possible breach of the National Electricity Code.

10B—AER may bring proceedings in relation to breaches of National Electricity Code in the Court

        (1)         In this clause—

AER breach investigation means an investigation conducted and completed by the AER in accordance with clause 10 or 10A.

        (2)         On and from the new commencement day, the AER may bring proceedings in the Court in respect of an AER breach investigation.

        (3)         Despite anything to the contrary in clause 2, for the purposes this clause, sections 17(1)(b) and 44 of the old National Electricity Law apply to a proceeding under this clause as if—

            (a)         a reference to the Tribunal were a reference to the Court; and

            (b)         a reference to NECA were a reference to the AER.

Part 7—Funds

11—Civil penalties fund

        (1)         On the commencement day, all money standing to the credit of the civil penalties fund immediately before that day vests in the AEMC.

        (2)         In this clause—

civil penalties fund has the same meaning as in section 66 of the old National Electricity Law.

Part 8—Other

12—Continuation of Reliability Panel

        (1)         On the commencement day—

            (a)         the persons appointed under clause 8.8 of the National Electricity Code, and comprising the Reliability Panel immediately before that day, are deemed to be the persons appointed to comprise the Reliability Panel established under section 38; and

            (b)         the Reliability Panel established under section 38 is deemed to be the same body as the Reliability Panel established under clause 8.8 of the National Electricity Code.

        (2)         However, despite anything to the contrary in the National Electricity Rules, the persons deemed to be appointed to comprise the Reliability Panel under subclause (1) must, unless they earlier resign from the Reliability Panel, cease to comprise the Reliability Panel on the day that is 6 months after the commencement day.

        (3)         To avoid doubt, each of the persons who cease to be appointed to comprise the Reliability Panel by operation of subclause (2), or earlier resign as contemplated by subclause (2), are eligible to be reappointed to the Reliability Panel in accordance with section 38 and the National Electricity Rules.

13—Jurisdictional system security coordinator

On the commencement day, the Jurisdictional Co-ordinator appointed by the Minister of this jurisdiction under clause 4.3.2(e) of the National Electricity Code is deemed to be appointed as the jurisdictional system security coordinator under section 110.

14—Rights under certain change of law provisions in agreements or deeds not to be triggered

        (1)         The repeal of the old National Electricity Law and the commencement of this Law and the initial National Electricity Rules is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.

Note—

The substitution of a Schedule to an Act repeals the Schedule.

        (2)         Subclause (1) applies despite any provision in any agreement or deed to the contrary.

15—Certain undertakings to cease effect on commencement day

        (1)         Any deed entered into by a Code participant for the purposes of clause 2.8.2 of the National Electricity Code and in effect immediately before the commencement day, ceases to have effect on that day.

        (2)         Subclause (1) does not affect a right, privilege or liability acquired, accrued or incurred under a deed referred to in that subclause, or under the National Electricity Code by force of a deed referred to in that subclause, except as otherwise provided by the Regulations.

Part 9—Tasmanian participation in the national electricity market

16—Jurisdictional derogations relating to Tasmania's entry into national electricity market

        (1)         Despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, the Minister of the Crown in right of Tasmania nominated under section 6(2) may, in writing, direct the AEMC to make a jurisdictional derogation that is substantially the same as the changes to the National Electricity Code—

            (a)         authorised by the ACCC under Part VII of the Competition and Consumer Act 2010 of the Commonwealth in the determination of the ACCC entitled "Tasmanian Derogations and Vesting Contract – Tasmania's NEM entry", dated 14 November 2001; and

            (b)         in any determination of the ACCC varying the authorisation referred to in paragraph (a).

        (2)         The AEMC must, despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, make the jurisdictional derogation as soon as practicable after being given a direction under subclause (1).

        (3)         In making the jurisdictional derogation under subclause (2), the AEMC need not comply with Division 3 of Part 7 of this Law (other than sections 103(2), 104 and 105).

17—Definition of national electricity system to permit Tasmania to participate in national electricity market before commissioning of Basslink

        (1)         Despite anything to the contrary in this Law, the Regulations or the Rules, on and from the commencement day and until the relevant day, every reference in this Law, the Regulations or the Rules to the interconnected transmission and distribution system is to be read as including a reference to the interconnected transmission and distribution system in the State of Tasmania.

        (2)         The Minister in right of the Crown of South Australia administering Part 2 of the National Electricity (South Australia) Act 1996 of South Australia may, on being satisfied that Basslink will connect the electricity grids of the States of Tasmania and Victoria on a particular day, publish notice of that day in the South Australian Government Gazette .

        (3)         In this clause—

relevant day means the day notified under subclause (2);

Basslink has the same meaning as in the Electricity Supply Industry Act 1995 of Tasmania.

18—Operation and effect of Rule 6A.21.2 of the National Electricity Rules

Rule 6A.21.2 of the National Electricity Rules is deemed to have the same force and effect as it would have had if, at the time the Rule was made, section 34(3)(e) (as amended by section 28(2) of the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007 of South Australia) were in force.

Part 10—Transitional provisions related to AEMO amendments

19—Definitions

In this Part—

AEMO T means Australian Energy Market Operator (Transitional) Ltd (ACN 132 770 104);

costs of transition means expenditure incurred by the Commonwealth, AEMO T, AEMO and the former electricity planning authorities in or in relation to—

            (a)         restructuring NEMMCO in anticipation of its assumption of a wider role (as AEMO); or

            (b)         preparing for AEMO's assumption of its statutory functions;

current rules means the provisions of this Law and the Rules;

ESIPC means the Electricity Supply Industry Planning Council established under the Electricity Act 1996 of South Australia;

former electricity planning authority means—

            (a)         VENCorp; or

            (b)         ESIPC;

transitional special project expenditure means—

            (a)         expenditure incurred by NEMMCO in anticipation of its assumption (as AEMO) of its role as national transmission planner and expenditure incurred by AEMO in its role as national transmission planner during its first 3 years in that role; and

            (b)         expenditure incurred by NEMMCO in providing services to the national stakeholder steering committee for smart meters and expenditure incurred by AEMO in providing services to the national stakeholder steering committee for smart meters during the first 3 years after the changeover date.

20—Interaction between this Part and jurisdictional transitional arrangements

        (1)         This Part and any Regulations or Rules of a saving or transitional nature apply in a participating jurisdiction subject to any exclusions or qualifications made by or under an Act of the participating jurisdiction.

        (2)         In this clause—

Regulations or Rules of a saving or transitional nature means Regulations or Rules relating to the transition from the superseded jurisdictional rules to the current rules.

21—Recovery of costs of transition

        (1)         AEMO may recover the costs of transition as a component of the participant fees payable by Registered participants who are Market Customers.

        (2)         The costs of transition are to be recovered—

            (a)         over a period of 4 financial years from the changeover date; and

            (b)         in accordance with a schedule prepared by AEMO and published on its website.

        (3)         AEMO is not required to consult on the schedule.

22—Transitional special project expenditure

        (1)         AEMO may recover transitional special project expenditure as a component of the participant fees payable by Registered participants who are Market Customers.

        (2)         The expenditure is to be recovered—

            (a)         over a period of 4 financial years from the changeover date; and

            (b)         in accordance with a schedule prepared by AEMO and published on its website.

        (3)         AEMO is not required to consult on the schedule.

23—Interpretation of obsolete references

As from the day AEMO assumes responsibility for the operation of a market for electricity in a participating jurisdiction, references to the former operator of the market in an instrument (including a legislative instrument) relevant to the market are to be construed as references to AEMO.

Part 11—Application of National Energy Retail Law amendments

24—Application of National Energy Retail Law amendments

The amendments made to this Law by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia do not apply in a participating jurisdiction until the National Energy Retail Law is applied in that jurisdiction as a law of that jurisdiction.

Part 12—Transitional provision related to ECA amendments

25—Transitional provision—AEMO's consumer advocacy funding obligation

        (1)         AEMO may, until 30 June 2016, recover under this clause the amount of its consumer advocacy funding obligation under Rule 8.10 of the Rules (as in force immediately after the commencement of Rules made under section 90E of this Law) as a component of the participant fees payable by Registered participants who are Market Customers.

        (2)         AEMO's consumer advocacy funding obligation is, despite anything to the contrary in the structure of participant fees determination, to be recovered under this clause in accordance with a schedule prepared by AEMO and published on its website.

        (3)         AEMO is not required to consult on the schedule.

        (4)         In this clause—

structure of participant fees determination means the Structure of Participant Fees in the National Energy Market Determination and Report , dated 21 March 2011 and applying for the period from 1 July 2011 to 30 June 2016.

Part 13—Information publication

26—Information publication

The release of information given to the AER or AEMO in confidence before the commencement of this clause will be subject to the provisions of this Law in force immediately before that commencement.

Part 14—Transitional provision related to AER wholesale market reporting functions

27—Transitional provision related to AER wholesale market reporting functions

        (1)         Despite section 18C(3)—

            (a)         the first report prepared under section 18C(2)(a) must relate to the period of 2 years after the relevant day; and

            (b)         the second report prepared under section 18C(2)(a) must relate to the period of 4 years after the relevant day.

        (2)         In this clause—

relevant day means the day on which this clause comes into operation.

Part 15—Transitional provision related to AEMC rule making powers

28—AEMC rule making powers

The amendment to section 96 of this Law by section 9 of the Statutes Amendment (National Energy Laws) (Rules) Act 2018 does not apply to the making of—

            (a)         a Rule on a request under section 91(1) of this Law received by the AEMC before the commencement of this clause; or

            (b)         an AEMC initiated Rule (within the meaning of section 87 of this Law) in respect of which the AEMC has, before the commencement of this clause, published notice of its intention to make.

Part 16—Transitional provisions for rate of return instrument

29—Definitions

In this Part—

2013 non-binding guideline means the guideline about determining the rate of return on capital issued by the AER in 2013;

review , of the 2013 non-binding guideline, means the review of the guideline started by the AER in 2017;

stakeholders means—

            (a)         regulated network service providers and consumer organisations; or

            (b)         network service users and prospective network service users; or

            (c)         any of the following persons the AER considers appropriate to give the AER advice or comment about the review of the 2013 non-binding guideline—

                  (i)         persons engaged by a regulated network service provider, a consumer organisation or another entity to give the advice or comment;

                  (ii)         other persons the AER considers have the qualifications or experience appropriate to give the advice or comment;

            (d)         other persons the AER considers have an interest in the review of the 2013 non-binding guideline.

30—Making first rate of return instrument if review not completed before commencement

        (1)         This clause applies if—

            (a)         the review of the 2013 non-binding guideline is not completed before the commencement of this clause; and

            (b)         the AER has sought advice or comment from stakeholders in relation to the review; and

            (c)         at least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non-binding guideline under the Rules; and

            (d)         the draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review.

        (2)         Part 3 Division 1B Subdivision 3 does not apply in relation to making the first rate of return instrument.

        (3)         The independent panel mentioned in subclause (1)(d) must seek to give the AER a consensus report on the panel's review.

        (4)         However, a failure to give the AER a consensus report does not affect the making of the first rate of return instrument.

31—Making first rate of return instrument if review completed before commencement

        (1)         This clause applies if, before the commencement of this clause—

            (a)         the review of the 2013 non-binding guideline was completed and a new non-binding guideline is in force under the Rules; and

            (b)         the AER sought advice or comment from stakeholders in relation to the review; and

            (c)         at least 3 months before making the new non-binding guideline, the AER published on its website a draft of the proposed new non-binding guideline; and

            (d)         the draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and

            (e)         the independent panel gave the AER a report on the panel's review.

        (2)         The new non-binding guideline is taken to be the first rate of return instrument on the commencement.

        (3)         For section 18U, the instrument is taken to have been published on the AER's website on the commencement.

        (4)         The report mentioned in subclause (1)(e) need not be a consensus report on the panel's review.

32—Application of this Law to particular decisions

        (1)         The amended Law applies in relation to an AER economic regulatory decision made after the commencement even if any action or process for making the decision started before the commencement.

        (2)         However, subclause (1) does not apply in relation to an AER economic regulatory decision made before the commencement that has been remitted back to the AER to make the decision again.

        (3)         In this clause—

amended Law means this Law as amended by the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018 ;

commencement means the commencement of Part 3 Division 1B.

Part 17—Savings and transitional provisions related to Ministerial Council on Energy amendments

33—Definitions

In this Part—

Amendment Act means the Statutes Amendment (National Energy Laws) (Omnibus) Act 2021 ;

commencement day means the day on which section 5 of the Amendment Act comes into operation.

34—References to Ministerial Council on Energy

        (1)         On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 5 of the Amendment Act).

        (2)         In this clause—

agreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.

35—Rights under certain change of law provisions in agreements or deeds not to be triggered

        (1)         The substitution of the definition of the MCE by section 5 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.

        (2)         Subclause (1) applies despite any provision in any agreement or deed to the contrary.

36—Rights under contracts etc

        (1)         The substitution of the definition of the MCE by section 5 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day.

        (2)         On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 5 of the Amendment Act).

        (3)         Subclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.

37—Saving of decisions etc

The substitution of the definition of the MCE by section 5 of the Amendment Act does not affect the validity of—

            (a)         any decision or direction made by the MCE before the commencement day; or

            (b)         any appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.

Part 18—Transitional provisions related to national electricity objective amendments

38—Definitions

In this Part—

amended objective means the national electricity objective as in force on the commencement of this clause;

amending Act means the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 ;

government or regulatory entity means—

            (a)         the AEMC, the Reliability Panel, the AER, the MCE, the Energy Security Board or another government entity; or

            (b)         AEMO, other than to the extent it is exercising a power or performing a function under this Law or the Rules as—

                  (i)         a network service provider for a declared transmission system; or

                  (ii)         a declared transmission system operator;

start day —see clause 39(2)(a).

39—When amended objective takes effect for particular matters

        (1)         This clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national electricity objective including, for example, by—

            (a)         having regard to the national electricity objective; or

            (b)         doing the thing in a manner that will or is likely to contribute to the achievement of the national electricity objective.

        (2)         Despite section 4 of the amending Act—

            (a)         the national electricity objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day ) that is 2 months after the commencement of this clause; and

            (b)         the amended objective applies in relation to the doing of the thing from the start day.

        (3)         However, if the thing required or permitted to be done relates to a relevant revenue determination—

            (a)         on the commencement of this clause the amended objective applies to the doing of the thing; and

            (b)         clause 40(3) does not apply in relation to the doing of the thing.

        (4)         Subclauses (1) and (2) are subject to clause 40.

        (5)         In this clause—

relevant revenue determination means a revenue determination made under the Rules in relation to the following matters for the regulatory period 2024 to 2029:

            (a)         Ausgrid Operator Partnership ABN 78 508 211 731 for the distribution network supplying the Greater Sydney, Central Coast or Hunter Valley region of New South Wales;

            (b)         Endeavour Energy Network Operator Partnership ABN 11 247 365 823 for the distribution network in the Sydney Greater West, Blue Mountains, Southern Highlands, Illawaarra and South Coast regions of New South Wales;

            (c)         Essential Energy constituted under the Energy Services Corporations Act 1995 of New South Wales and specified in Part 2 of Schedule 1 of that Act;

            (d)         Evoenergy, the joint venture between Icon Distribution Investments Limited ACN 073 025 224 and Jemena Networks (ACT) Pty Ltd ACN 008 552 663 registered as a network service provider under section 12(1) of this Law for the distribution network in the Australian Capital Territory;

            (e)         Power and Water Corporation ABN 15 947 352 360 for the distribution network in the Northern Territory;

            (f)         Tasmanian Networks Pty Ltd ACN 167 357 299 for the distribution network and transmission network supplying Tasmania;

            (g)         a successor to the business of an entity mentioned in paragraphs (a) to (f).

40—Application of national electricity objective to particular matters in progress on start day

        (1)         This clause applies if—

            (a)         before the start day, a person or body had started, or was required or permitted to start, doing a thing under this Law; and

            (b)         on the start day—

                  (i)         the person or body has not finished doing the thing; or

                  (ii)         the period within which the thing is required or permitted to be done has not ended; and

            (c)         in doing the thing the person or body is required to consider or apply the national electricity objective by, for example—

                  (i)         having regard to the national electricity objective; or

                  (ii)         doing the thing in a manner that will or is likely to contribute to the achievement of the national electricity objective.

        (2)         The national electricity objective as in force before the commencement of this clause, and as continued under clause 39 until the start day, continues to apply in relation to the doing of the thing.

        (3)         However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.

        (4)         For subclause (1), the following matters are taken not to have been started, or required or permitted to have been started, before the start day:

            (a)         the making of a revenue determination under the Rules for a network service provider if, on the start day—

                  (i)         for a transmission network service provider under the Rules—a revenue proposal has not yet been submitted under clause 6A.10.1(a) of the Rules; or

                  (ii)         for a distribution network service provider under the Rules—a regulatory proposal has not yet been submitted under clause 6.8.2(a) of the Rules;

            (b)         the application of the regulatory investment test for transmission to an RIT-T project under the Rules, if a project assessment draft report for the RIT-T project has not yet been made available by the RIT-T proponent under clause 5.16.4(j) of the Rules or published under clause 5.16A.4(c) of the Rules before the start day;

            (c)         the application of the regulatory investment test for distribution to an RIT-D project under the Rules, if a draft project assessment report for the RIT-D project has not yet been published by the proponent under clause 5.17.4(i) of the Rules before the start day.

41—Administrative guidance about decisions under clause 40(3)

        (1)         If a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 40(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.

        (2)         The AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.

        (3)         A failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 40(3).

42—Administrative guidance about value of greenhouse gas emissions

        (1)         This clause applies if—

            (a)         administrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and

            (b)         the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and

            (c)         the guidance is consistent with any MCE statement.

        (2)         The value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.

        (3)         Subclause (4) applies in relation to a RIT-T project or RIT-D project under the Rules.

        (4)         Without limiting subclauses (1) and (2), if the AER issues the administrative guidance mentioned in subclause (1), the AER and RIT-D proponent or RIT-T proponent for the project under the Rules must comply with the administrative guidance in relation to the project.

        (5)         This clause applies until a Regulation or Rule takes effect for the matter described in subclause (1).

        (6)         In this clause—

MCE statement means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a Regulation or Rule mentioned in subclause (5) takes effect.

43—Validation of things done in relation to Rules before commencement

        (1)         This clause applies if, before the commencement of this clause—

            (a)         the MCE or a Minister of a participating jurisdiction had requested a Rule under section 91(1) in relation to the national electricity objective as if the amended objective were in force; and

            (b)         the AEMC had done a thing under Part 7, other than sections 103 to 105, in relation to the request.

        (2)         On the commencement of this clause—

            (a)         the thing is taken to have been validly done under Part 7; and

            (b)         the AEMC is taken to have satisfied a requirement under the Law to apply the national electricity objective in relation to the thing.