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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Emergency Management (Electricity Supply Emergencies)
Amendment Bill 2017
A BILL FOR
An Act to amend the
Emergency
Management Act 2004
.
Contents
Part 2—Amendment of Emergency
Management Act 2004
4Amendment of section 2—Objects and guiding
principles
5Amendment of section
3—Interpretation
6Amendment of section 4—Application of
Act
26AAInteraction
with Division 6
8Insertion of Part 4 Division 6
Division 6—Electricity supply
emergencies
27BMinister may declare
electricity supply emergency
27CMinister's power
to give directions
27DMinister's power to require
information or documents
27EObligation to
preserve confidentiality
27FManner in which
notices may be given
27HInquiries
relating to electricity supply emergencies etc
28AOffences against
Part 4 Division 6
10Amendment of section 32—Protection from
liability
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Emergency Management (Electricity Supply
Emergencies) Amendment Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Emergency Management
Act 2004
4—Amendment
of section 2—Objects and guiding principles
Section 2(2)—after paragraph (d) insert:
(da) making provision for declarations relating to electricity supply
emergencies; and
5—Amendment
of section 3—Interpretation
Section 3—after the definition of disaster
insert:
electricity supply emergency—see section 27B;
6—Amendment
of section 4—Application of Act
Section 4—before its present contents (now to be designated as
subsection (2)) insert:
(1) It is the intention of the Parliament that this Act apply within the
State and outside the State to the full extent of the extra-territorial
legislative capacity of the Parliament.
After section 26 insert:
26AA—Interaction with Division
6
Except as provided in section 26, if an electricity supply emergency has
been declared under Division 6, no direction may be given under this Division of
a kind that could be given under Division 6.
8—Insertion
of Part 4 Division 6
After section 27 insert:
Division 6—Electricity supply
emergencies
27A—Interpretation
(1) In this Division—
AEMO means the Australian Energy Market Operator Limited
(ACN 072 010 327);
generation of electricity has the same meaning as in the
Electricity
Act 1996
;
interconnector means a transmission line, or group of
transmission lines, that connects the transmission networks in adjacent
regions;
market participant means—
(a) AEMO;
(b) any person who engages in generation of electricity;
(c) any person who engages in retailing of electricity;
Minister means the Minister responsible for the
administration of the
Electricity
Act 1996
;
National Electricity Law—see the Schedule of the
National
Electricity (South Australia) Act 1996
;
national electricity market has the same meaning as in the
National Electricity Law;
National Electricity Rules means the National Electricity
Rules as defined in the National Electricity Law;
retailing of electricity has the same meaning as in the
Electricity
Act 1996
;
spot market has the same meaning as in the National
Electricity Rules;
transmission network has the same meaning as in the
Electricity
Act 1996
.
(2) This Division is in addition to, and does not derogate from, any other
powers under this Act in relation to an emergency.
27B—Minister may declare electricity supply
emergency
(1) If it appears
to the Minister, on reasonable grounds, that the supply of electricity to all or
part of the South Australian community is disrupted to a significant degree, or
there is a real risk that it may be disrupted to a significant degree, the
Minister may declare an electricity supply emergency.
(2) A declaration under
this section—
(a) subject to
paragraph (b)
, remains in force for the period specified in the declaration (which must
not exceed 14 days); but
(b) may, with the
approval of the Governor granted before the expiration of the period so
specified, be extended once for such a period as the Minister thinks is
reasonably necessary to respond to the electricity supply emergency (provided
that the period of the extension must not exceed 14 days).
(3) A declaration under this section, and any extension of the period of
the declaration under
subsection (2)(b)
, must be in writing and published in a manner and form determined by the
Minister.
(4) The Minister may, at any time, revoke a declaration under this
section.
27C—Minister's power to give
directions
(1) On the declaration of an electricity supply emergency, and while that
declaration remains in force, the Minister may give directions to any market
participants that the Minister thinks are reasonably necessary to respond to the
electricity supply emergency.
(2) Without limiting
subsection (1)
, directions may, for example—
(a) require AEMO to restrict electricity flow on an interconnector in
accordance with requirements specified in the direction;
(b) require AEMO to give directions to any other market participants
(being directions of a kind that AEMO is authorised or permitted to give under
another Act or law);
(c) require AEMO to suspend the spot market in South Australia;
(d) require any specified persons who engage in generation of electricity,
or any class of such persons, to generate electricity in accordance with
requirements specified in the direction.
(3) A direction under this section—
(a) operates for a period specified in the direction (which may be defined
by reference to specified days or to the happening of specified events, provided
that the direction may only operate during the period of the declared
electricity supply emergency); and
(b) may be varied or revoked by a subsequent direction under this section
(with effect at a specified time or on the happening of a specified
event).
(4) The Minister must,
to the extent that it is reasonably practicable to do so in all the
circumstances (and having regard to the urgency of the situation) consult with a
market participant the subject of the proposed direction under this section
before giving the direction.
(5) In giving a
direction under this section, the Minister must, to the extent that it is
reasonably practicable to do so, take reasonable steps to avoid unduly
interfering with the operation of the national electricity market, the National
Electricity Rules and the National Electricity Law.
(6) A failure by the Minister to comply with
subsection (4)
or
(5)
will not invalidate a direction.
(7) For the avoidance of doubt, a direction given under this section
creates a mandatory duty to comply with that direction notwithstanding any other
Act or law, including the
National
Electricity (South Australia) Act 1996
.
27D—Minister's power to require information or
documents
(1) The Minister may require a person—
(a) to give the Minister within a specified time, or at specified times,
specified information; or
(b) to produce to the Minister within a specified time, or at specified
times, specified documents,
that the Minister reasonably requires—
(c) to determine whether there is, or is likely to be, an electricity
supply emergency; or
(d) to plan for the future exercise of powers under this Division;
or
(e) to otherwise administer or enforce this Division.
(2) If a person is required to give information or produce a document
under this section and the information or document would tend to incriminate the
person of an offence, the person must nevertheless give the information or
produce the document, but—
(a) if the person is a natural person, the information or document so
given or produced will not be admissible in evidence against the person in
proceedings for an offence (other than an offence relating to the making of a
false or misleading statement or declaration); and
(b) if the person is a body corporate—
(i) the information or document so given or produced will not be
admissible in evidence against a director of the body corporate in proceedings
for an offence (other than an offence relating to the making of a false or
misleading statement or declaration); and
(ii) a director will not be guilty of an offence (other than an offence
relating to the making of a false or misleading statement or declaration) as a
result of the body corporate having been found guilty of an offence in
proceedings in which the information or document so given or produced was
admitted in evidence against the body corporate.
(3) For the avoidance of doubt, powers may be exercised under this section
whether or not an electricity supply emergency has been declared.
27E—Obligation to preserve
confidentiality
(1) The Minister
must preserve the confidentiality of information gained in the course of the
performance of the Minister's functions under this Division
that—
(a) could affect the competitive position of a market participant or other
person; or
(b) is commercially sensitive for some other reason.
(2)
Subsection (1)
does not apply to—
(a) the disclosure of information between persons engaged in the
administration of this Division; or
(b) the disclosure of information as required for the purposes of legal
proceedings related to this Division.
(3) Information classified by the Minister as confidential under this
section is not liable to disclosure under the
Freedom
of Information Act 1991
.
27F—Manner in which notices may be
given
A direction or requirement to be given to, or made of, a person under this
Division must—
(a) be given or made by notice in writing served on the person, personally
or by post; or
(b) if the Minister is of the opinion that good reason exists for doing
so, be given or made by telephone, fax, email or some other form of electronic
transmission (however, in such a case, a written record of the direction or
requirement must be served on the person, personally or by post, as soon as is
reasonably practicable).
27G—Delegation
(1) The Minister may delegate any functions or powers under this
Division—
(a) to the person for the time being holding or acting in a particular
office or position; or
(b) to any other person or body.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Minister to act in any matter;
and
(d) is revocable at will by the Minister.
27H—Inquiries relating to electricity supply
emergencies etc
The Minister may, if the Minister thinks fit—
(a) following the declaration of an electricity supply emergency, refer
any matter relating to the declaration, or to any directions given following the
declaration, to the Essential Services Commission for inquiry in accordance with
Part 7 of the
Essential
Services Commission Act 2002
; or
(b) refer any matter relating to directions given following the
declaration of an electricity supply emergency or relating to an exercise of
powers under
section 27D
to the Technical Regulator established under the
Electricity
Act 1996
for inquiry and report in accordance with any requirements and procedures
prescribed by the regulations.
After section 28 insert:
28A—Offences against Part 4 Division
6
(1) A person who
fails to comply with a direction of the Minister under section 27C is guilty of
an offence.
Maximum penalty: $250 000.
(2) A person
required to give information, or produce documents, to the Minister under
section 27D must provide the information or produce documents within the
time, or at the times, specified by that Minister.
Maximum penalty: $100 000.
(3) A prosecution
for an offence against
subsection (1)
or
(2)
may only be commenced with the consent of the Minister.
(4) In any legal proceedings an apparently genuine certificate, purporting
to be signed by the Minister, certifying that the Minister consented to the
commencement of a prosecution referred to in
subsection (3)
will, in the absence of proof to the contrary, be accepted as proof of the
matters so certified.
(5) An offence against
subsection (1)
or
(2)
may be prosecuted as an indictable offence or summary offence at the
discretion of the prosecutor but, if prosecuted as a summary offence, the
maximum penalty that may be imposed is a fine not exceeding
$10 000.
(6) In this section—
Minister has the same meaning as in Part 4 Division
6.
10—Amendment
of section 32—Protection from liability
(1) Section 32(1)—delete "the State Co-ordinator, an authorised
officer or other" and substitute:
a
(2) Section 32(1)(b)—delete "in relation to an emergency"
(3) Section 32(2)—delete "A liability" and substitute:
Subject to subsection (3), a liability
(4) Section 32—after subsection (2) insert:
(3) No liability attaches to the Crown in respect of acts or
omissions—
(a) in making a declaration under Part 4 Division 6; or
(b) in giving a direction to a person, or imposing a requirement on a
person, under Part 4 Division 6; or
(c) in the carrying out of a direction given, or a requirement imposed,
under Part 4 Division 6.
The Minister responsible for the administration of the
Electricity
Act 1996
must—
(a) ensure that the amendments to the
Emergency
Management Act 2004
enacted by this Act are reviewed as soon as practicable after the fifth
anniversary of the commencement of this Act; and
(b) cause a report on the outcome of the review to be tabled in both
Houses of Parliament within 12 sitting days after its completion.