Statutes Amendment (National Energy Laws) (Other Gases) Bill 2023 (SA)

South Australia Statutes Amendment (National Energy Laws) (Other Gases) Bill 2023 A Bill For An Act to amend the National Gas (South Australia) Act 2008 and the National Energy Retail Law (South Australia) Act 2011.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Amendment provisions Part 2—Amendment of National Gas (South Australia) Act 2008 4 Amendment of section 9—Interpretation of some expressions in National Gas (South Australia) Law and National Gas (South Australia) Regulations 5 Amendment of section 17—Exemption from taxes Part 3—Amendment of National Gas Law 6 Amendment of section 2—Definitions 7 Insertion of section 2A 2A Additives and impurities 8 Amendment of section 8A—Nominated distributors 9 Amendment of section 10—Things done by 1 service provider to be treated as being done by all of service provider group 10 Amendment of section 12—Commissioning of a pipeline 11 Insertion of section 14 14 Local regulations may exempt pipeline 12 Amendment of section 16—Form of regulation factors 13 Amendment of section 23—National gas objective 14 Amendment of section 24A—Innovative trial principles 15 Amendment of section 27—Functions and powers of the AER 16 Amendment of section 28—Manner in which AER must perform or exercise AER economic regulatory functions or powers 17 Amendment of section 30I—Consumer reference group 18 Amendment of section 30U—Definitions 19 Amendment of section 30W—Trial waiver 20 Amendment of section 54—Further provision about the information that may be described in a regulatory information instrument 21 Amendment of section 74—Subject matter for National Gas Rules 22 Repeal of sections 83A and 83AA 23 Amendment of section 83B—Standard market timetable 24 Amendment of section 83D—False or misleading statements 25 Amendment of section 91A—AEMO's statutory functions 26 Amendment of section 91AD—AEMO′s east coast gas system reliability and supply adequacy functions 27 Amendment of section 91AF—AEMO′s power of direction—east coast gas system reliability and supply adequacy 28 Amendment of section 91BA—AEMO's declared system functions 29 Amendment of section 91BC—AEMO's power of direction 30 Amendment of section 91BF—Interconnection with facilities 31 Amendment of section 91BI—Market participation 32 Amendment of section 91BP—Title to gas 33 Amendment of section 91BQ—Immunity 34 Amendment of section 91BRB—AEMO's STTM functions 35 Amendment of section 91BRC—Market participation 36 Amendment of section 91BRF—Title to gas 37 Amendment of section 91BRG—Gas supplied to STTM hub must meet quality specifications specified in the Rules 38 Amendment of section 91BRK—AEMO's gas trading exchange functions 39 Amendment of section 91D—Object and content of gas statement of opportunities 40 Amendment of section 91DA—AEMO's obligation in regard to gas statement of opportunities 41 Amendment of section 91DB—Information for the gas statement of opportunities 42 Amendment of section 91FEA—Obligation to give information to AEMO 43 Insertion of Chapter 2 Part 6 Division 6 Subdivision 5 Subdivision 5—Declared wholesale gas market information 91FEJ Information required to be given to AEMO 91FEK Person cannot rely on duty of confidence to avoid compliance with obligation 91FEL Giving AEMO false or misleading information 91FEM Immunity of persons giving information to AEMO 44 Amendment of section 91GG—Disclosure of protected information for safety, proper operation of the market etc 45 Amendment of section 91KA—Supply interruption or disconnection in compliance with AEMO's direction 46 Amendment of section 91KD—Disclosure of information for purpose of market trials 47 Amendment of section 91L—Retail gas markets 48 Amendment of section 91LA—Retail market participation 49 Amendment of section 137—Definitions 50 Amendment of section 147—Service provider must not enter into or give effect to associate contracts that have anti-competitive effect 51 Substitution of section 148A 148AA Exemptions from section 147(c) 148A Exemptions from particular requirements 52 Insertion of Chapter 5A Chapter 5A—Third‑party access obligations for non‑pipeline facilities Part 1—Information transparency 197 Definitions 198 Information and transparency requirements relating to facilities 199 Publication of information relating to facilities Part 2—Access to certain facilities 200 Definitions 201 Preventing or hindering access to relevant facilities 202 Terms and conditions must not discriminate 203 Duty to negotiate in good faith 204 Rules about ring fencing 53 Amendment of heading to Chapter 7 54 Amendment of section 217—AEMO to be Bulletin Board operator 55 Amendment of section 218—AEMO's obligation to maintain Bulletin Board 56 Amendment of section 219—AEMO's other functions as operator of Natural Gas Services Bulletin Board 57 Amendment of section 222—Fees for services provided 58 Amendment of section 223—Obligation to give information to AEMO 59 Amendment of section 226A—Provision of certain information to AER 60 Amendment of section 228—Nature of BB Procedures 61 Amendment of section 228I—Service requirements may be specified in the Rules 62 Insertion of section 294FD 294FD South Australian Minister to make initial Rules relating to other gases 63 Amendment of section 294G—South Australian Minister may make Rules on recommendation of MCE and Energy Security Board 64 Amendment of section 314A—Extension of trial Rule 65 Amendment of Schedule 1—Subject matter for the National Gas Rules 66 Amendment of Schedule 3—Savings and transitionals Part 21—Transitional provisions related to other gas amendments Division 1—Preliminary 139 Definition Division 2—Gas Bulletin Board 140 Gas Bulletin Board 141 References to Natural Gas Services Bulletin Board Division 3—Other matters 142 Greenfields incentive determinations 143 Greenfields price protection determinations 144 Information transparency rules Part 4—Amendment of National Energy Retail Law (South Australia) Act 2011 67 Amendment of section 2—Commencement 68 Amendment of section 7—Exclusion of legislation of this jurisdiction 69 Amendment of section 14—Exclusion of legislation of this jurisdiction 70 Amendment of section 41—Transitional regulation‑making power Part 5—Amendment of National Energy Retail Law 71 Amendment of section 2—Interpretation 72 Insertion of section 2A 2A Natural gas equivalent 73 Insertion of section 3A 3A Application to prescribed covered gas 74 Amendment of section 10—Ministers of participating jurisdictions 75 Amendment of section 11—Local area retailers 76 Amendment of section 13A—Innovative trial principles 77 Amendment of section 16—Application of Law and Rules to energy 78 Amendment of section 88—Requirement for authorisation or exemption 79 Amendment of section 94—Notice of decision to grant application 80 Amendment of section 99—Variation of retailer authorisation 81 Amendment of section 137—RoLR notice—direction for gas 82 Amendment of section 144—RoLR Procedures 83 Amendment of section 237—Subject matters of Rules 84 Amendment of section 238—South Australian Minister to make initial National Energy Retail Rules 85 Amendment of section 238AA—South Australian Minister to make initial Rules relating to regulatory sandboxing 86 Amendment of section 238A—South Australian Minister may make initial Rules related to consumer protections and smart meters 87 Amendment of section 238AB—South Australian Minister may make initial Rules relating to stand-alone power systems 88 Insertion of section 238AD 238AD South Australian Minister to make initial Rules relating to other gases 89 Amendment of section 238B—South Australian Minister may make Rules on recommendation of MCE and Energy Security Board 90 Amendment of Schedule 1—Savings and transitionals Part 5—Transitional provisions related to other gas amendments 13 Definition 14 Retailer authorisations 15 Exempt sellers 16 RoLR arrangements