Statutes Amendment (National Energy Laws) (Wholesale Market Monitoring) Bill 2024 (SA)

South Australia Statutes Amendment (National Energy Laws) (Wholesale Market Monitoring) Bill 2023 A Bill For An Act to amend the National Electricity (South Australia) Act 1996 and the National Gas (South Australia) Act 2008.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Amendment provisions Part 2—Amendment of National Electricity (South Australia) Act 1996 4 Amendment of section 2—Definitions 5 Insertion of Subdivision heading 6 Amendment of section 18A—Definitions 7 Amendment of section 18B—Meaning of effective competition 8 Amendment of section 18C—AER wholesale market monitoring and reporting functions 9 Substitution of sections 18D and 18E 18D Information to be treated as confidential 18E Redaction of information 10 Insertion of Part 3 Division 1A Subdivisions 2 to 4 Subdivision 2—Use of general information gathering powers 18EA Limits on use of section 28 information gathering powers 18EB Matters to be considered before using section 28 information gathering powers Subdivision 3—Market monitoring information notices and market monitoring information orders 18EC Definitions 18ED Urgent notices and urgent orders 18EE Content of notices and orders 18EF Notices and orders may be made for both past and future information 18EG Making and serving notices and orders 18EH AER must consult before making order 18EI Publication of orders 18EJ Opportunity to be heard before notice served 18EK Compliance with notice 18EL Compliance with order 18EM Certification of compliance by statutory declaration 18EN Subdivision does not limit powers under Division 3 Subdivision 4—Miscellaneous 18EO Wholesale market monitoring guidelines 18EP Review of wholesale market monitoring powers 11 Amendment of section 28—Power to obtain information and documents in relation to performance and exercise of functions and powers 12 Insertion of section 90EF 90EF South Australian Minister to make initial Rules relating to wholesale market monitoring matters Part 3—Amendment of National Gas (South Australia) Act 2008 13 Amendment of section 2—Definitions 14 Amendment of section 27—Functions and powers of the AER 15 Insertion of Chapter 2 Part 1 Division 1AA Division 1AA—Wholesale gas markets—AER monitoring and reporting functions Subdivision 1—Preliminary 30AA Definitions 30AB Meaning of effective competition 30AC AER wholesale market monitoring and reporting functions 30AD Information to be treated as confidential 30AE Redaction of information Subdivision 2—Use of general information gathering powers 30AF Limits on use of section 42 information gathering powers 30AG Matters to be considered before using section 42 information gathering powers Subdivision 3—Market monitoring information notices and market monitoring information orders 30AH Definitions 30AI Urgent notices and urgent orders 30AJ Content of notices and orders 30AK Notices and orders may be made for both past and future information 30AL Making and serving notices and orders 30AM AER must consult before making order 30AN Publication of orders 30AO Opportunity to be heard before notice served 30AP Compliance with notice 30AQ Compliance with order 30AR Certification of compliance by statutory declaration 30AS Subdivision does not limit powers under Division 3 Subdivision 4—Miscellaneous 30AT Wholesale market monitoring guidelines 30AU Review of wholesale market monitoring powers 16 Amendment of section 42—Power to obtain information and documents in relation to performance and exercise of functions and powers 17 Insertion of section 294FE 294FE South Australian Minister to make initial Rules relating to wholesale market monitoring matters