National Electricity (South Australia) Act 1996 (SA)

South Australia National Electricity (South Australia) Act 1996 An Act to make provision for the operation of a national electricity market and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Crown to be bound 5 Extra-territorial operation Part 2—National Electricity (South Australia) Law and National Electricity (South Australia) Regulations 6 Application in South Australia of National Electricity Law 7 Application of regulations under National Electricity Law 8 Interpretation of some expressions in National Electricity (South Australia) Law and National Electricity (South Australia) Regulations Part 4—Making of regulations and rules under National Electricity Law 10 Definitions 11 General regulation-making power for National Electricity Law 12 Specific regulation-making power 13 Making of rules Part 5—General 14 Freedom of information 15 Conferral of functions and powers on Commonwealth bodies 15A Regulation‑making power for the purposes of the National Electricity (South Australia) Law 15B Regulation‑making power for purposes of scheme and fund in relation to electricity capacity Part 6—Transfer of economic regulation of electricity distribution to AER—local provisions 16 Interpretation 17 Provision of information and assistance by ESCoSA 18 Price determinations Part 7—AEMO's additional advisory functions 19 AEMO's additional advisory functions Part 8—Validation of instruments and decisions of AER 20 Validation of instruments and decisions made by AER 21 AER—authorisation of preparatory steps Schedule—National Electricity Law Part 1—Preliminary 1 Citation 2 Definitions 2A Meaning of access dispute 2AA Meaning of civil penalty provision and conduct provision 2AB Civil penalty amounts for breaches of civil penalty provisions 2B Meaning of direct control network service 2C Meaning of negotiated network service 2D Meaning of regulatory obligation or requirement 2E Meaning of regulatory payment 2F Form of regulation factors 2G Related bodies corporate 3 Interpretation generally 4 Savings and transitionals 5 Participating jurisdictions 6 Ministers of participating jurisdictions 6A Nominated distributors 6B Regulated stand‑alone power systems 7 National electricity objective 7AA Regulations may prescribe matters for national electricity objective 7A Revenue and pricing principles 7B Innovative trial principles 8 MCE statements of policy principles 9 National Electricity Rules to have force of law 10 Application of this Law and Regulations to coastal waters of this jurisdiction 10A Corporations Act displacement Part 2—Participation in the National Electricity Market Division 1—Registration 11 Electricity market activities in this jurisdiction 12 Registration or exemption of persons participating in national electricity market 13 Exemptions for transmission system or distribution system owners, controllers and operators 14 Evidence of registration or exemption Division 2—Regulated network service providers 14A Regulated transmission system operator must comply with transmission determination 14B Regulated distribution system operator must comply with distribution determination Part 2A—Retailer Reliability Obligation Division 1—General 14C Definitions 14D Meaning of liable entity for a region 14E Process for non‑liable persons to opt in to reliability obligations Division 2—Reliability forecasts and instruments 14F Annual forecast for reliability gaps 14G Meaning of forecast reliability gap, forecast reliability gap period, T‑3 cut‑off day and T‑1 cut‑off day 14H Rules must provide timetable for reliability forecasts, requests and instruments 14I AEMO must request reliability instrument 14J AEMO may correct request for reliability instrument 14JA Minister may make T‑3 reliability instrument 14K AER may make reliability instrument for a region 14L Reliability instrument has force of law 14M Failure to comply with consultation obligation does not affect validity Division 3—Reliability obligations 14N Application of Division 14O Meaning of qualifying contract and net contract position 14P Obligation to report net contract position 14Q Adjustment of net contract position after contract position day 14R Obligation to have contracted sufficiently for one-in-two year peak demand forecast 14S Obligation to maintain net contract position Division 4—AEMO as procurer of last resort 14T AEMO may recover costs for procurer of last resort function Part 3—Functions and powers of the Australian Energy Regulator Division 1—General 15 Functions and powers of AER 16 Manner in which AER performs AER economic regulatory functions or powers 17 Delegations 18 Confidentiality Division 1A—Wholesale electricity markets—AER monitoring and reporting functions Subdivision 1—Preliminary 18A Definitions 18B Meaning of effective competition 18C AER wholesale market monitoring and reporting functions 18D Information to be treated as confidential 18E Redaction of information 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 Division 1B—Rate of return instrument Subdivision 1—Preliminary 18F Definitions 18G Rate of return instrument has force of law 18H Rate of return instrument is binding on AER and network service providers Subdivision 2—Requirement to make rate of return instrument 18I AER to make rate of return instrument 18J Content of rate of return instrument Subdivision 3—Consultation requirements 18K Process for making rate of return instrument 18L Other matters AER must have regard to in making instrument 18M Requirements before publishing draft instrument 18N Consumer reference group 18O Publication of draft instrument and other information 18P Report about draft instrument by independent panel 18Q Publication of explanatory information 18R Failure to comply does not affect validity Subdivision 4—Publication, review and other matters 18S Publication of rate of return instrument 18T Commencement and duration of instrument 18U Review and replacement of instrument 18V Application of instrument 18W Rate of return instrument may apply for this Law and the National Gas Law Subdivision 5—Confidentiality of information 18X Confidentiality 18Y Disclosure of information given in confidence Division 1C—Retailer Reliability Obligation—AER compliance regime 18Z Definitions 18ZA Obligation of AER to monitor compliance 18ZB Obligation of regulated entities to establish arrangements to monitor compliance 18ZC Obligation of regulated entities to keep records 18ZD Obligation of regulated entities to provide information and data about compliance 18ZE Compliance audits by AER 18ZF Compliance audits by regulated entities 18ZG Carrying out compliance audit 18ZH Use of information 18ZI Reliability Compliance Procedures and Guidelines Division 1D—AER trial waiver functions 18ZJ Definitions 18ZK Interpretative matters 18ZL Trial waiver 18ZM Conditions of trial waiver 18ZN Consultation on trial waiver 18ZO Publication etc of trial waiver 18ZP Duration of trial waiver 18ZQ Extension of trial waiver 18ZR Compliance with trial waiver 18ZS Revocation of trial waiver 18ZT Other matters Division 2—Search warrants 19 Definitions 20 Authorised person 20A Identity cards 20B Return of identity cards 21 Search warrant 22 Announcement of entry and details of warrant to be given to occupier or other person at premises 23 Announcement before entry 24 Copies of seized documents 25 Retention and return of seized documents or things 26 Extension of period of retention of documents or things seized 27 Obstruction of person authorised to enter Division 3—General information gathering powers 28 Power to obtain information and documents in relation to performance and exercise of functions and powers Division 4—Regulatory information notices and general regulatory information orders Subdivision 1—Interpretation 28A Definitions 28B Meaning of contributing service 28C Meaning of general regulatory information order 28D Meaning of regulatory information notice 28E Division does not limit operation of information gathering powers under Division 3 Subdivision 2—Serving and making of regulatory information instruments 28F Service and making of regulatory information instruments 28G Additional matters to be considered for related provider regulatory information instruments 28H AER must consult before publishing a general regulatory information order 28I Publication requirements for general regulatory information orders 28J Opportunity to be heard before regulatory information notice is served Subdivision 3—Form and content of regulatory information instruments 28K Form and content of regulatory information instrument 28L Further provision about the information that may be specified in a regulatory information instrument 28M Further provision about manner in which information must be provided to AER or kept Subdivision 4—Compliance with regulatory information instruments 28N Compliance with regulatory information notice that is served 28O Compliance with general regulatory information order 28OA Confidentiality issues 28OB Disclosure of information given to AER in compliance with regulatory information instrument 28P Exemptions from compliance with general regulatory information order 28Q Assumptions where there is non-compliance with regulatory information instrument Subdivision 5—General 28R Providing to AER false and misleading information 28S Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument 28T Legal professional privilege not affected 28U Protection against self-incrimination Division 5—Network service provider performance reports 28V Preparation of network service provider performance reports Division 6—Disclosure of confidential information held by AER 28W Authorised disclosure of information given to the AER in confidence 28X Disclosure with prior written consent is authorised 28Y Disclosure for purposes of court and tribunal proceedings and to accord natural justice 28YA Disclosure of information to Energy Security Board 28Z Disclosure of information given to the AER with confidential information omitted 28ZA Disclosure of information given in confidence does not identify anyone 28ZAA Disclosure of information in an aggregated form 28ZAB Disclosure of information that has entered the public domain 28ZB Disclosure of information authorised if detriment does not outweigh public benefit Division 7—Miscellaneous matters 28ZC Consideration by the AER of submissions made to it under this Law 28ZD Use of information provided under a notice under section 28 or a regulatory information instrument 28ZE AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices 28ZF AER Guidelines 28ZG AER must report to MCE if it does not make network revenue or pricing determination within time 28ZH Single documentation 28ZI Use of information Part 4—Functions and powers of the Australian Energy Market Commission Division 1—General 29 Functions and powers of the AEMC 30 Delegations 31 Confidentiality 32 AEMC must have regard to national electricity objective 32A Targets statement for greenhouse gas emissions targets 33 AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews Division 2—Rule making functions and powers of the AEMC 34 Rule making powers 35 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent 36 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches 37 Documents etc applied, adopted and incorporated by Rules to be publicly available Division 3—Committees, panels and working groups of the AEMC 38 The Reliability Panel 39 Establishment of committees and panels (other than the Reliability Panel) and working groups Division 4—MCE directed reviews 41 MCE directions 42 Terms of reference 43 Notice of MCE directed review 44 Conduct of MCE directed review Division 5—Other reviews 45 Reviews by AEMC Division 6—Miscellaneous 46 AEMC must publish and make available up to date versions of Rules 47 Fees 48 Confidentiality of information Part 5—Role of AEMO under National Electricity Law Division 1—General 49 AEMO's statutory functions 49A AEMO's power to carry out statutory functions 49B Delegation Division 2—AEMO's adoptive jurisdiction functions Subdivision 1—Preliminary 50 Application of this Division 50A AEMO to account to relevant Minister for performance of adoptive functions Subdivision 2—AEMO's additional advisory functions 50B Additional advisory functions Subdivision 3—AEMO's declared network functions 50C AEMO's declared network functions 50D Network agreement 50E Connection agreements 50F Augmentation 50G AEMO to have qualified exemption for performing statutory functions 50H Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement 50J General principles governing determinations Division 3—Information etc to be provided to Ministers 51 Ministerial request 51A Compliance with request 51B Quarterly report Division 4—Fees and charges 52 AEMO fees and charges Division 5—Information gathering 53 Information gathering powers 53A Making and publication of general market information order 53B Service of market information notice 53C Compliance with market information instrument 53D Use of information 53E Providing false or misleading information Division 6—Protected information Subdivision 1—AEMO's obligation to protect information 54 Protected information Subdivision 2—Disclosure of protected information held by AEMO 54A Authorised disclosure of protected information 54B Disclosure with prior written consent 54C Disclosure required or permitted by law etc 54D Disclosure for purposes of court and tribunal proceedings 54E Disclosure of document with omission of protected information 54F Disclosure of non-identifying information 54FA Disclosure of information in an aggregated form 54G Disclosure of protected information for safety, proper operation of the market etc 54H Disclosure of protected information authorised if detriment does not outweigh public benefit Division 7—AEMO's statutory funds 55 Definitions 55A AEMO's Rule funds 55B Payments into and out of Rule funds 55C Investment Part 5A—Functions and powers of Minister of this participating jurisdiction 57A Functions and powers of Minister of this participating jurisdiction Part 5B—Functions and powers of Tribunal 57B Functions and powers of Tribunal under this Law Part 6—Proceedings under the National Electricity Law Division 1—General 59 Instituting civil proceedings under this Law Division 1A—Enforceable undertakings 59A Enforceable undertakings Division 2—Proceedings by the AER in respect of this Law, the Regulations and the Rules 60 Time limit within which AER may institute proceedings 61 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences 61A Proceedings for declaration that a person has breached a conduct provision 61B Actions for damages by persons for breach of conduct provisions 62 Additional Court orders 63 Orders for disconnection in certain circumstances where there is no breach 64 Matters for which there must be regard in determining amount of civil penalty 65 Breach of a civil penalty provision is not an offence 66 Breaches of civil penalty provisions involving continuing failure 67 Conduct in breach of more than one civil penalty provision 67A Conduct in breach of reliability obligation civil penalty provision 68 Persons involved in breach of civil penalty provision or conduct provision 68A Attempt to breach civil penalty provision 69 Civil penalties payable to the Commonwealth Division 2A—Proceedings before, and awards etc of, Dispute resolution panels 69A Commercial Arbitration Acts apply to proceedings before Dispute resolution panels Division 3—Judicial review of decisions and determinations under this Law, the Regulations and the Rules 70 Applications for judicial review 71 Appeals on questions of law from decisions or determinations of Dispute resolution panels Division 3A—Merits review and other non-judicial review Subdivision 1—Interpretation 71A Definitions Subdivision 3—Tribunal review of information disclosure decisions 71S Application for review 71T Exclusion of public in certain cases 71U Determination in the review 71V Tribunal must be taken to have affirmed decision if decision not made within time 71W Assistance from AER or AEMO Subdivision 4—General 71X Costs in a review 71Y Amount of costs Division 3B—Enforcement of access determinations 71ZA Enforcement of access determinations 71ZB Consent injunctions 71ZC Interim injunctions 71ZD Factors relevant to granting a restraining injunction 71ZE Factors relevant to granting a mandatory injunction 71ZF Discharge or variation of injunction or other order Division 4—Other civil proceedings 72 Obligations under Rules to make payments Division 5—Infringement notices 73 Definitions 74 Power to serve a notice 75 Form of notice 76 Infringement penalties 77 AER cannot institute proceedings while infringement notice on foot 78 Late payment of penalty 79 Withdrawal of notice 80 Refund of infringement penalty 81 Payment expiates breach of civil penalty provision 82 Payment not to have certain consequences 83 Conduct in breach of more than one civil penalty provision Division 6—Miscellaneous 85 Offences and breaches by corporations 86 Corporations also in breach if officers and employees are in breach Part 7—The making of the National Electricity Rules Division 1—General Subdivision 1—Interpretation 87 Definitions Subdivision 2—Rule making tests 88 Application of national electricity objective 88A AEMC must take into account form of regulation factors in certain cases 88B AEMC must take into account revenue and pricing principles in certain cases 88C AEMC must take into account innovative trial principles in certain cases 89 AEMC must have regard to certain matters in relation to the making of jurisdictional derogations Division 2—Minister initiated National Electricity Rules Subdivision 1—Initial Rules made by Minister 90 South Australian Minister to make initial National Electricity Rules 90A South Australian Minister to make further Rules relating to distribution determinations consumer advocacy and other matters 90AB South Australian Minister to make initial Rules relating to consumer data right and further Rules relating to disclosure of data 90B South Australian Minister to make initial Rules related to AEMO's functions under this Law 90BA South Australian Minister may make consequential Rules relating to rate of return instrument 90C South Australian Minister to make initial Rules related to smart meters 90D South Australian Minister may make initial Rules relating to implementation of NERL and NERR 90DA South Australian Minister to make initial Rules relating to regulatory sandboxing 90E South Australian Minister to make initial Rules relating to Energy Consumers Australia 90EA South Australian Minister to make initial Rules relating to Retailer Reliability Obligation 90EB South Australian Minister to make initial Rules relating to stand‑alone power systems 90EC South Australian Minister to make initial Rules relating to Ministerial reliability instrument 90ED South Australian Minister may make initial Rules relating to national electricity objective 90EF South Australian Minister to make initial Rules relating to wholesale market monitoring matters 90EG South Australian Minister to make initial Rules relating to orderly exit management Subdivision 2—Rules made by Minister from time to time 90F South Australian Minister may make Rules on recommendation of MCE and Energy Security Board Division 3—Procedure for the making of a Rule by the AEMC 91 Initiation of making of a Rule 91A AEMC may make more preferred Rule in certain cases 91B AEMC may make Rules that are consequential to a Rule request 92 Contents of requests for Rules 92A Waiver of fee for Rule requests 93 Consolidation of 2 or more Rule requests 94 Initial consideration of request for Rule 94A AEMC may request further information from Rule proponent in certain cases 95 Notice of proposed Rule 96 Publication of non-controversial or urgent final Rule determination 96AA Publication of final Rule determination for trial Rule 96A "Fast track" Rules where previous public consultation by electricity market regulatory body or an AEMC review 97 Right to make written submissions and comments 98 AEMC may hold public hearings before draft Rule determination 99 Draft Rule determinations 100 Right to make written submissions and comments in relation to draft Rule determination 101 Pre-final Rule determination hearings 102 Final Rule determinations 102A Proposal to make more preferable Rule 103 Making of Rule 104 Operation and commencement of Rule 104A Extension of trial Rule 104B AEMC may impose requirements on proponent of trial project on making trial Rule 104C AEMC may revoke trial Rule on recommendation of AER 104D Special provision for revocation of trial Rule 105 Rule that is made to be published on website and made available to the public 106 Evidence of the National Electricity Rules Division 4—Miscellaneous provisions relating to Rule making by the AEMC 107 Extensions of periods of time in Rule making procedure 107A AEMC may extend period of time for making of final Rule determination for further consultation 108 AEMC may publish written submissions and comments unless confidential 108A AEMC must publicly report on Rules not made within 12 months of public notification of requests 108B Subsequent rule making by AEMC Part 8—Safety and security of the National Electricity System 109 Definitions 110 Appointment of jurisdictional system security coordinator 111 Jurisdictional system security coordinator to prepare jurisdictional load shedding guidelines 112 AEMO to develop load shedding procedures for each participating jurisdiction 113 Exchange of information 114 AEMO to ensure maintenance of supply of sensitive loads 115 Shedding and restoring of loads 115A Determination of customer load shedding arrangement 116 Actions that may be taken to ensure safety and security of national electricity system 117 AEMO to liaise with Minister of this jurisdiction and others during an emergency 118 Obstruction and non-compliance Part 8AA—Orderly exit management Division 1—Preliminary 118AA Definitions 118AB Application of Part to jurisdiction Division 2—Mandatory operation direction 118AC Generating units that may be subject to mandatory operation direction 118AD Mandatory operation direction 118AE Registered participant must comply with mandatory operation direction 118AF Minister to make information public 118AG AEMO to make information public 118AH Voluntary agreement 118AI Mandatory operation direction applies to affiliates 118AJ Amendment of mandatory operation direction 118AK Termination of mandatory operation direction 118AL Closure of generating unit after mandatory operation period 118AM Compliance with obligations after closure of generating unit Division 3—Information and reporting 118AN AEMO and AER may disclose information 118AO Information must be given to AER 118AP AER may request other information 118AQ Information disclosure 118AR Annual performance report Division 4—Financial matters Subdivision 1—Financial vehicle 118AS Establishment and functions of financial vehicle Subdivision 2—Orderly exit management fund 118AT Establishment of orderly exit management fund 118AU Payments into orderly exit management fund 118AV Payments from orderly exit management fund 118AW Payments where mandatory operation direction not made 118AX Payments where voluntary agreement made Subdivision 3—Payments to and by MOD generators 118AY Ministerial order 118AZ Excluded matter Subdivision 4—Orderly exit management cost recovery mechanism 118AZA Orderly exit management contributions 118AZB Public notice of orderly exit management contributions 118AZC Orderly exit management payments by distribution network service providers 118AZD Cost recovery by distribution network service providers Division 5—Miscellaneous 118AZE Minister not required to take certain actions before making mandatory operation direction 118AZF No liability for enactment or operation of Part 118AZG Review of Part 118AZH Consultation between NSW and ACT Part 8A—Smart metering services Division 1—Interpretation 118A Definitions Division 2—Ministerial pilot metering determinations 118B Ministerial pilot metering determinations 118C Consultation with interested persons required before making Ministerial pilot metering determination Division 4—Provisions applicable to Ministerial smart metering determinations 118F Compliance with Ministerial smart metering determinations 118G Minister of participating jurisdiction must consult with other participating jurisdiction Ministers 118H Content of Ministerial smart metering determinations 118I Publication and giving of Ministerial smart metering determinations 118J When Ministerial smart metering determinations take effect 118K AEMC must publish Ministerial smart metering determination it receives on its website Part 9—Immunities 119 Immunity of AEMO and network service providers 120 Immunity in relation to failure to supply electricity 120A Immunity in relation to use of computer software 120B Immunity from liability—dispute resolution 121 Immunity from personal liability of AEMC officials 122 Immunity from personal liability of Reliability Panel Part 10—Access Disputes Division 1—Interpretation and application 123 Definitions 124 Part does not limit how disputes about access may be raised or dealt with Division 2—Notification of access dispute 125 Notification of access dispute 126 Withdrawal of notification 127 Parties to an access dispute Division 3—Access determinations 128 Determination of access dispute 129 AER may require parties to mediate, conciliate or engage in an alternative dispute resolution process 130 Access determination must give effect to network revenue or pricing determination 131 AER may terminate access dispute in certain cases 132 AER must terminate access dispute if there is genuine competition 133 Restrictions on access determinations 134 Access determination need not require the provision of an electricity network service Division 4—Variation of access determinations 135 Variation of access determinations Division 5—Compliance with access determinations 136 Compliance with access determination Division 6—Access dispute hearing procedure 137 Hearing to be in private 138 Right to representation 139 Procedure of AER 140 Particular powers of AER in a hearing 141 Disclosure of information 142 Power to take evidence on oath or affirmation 143 Failing to attend as a witness 144 Failing to answer questions etc 145 Intimidation etc 146 Party may request AER to treat material as confidential 147 Costs 148 Outstanding costs are a debt due to party awarded the costs Division 7—Joint access dispute hearings 149 Definition 150 Joint dispute hearing 151 Consulting the parties 152 Constitution and procedure of AER for joint dispute hearings 153 Record of proceedings etc Division 8—Miscellaneous matters 154 Correction of access determinations for clerical mistakes etc 155 Subsequent network service provider bound by access determinations 156 Regulations about the charges to be paid by parties to access dispute for AER's costs in dispute hearing Part 11—General 157 Preventing or hindering access 158 Failure to make a decision under this Law or the Rules within time does not invalidate the decision 159 Penalty privilege 160 Court may grant relief from liability Schedule 1—Subject matter for the National Electricity Rules Schedule 2—Miscellaneous provisions relating to interpretation Part 1—Preliminary 1 Displacement of Schedule by contrary intention Part 2—General 2 Law to be construed not to exceed legislative power of Legislature 2A Changes of drafting practice not to affect meaning 3 Every section to be substantive enactment 4 Material that is, and is not, part of Law 5 References to particular Acts and to enactments 6 References taken to be included in Act or Law citation etc 7 Interpretation best achieving Law's purpose 8 Use of extrinsic material in interpretation 9 Compliance with forms Part 3—Terms and references 10 Definitions 11 Provisions relating to defined terms and gender and number 12 Meaning of may and must etc 13 Words and expressions used in statutory instruments 14 References to Minister 15 Production of records kept in computers etc 16 References to this jurisdiction to be implied 17 References to officers and holders of offices 18 Reference to certain provisions of Law Part 4—Functions and powers 19 Performance of statutory functions 20 Power to make instrument or decision includes power to amend or repeal 21 Matters for which statutory instruments may make provision 22 Presumption of validity and power to make 23 Appointments may be made by name or office 24 Acting appointments 25 Powers of appointment imply certain incidental powers 26 Delegation 27 Exercise of powers between enactment and commencement Part 5—Distance and time 28 Matters relating to distance and time Part 6—Service of documents 29 Service of documents and meaning of service by post etc 30 Meaning of service by post etc Part 6A—Evidentiary matters Division 1—Publication on websites 31AA Definitions 31AB Publication of relevant AER decisions on websites Division 2—Evidentiary certificates 31AC Definitions 31AD Evidentiary certificates—AER 31AE Evidentiary certificates—AEMC 31AF Evidentiary certificates—AEMO Part 6B—Commencement of this Law and Statutory instruments 31AH Time of commencement of this Law or a provision of this Law 31AI Time of commencement of a Rule Part 7—Effect of repeal, amendment or expiration 31 Time of Law, the Regulations or Rules ceasing to have effect 32 Repealed Law, Regulation or Rule provisions not revived 33 Saving of operation of repealed Law, Regulation or Rule provisions 34 Continuance of repealed provisions 35 Law and amending Acts to be read as one Part 8—Offences under this Law 36 Penalty at end of provision 37 Penalty other than at end of provision 37A Indexation of civil penalty amounts 37B Indexation of criminal penalties 38 Indictable offences and summary offences 39 Double jeopardy 40 Aiding and abetting, attempts etc Part 9—Instruments under this Law 41 Schedule applies to statutory instruments 41A Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law 41B Reliability instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law 42 National Electricity Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law 43 Invalid Rules 43A Invalid rate of return instrument Schedule 3—Savings and transitionals Part 1—General 1 Definitions Part 2—General savings provision 2 Saving of operation of old National Electricity Law Part 3—National Electricity Code changes 3 Current Code change and derogation proposals to be dealt with under this Law 4 Current jurisdictional derogation proposals to be made under this Law 4A Transitional arrangements relating to additional Minister initiated Rules Part 4—Registration 5 Code participants deemed to be Registered participants 6 Exemptions Part 5—References to the National Electricity Code and specific provisions or terms 7 References to the National Electricity Code 8 References to provisions of the National Electricity Code 9 References to Code participants Part 6—Investigations and proceedings 10 Investigations into breaches and possible breach