An Act to make provision for the operation of a national electricity market, to consequentially amend certain other Acts; and for other purposes.
Preamble
A National Grid Management Council was formed following decisions of Special Premiers’ Conferences in October 1990 and July 1991.
The National Grid Management Council has developed plans for a co-ordinated electricity market spanning the eastern States, South Australia and the Australian Capital Territory.
The Council of Australian Governments agreed in February 1994 to recommendations for regulatory arrangements for the national electricity market consistent with reforms of competition policy.
The regulatory arrangements include regulation of certain elements of the operation of the market by way of a code of conduct that is subject to authorisation under the Trade Practices Act 1974 of the Commonwealth.
The States of New South Wales, Victoria, Queensland and South Australia and the Australian Capital Territory have agreed to the enactment of legislation in the several jurisdictions for the implementation of the regulatory arrangements.
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the National Electricity (New South Wales) Act 1997.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:National Electricity (NSW) Law means the provisions applying because of section 6.National Electricity (NSW) Regulations means the provisions applying because of section 7.(2) Words and expressions used in this Act and also in the National Electricity (NSW) Law have the same meanings in this Act as they have in that Law.(3) Subsection (2) does not apply to the extent that the context or subject-matter otherwise indicates or requires.
4 Crown to be bound
This Act, the National Electricity (NSW) Law and the National Electricity (NSW) Regulations bind the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
5 Extra-territorial operation
It is the intention of Parliament that the operation of this Act, the National Electricity (NSW) Law and the National Electricity (NSW) Regulations should, so far as possible, include operation in relation to the following:(a) land situated outside New South Wales, whether in or outside Australia,(b) things situated outside New South Wales, whether in or outside Australia,(c) acts, transactions and matters done, entered into or occurring outside New South Wales, whether in or outside Australia,(d) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.
Part 2 National Electricity (NSW) Law and National Electricity (NSW) Regulations
6 Application in New South Wales of National Electricity Law
The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as in force for the time being:(a) applies as a law of New South Wales, and(b) as so applying, may be referred to as the National Electricity (NSW) Law.
7 Application in New South Wales of regulations under National Electricity Law
The regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:(a) apply as regulations in force for the purposes of the National Electricity (NSW) Law, and(b) as so applying, may be referred to as the National Electricity (NSW) Regulations.
8 Interpretation of expressions in National Electricity (NSW) Law and National Electricity (NSW) Regulations
(1) In the National Electricity (NSW) Law and the National Electricity (NSW) Regulations:Legislature of this jurisdiction means the Legislature of New South Wales.Supreme Court means the Supreme Court of New South Wales.the jurisdiction or this jurisdiction means the State of New South Wales.the National Electricity Law or this Law means the National Electricity (NSW) Law.(2) The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to:(a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia in its application as a law of New South Wales, or(b) the regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia in their application as regulations in force for the purposes of the National Electricity (NSW) Law.s 8: Am 1998 No 54, Sch 2.24 [1].
Part 3 Miscellaneous
9 (Repealed)
s 9: Rep 1999 No 85, Sch 4.
10 Savings, transitional and other provisions
Schedule 2 has effect.
11 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1 (Repealed)
sch 1: Am 1998 No 68, Sch 2.7 [1] [2]. Rep 1999 No 85, Sch 4.
Schedule 2 Savings, transitional and other provisions
(Section 10)
1 Transitional arrangements with respect to certain liabilities affecting electricity supply authorities
(1) This clause applies to any electricity supply authority whose name has been omitted from Schedule 1 to the Independent Pricing and Regulatory Tribunal Act 1992 by Schedule 1.6 [2] to this Act or by Schedule 2 to the Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998.(2) Until the end of 30 June 1999 or such other date as may be prescribed by the regulations:(a) section 38 (1) of the Electricity Transmission Authority Act 1994 continues to apply as if it had not been repealed, andto any act or omission of TransGrid.(b) section 78 of the National Electricity (NSW) Law does not apply,(3) Until the end of 30 June 1999 or such other date as may be prescribed by the regulations:(a) section 53 of the Electricity Supply Act 1995 continues to apply as if it had not been repealed, andto any act or omission of an electricity supply authority to which this clause applies.(b) section 78 of the National Electricity (NSW) Law does not apply,(4) In this clause, means any of the following:(a) TransGrid,(b) Advance Energy,(c) Australian Inland Energy,(d) EnergyAustralia,(e) Great Southern Energy,(f) Integral Energy Australia,(g) NorthPower.
2 Transitional arrangements with respect to certain liabilities affecting electricity generators
(1) This clause applies to and in relation to any contract for the supply of electricity that was entered into by Pacific Power or by an electricity generator (within the meaning of the Energy Services Corporations Act 1995) before the commencement of this clause.(2) For the purposes of any contract to which this clause applies and of any proceedings arising out of, or calling into question any provision of, a contract to which this clause applies:(a) section 83 of the Electricity (Pacific Power) Act 1950 continues to apply as if this Act had not been enacted, and(b) section 78 of the National Electricity (NSW) Law does not apply.
2A Transitional arrangements for termination of Funds operated by Market System Operator
(1) This clause applies to the System Control Fund, the Market Operations Fund and the Market Settlements Fund established under Division 1 of Part 7 of the Electricity Supply Act 1995 immediately before the repeal of that Division by this Act.(2) Despite that repeal, any such Fund continues in existence and may be operated by any person designated by the Minister for the purpose of finalising arrangements for which it was established and for the purpose of its winding up.(3) The Minister may distribute any amount remaining to the credit of any such Fund on its winding up in such manner as the Minister considers appropriate.
3 Savings and transitional regulations
(1) The Governor may make regulations of a savings or transitional nature consequent on the enactment or commencement of this Act.(2) If the regulations so provide, they have effect despite any provision of this Schedule, the National Electricity (NSW) Law or the National Electricity (NSW) Regulations.(3) A provision of a regulation made under this clause may, if the regulation so provides, take effect from the date of assent to this Act or from a later day.(4) To the extent to which a provision takes effect from a day earlier than the day of the regulation’s publication in the Gazette, the provision does not operate to the disadvantage of a person (other than the State or a State authority) by:(a) decreasing the person’s rights, or(b) imposing liabilities on the person.
sch 2: Am 1998 No 54, Sch 2.24 [2]; 1998 No 68, Sch 2.7 [3]–[6].