House of Assembly Fifty-Fourth Parliament, Second Session (54-2) 54 2 Parliament of South Australia House of Assembly published Bills Bills Statutes Amendment (National Energy Laws) (Omnibus) Bill Statutes Amendment (National Energy Laws) (Omnibus) Bill Statutes Amendment (National Energy Laws) (Omnibus) Bill Introduction and First Reading Introduction and First Reading The Hon. D.C. VAN HOLST PELLEKAAN House of Assembly Stuart Minister for Energy and Mining The Hon. D.C. VAN HOLST PELLEKAAN (Stuart—Minister for Energy and Mining) (12:00): Obtained leave and introduced a bill for an act to amend the Australian Energy Market Commission Establishment Act 2004, the National Electricity (South Australia) Act 1996, the National Energy Retail Law (South Australia) Act 2011 and the National Gas (South Australia) Act 2008. Read a first time. Second Reading Second Reading The Hon. D.C. VAN HOLST PELLEKAAN House of Assembly Stuart Minister for Energy and Mining The Hon. D.C. VAN HOLST PELLEKAAN (Stuart—Minister for Energy and Mining) (12:01): I move: That this bill be now read a second time. I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them. Leave granted. The National Energy Laws, Regulations and Rules form the regulatory framework that allow the National Electricity Market and relevant gas markets to operate. The Statutes Amendment (National Energy Laws) (Omnibus) Bill 2020 is the result of policy decisions on various matters by the former COAG Energy Council. The amendments to the National Energy Laws include: Removing requirements for the Australian Energy Market Commission, Australian Energy Regulator, Australian Energy Market Operator and the National Competition Council to publish notices in newspapers. This will reduce regulatory costs and recognises changes in stakeholders' preference for how they access information. Minimum notice requirements on these bodies, such as notifications on websites, will continue. Removing current limitations in the National Gas Law so that any party (including market participants and user groups) will be able to propose rule changes to the Australian Energy Market Commission on the operation and administration of the Victorian Declared Wholesale Gas Market. Removing redundant references to the Limited Merits Review regime in the National Electricity Law and National Gas Law. This is the result of the passing of the Competition and Consumer Amendment (Abolition of Limited Merits Review) Act 2017. Addressing constitutional issues raised in R v Hughes (2000) 202 CLR 535 which left open whether State legislation can impose duties on a Commonwealth body (such as the Australian Energy Regulator). The Omnibus Bill removes inconsistencies in the National Electricity Law, National Energy Retail Law and National Gas Law and brings relevant provisions in line with current drafting practice. Clarification of the meaning of 'participating jurisdiction' to address ambiguity in the context of the participation of non-interconnected jurisdictions. Non-interconnected jurisdictions are jurisdictions that are not physically connected to the National Electricity Market such as the Northern Territory. For consistency, the meaning of 'Minister' has also been clarified. References to a jurisdiction's 'Commercial Arbitration Act' can be prescribed by regulation. This will ensure that relevant references can be easily amended in the future as needs arise. The legislative references to the Ministerial Council responsible for energy to operate effectively, no matter whether the name of the Council changes over time. The Statutes Amendment (National Energy Laws) (Omnibus) Bill 2020 amends the National Electricity (South Australia) Act 1996, National Gas (South Australia) Act 2008, National Energy Retail Law (South Australia) Act 2011 and the Australian Energy Market Commission Establishment Act 2004. I commend the bill to the Chamber. EXPLANATION OF CLAUSES EXPLANATION OF CLAUSES Part 1—Preliminary 1—Short title 2—Commencement 3—Amendment provisions These clauses are formal. Part 2—Amendment of Australian Energy Market Commission Establishment Act 2004 4—Amendment of section 3—Interpretation The definition of MCE (Ministerial Council on Energy) is amended. Another amendment is consequential. Part 3—Amendment of National Electricity Law 5—Amendment of section 2—Definitions Various definitions are amended for the purposes of the measure. 6—Amendment of section 5—Participating jurisdictions Technical changes are made to the provision relating to participating jurisdictions. 7—Amendment of section 6—Ministers of participating jurisdictions Technical changes are made to the provision relating to Ministers of participating jurisdictions. 8—Amendment of section 16—Manner in which AER performs AER economic regulatory functions or powers These amendments are technical or consequential. 9—Amendment of section 28I—Publication requirements for general regulatory information orders Section 28I(2) is deleted. 10—Repeal of section 28ZJ Section 28ZJ is repealed. 11—Amendment of section 43—Notice of MCE directed review The requirement to publish a notice of a MCE directed review in a newspaper circulating generally throughout Australia is removed. 12—Amendment of section 53A—Making and publication of general market information order The current requirement in subsection (2) is replaced with a requirement to publish on AEMO's website. 13—Amendment of section 54H—Disclosure of protected information authorised if detriment does not outweigh public benefit These amendments are technical or consequential. 14—Amendment of section 57A—Functions and powers of Ministers of this participating jurisdiction This amendment is consequential. 15—Amendment of section 69A—Commercial Arbitration Acts apply to proceedings before Dispute resolution panels 16—Amendment of section 71—Appeals on questions of law from decisions or determinations of Dispute resolution panels These amendments are technical or consequential. 17—Amendment of section 71A—Definitions Various definitions are repealed or amended relating to the repeal of Part 6 Division 3A Subdivision 2. 18—Repeal of Part 6 Division 3A Subdivision 2 Part 6 Division 3A Subdivision 2 is repealed. 19—Amendment of section 71X—Costs in a review 20—Amendment of section 71Y—Amount of costs 21—Repeal of sections 71YA and 71Z These amendments are consequential. 22—Amendment of section 87—Definitions The requirement to publish in a newspaper circulating generally throughout Australia is removed. 23—Amendment of Schedule 2—Miscellaneous provisions relating to interpretation This amendment is technical. 24—Amendment of Schedule 3—Savings and transitionals Transitional provisions relating to the changes to the definition of MCE are inserted. Part 4—Amendment of National Energy Retail Law 25—Amendment of section 2—Interpretation Amendments that are substantially similar to the amendments to the National Electricity Law are made to the National Energy Retail Law. However, the amendments relating to the repeal of Part 6 Division 3A Subdivision 2 ('limited merits review') of the National Electricity Law are not replicated here as they are not relevant. Likewise, the amendments relating to Commercial Arbitration Acts are not relevant in the National Energy Retail Law. 26—Substitution of section 9 9—Participating jurisdictions 27—Amendment of section 10—Ministers of participating jurisdictions 28—Amendment of section 214—Disclosure of confidential information authorised if detriment does not outweigh public benefit 29—Amendment of section 230—Notice of MCE directed review 30—Amendment of section 235—Definitions 31—Amendment of section 320—Law and the Rules to be construed not to exceed legislative power of Legislature 32—Amendment of Schedule 1—Savings and transitionals Part 5—Amendment of National Gas Law 33—Amendment of section 2—Definitions Amendments that are substantially similar to the amendments to the National Electricity Law are made to the National Gas Law. 34—Substitution of section 21 21—Participating jurisdictions 35—Amendment of section 22—Ministers of participating jurisdictions 36—Amendment of section 28—Manner in which AER must perform AER economic regulatory functions or powers 37—Amendment of section 51—Publication requirements for general regulatory information orders 38—Repeal of section 68C 39—Amendment of section 81—Notice of MCE directed review 40—Amendment of section 87—Functions and powers of Minister of this participating jurisdiction under this Law 41—Amendment of section 91FA—Making and publication of general market information order 42—Amendment of section 91GH—Disclosure of protected information authorised if detriment does not outweigh public benefit 43—Amendment of section 117—Advice by service provider that light regulation services should cease to be light regulation services 44—Amendment of section 244—Definitions 45—Repeal of Chapter 8 Part 5 Division 2 46—Amendment of section 268—Costs in a review 47—Amendment of section 269—Amount of costs 48—Repeal of sections 269A and 270 49—Repeal of section 270A 50—Substitution of sections 270B 270B—Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels 51—Amendment of section 270C—Appeals on questions of law from decisions or determinations of Dispute resolution panels 52—Amendment of section 290—Definitions 53—Amendment of section 295—Initiation of making of a Rule 54—Amendment of Schedule 2—Miscellaneous provisions relating to interpretation 55—Amendment of Schedule 3—Savings and transitionals Debate adjourned on motion of Ms Cook.