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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Smart Meters)
Bill 2013
A BILL FOR
An Act to amend the National
Electricity (South Australia) Act 1996 and the National
Energy Retail Law (South Australia) Act 2011.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment provisions
Part 2—Amendment
of National Electricity Law
4Amendment of section
2—Definitions
5Amendment of section
118A—Definitions
6Repeal of Part 8A Division 3
Part 3—Amendment
of National Energy Retail Law
7Amendment of section 22—Obligation to
make offer to small customers
8Amendment of section 237—Subject matter
of Rules
9Insertion of section
238A
238ASouth Australian
Minister may make initial Rules related to consumer protections and smart
meters
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Smart Meters)
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
(a) a provision in
Part 2 amends the
National Electricity Law set out in the Schedule to the National
Electricity (South Australia) Act 1996; and
(b) a provision in
Part 3 amends the
National Energy Retail Law set out in the Schedule to the National
Energy Retail Law (South Australia) Act 2011.
Part 2—Amendment
of National Electricity
Law
4—Amendment
of section 2—Definitions
(1) Section 2(1), definition of Ministerial smart metering
determination, (a)—delete paragraph (a)
(2) Section 2(1), definition of Ministerial smart meter rollout
determination—delete the definition
5—Amendment
of section 118A—Definitions
(1) Section 118A, definition of relevant
customer—delete the definition
(2) Section 118A, definition of required smart metering
infrastructure—delete the definition
(3) Section 118A, definition of smart metering
services—delete the definition
6—Repeal
of Part 8A Division 3
Part 8A Division 3—delete Division 3
Part 3—Amendment
of National Energy Retail
Law
7—Amendment
of section 22—Obligation to make offer to small
customers
(1) Section 22—after subsection (1) insert:
(a) a small customer has an interval meter; and
(b) a local instrument of this jurisdiction declares that this subsection
applies in relation to this jurisdiction,
then a retailer's standing offer must include—
(c) such tariff
structures as may be prescribed by local instrument; or
(d) if and to the
extent that a local instrument declares such Rules to apply—such tariff
structures as may be prescribed by the National Energy Retail Rules in
connection with the operation of this subsection.
(1b) In connection with the operation of
subsection (1a), a
local instrument applying under
subsection (1a)(c)
or the Rules applying under
subsection (1a)(d)
may include provisions that will allow a small customer to elect that a certain
specified tariff will, or will not, apply in relation to the customer.
(2) Section 22—after subsection (5) insert:
(6) In this section—
interval energy data means interval energy data as defined in
the NER;
interval meter means a meter that measures and records
interval energy data.
8—Amendment
of section 237—Subject matter of Rules
Section 237(2)—after paragraph (i) insert:
(ia) the use of interval meters and smart meters and other related
technologies, including devices designed to enable direct load control,
including (without limitation) matters relating to the following:
(i) the ability of a distributor to undertake supply capacity control
(SCC), including—
(A) the inclusion of SCC as part of a connection contract; and
(B) marketing rules associated with SCC; and
(C) the management and restoration of power as a result of an
emergency;
(ii) the ability of a retailer to undertake SCC;
(iii) charging and billing rules, and bill content,
including—
(A) the way in which tariff structures should be expressed; and
(B) the regulation of estimates for the purposes of billing, including
information to be provided to customers; and
(C) the regulation of critical peak pricing and critical peak rebates;
and
(D) the provision of information to customers about metering and
consumption data on the bill;
(iv) the provision of marketing information to customers through the
in-house display facility of a smart meter and other related technologies
(including by providing that a customer's consent is required before such
information may be sent and by imposing restrictions or prohibitions with
respect to certain practices);
(v) the provision of information about matters associated with the use of
smart meters and other related technologies, including the remote
de-energisation of premises and control of appliances;
(vi) information to be included in a retail market performance
report;
After section 238 insert:
238A—South Australian Minister may make initial
Rules related to consumer protections and smart meters
(1) The Minister in
right of the Crown of South Australia administering Part 2 of the National
Energy Retail Law (South Australia) Act 2011 of South Australia
(the South Australian Minister) may make Rules for or with respect
to any matter or thing that is referred to in section 237(2)(ia) and that
relates to, or is relevant to the interests of, small customers.
(2) As soon as
practicable after making Rules under this section, the South Australian Minister
must—
(a) publish notice of
the making of the Rules in the South Australian Government Gazette;
and
(b) make the Rules publicly available.
(3) The notice referred to in
subsection (2)(a)
must state—
(a) the date on which the Rules commence operation; or
(b) if different Rules will commence operation on different dates, those
dates.
(4) The Rules made under this section may only be made on the
recommendation of the MCE.
(5) Section 237(3) applies to Rules made under
subsection (1) in
the same way as it applies to Rules made by the AEMC.
(6) Once the first Rules have been made under
subsection (1), no
further Rules can be made under that subsection.