Part 2
Electricity industry governance
Who does what:
Industry participants and specified persons
11Exemption from obligation to comply with Code
Despite section 9(1)(b), an industry participant need not comply with the Code, or specific provisions of the Code, if—
- it is a member of a class of industry participants identified in regulations made under section 110 as a class of industry participants that is exempt from the obligation to comply with the Code or specific provisions of the Code; or
- the Authority exempts the participant by issuing an individual exemption notice that—
- identifies the industry participant that is exempt from the obligation to comply with the Code or specific provisions of the Code; and
- gives reasons for the exemption.
- identifies the industry participant that is exempt from the obligation to comply with the Code or specific provisions of the Code; and
Despite section 9(3), a specified person need not comply with the Code, or specific provisions of the Code, if the Authority exempts the specified person by issuing an individual exemption notice that—
- identifies the specified person that is exempt from the obligation to comply with the Code or specific provisions of the Code; and
- gives reasons for the exemption.
The Authority may grant an individual exemption to an industry participant or a specified person (as the case may be) only if the Authority is satisfied that—
- it is not necessary, for the purpose of achieving the Authority’s objectives under section 15, for the participant or specified person to comply with the Code or the specific provisions of the Code; or
- exempting the participant or specified person from the requirement to comply with the Code or the specific provisions of the Code would better achieve the Authority’s objectives than requiring compliance.
The Authority may grant an individual exemption on any terms or conditions that it reasonably considers are necessary.
The Authority may amend or revoke an individual exemption, by issuing a notice that identifies the exempt participant or specified person (as the case may be) and gives reasons for the amendment or revocation, but only if the Authority—
- has given notice of the proposed amendment or revocation to the exempt participant or specified person and given the participant or specified person a reasonable opportunity to comment; and
- in relation to an amendment, is satisfied that the amendment is necessary or desirable for the purpose of achieving the Authority’s objectives in section 15; and
- in relation to a revocation, is no longer satisfied of the matters in subsection (2).
A notice issued under subsection (1)(b), (1A), or (4) must be published in the Gazette.
The Authority must publicise a list of all current class and individual exemptions.
Notes
- Section 11: replaced, on , by section 9 of the Electricity Industry Amendment Act 2022 (2022 No 46).
- Section 11(1A): inserted, on , by section 54(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 11(2): amended, on , by section 54(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 11(2)(a): amended, on , by section 54(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 11(2)(b): amended, on , by section 54(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 11(4): amended, on , by section 54(4) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 11(4)(a): amended, on , by section 54(5) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 11(5): amended, on , by section 54(6) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).