Part 5
Miscellaneous
Regulations
112Regulations relating to monitoring, investigating, and enforcing Code
The Governor-General may, by Order in Council made on the recommendation of the Minister responsible for Part 2, given after consulting the Authority, make regulations for all or any of the following purposes:
- requiring industry participants or specified persons to report breaches or possible breaches of the Code, and prescribing procedures relating to such reporting:
- prescribing the practices and procedures of the Authority in relation to monitoring compliance with the Code:
- prescribing the practices and procedures of the Authority and the Rulings Panel in relation to the investigation of breaches and possible breaches of the Code (including the appointment and powers of investigators) and other enforcement measures:
- prescribing the information that the Authority must or may require from industry participants generally, or classes of industry participants, and regulating what it must or may do with such information:
- prescribing the information that the Authority must or may require from specified persons, and regulating what it must or may do with such information:
- regulating the membership and operation of the Rulings Panel:
- identifying the kinds of appeals and disputes that may be determined by the Rulings Panel:
- prescribing, both generally and in relation to specific kinds of appeal or dispute, practices and procedures of the Rulings Panel for dealing with appeals and disputes, whether those appeals and disputes are identified in the regulations or the Code:
- prescribing determinations, orders, or directions, or imposing limits on any determinations, orders, or directions, that the Rulings Panel may make in relation to specific kinds of appeals and disputes (whether those appeals and disputes are identified in the regulations or the Code), and providing for any associated rights of appeal:
- restricting or limiting the amount of liability of, or the amount of any penalty that may be imposed upon, an industry participant or class of industry participant:
- restricting or limiting the amount of liability of, or the amount of any penalty that may be imposed upon, a specified person:
- identifying regulations the breach of which are to be treated as a breach of the Code:
- providing for offences, punishable on
conviction by a fine not exceeding $20,000, for breaching any regulation made under this section or breaching any order made by the Rulings Panel under the regulations. The requirement in subsection (1) to consult with the Authority does not apply to the first regulations made under this section if—
- the regulations largely correspond to Parts 4 to 8 of the Electricity Governance Regulations 2003, adapted as necessary for consistency with this Act; and
- the Minister or the Electricity Commission has consulted with interested parties on any material changes.
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 112(1)(a): amended, on , by section 66(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 112(1)(da): inserted, on , by section 66(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 112(1)(ia): inserted, on , by section 66(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
- Section 112(1)(k): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 112(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).