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Electricity Industry Act 2010

Miscellaneous - Regulations

109: Regulations identifying industry participants and market operation service provider roles

You could also call this:

“Rules about who's part of the electricity industry and who helps run it”

The Governor-General can make rules about who is part of the electricity industry. These rules are called regulations. To make these rules, the Minister must first ask the Electricity Authority for their thoughts.

The regulations can do three things:

  1. They can say which service providers, besides the ones already listed in section 7(2), are part of the electricity industry.

  2. They can also say which other people or groups, whose work is important for the Electricity Authority’s goals (found in section 15), are part of the electricity industry.

  3. They can add new roles to the list of people who help run the electricity market. This list is already in section 5.

Before the Minister can suggest including new people or groups as part of the electricity industry, they must do three things:

  1. Tell the people who might be affected and give them a chance to share their thoughts.

  2. Make sure it’s needed to help the Electricity Authority reach its goals.

  3. Think about the good and bad things that might happen because of this change.

The rules can say if these new industry participants are only part of the industry for some parts of the law, or for all of it.

These regulations are a type of law called secondary legislation. This means they need to follow certain rules about how they’re published, which you can find in Part 3 of the Legislation Act 2019.

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Part 5 Miscellaneous
Regulations

109Regulations identifying industry participants and market operation service provider roles

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, given after consulting the Authority, make regulations for the following purposes:

  2. identifying which industry service providers, in addition to those listed in section 7(2), are industry participants:
    1. identifying which other persons whose activities or roles in the electricity industry are material to the Authority’s objectives under section 15 are industry participants:
      1. identifying market operation service provider roles that are additional to those listed in the definition of market operation service provider in section 5.

        1. The Minister may make a recommendation for the purpose of subsection (1)(ab) only if the Minister is satisfied—

        2. that affected persons have been given notice of the proposed recommendation and a reasonable opportunity to comment on the recommendation; and
          1. that it is necessary or desirable, for the purpose of achieving the Authority’s objectives under section 15, for the proposed recommendation to be made; and
            1. that the advantages and disadvantages of the proposed recommendation have been considered.

              1. Regulations under subsection (1)(ab) may identify whether the persons are industry participants for the purposes only of some of this Act, the regulations, or the Code, but if not, the persons are industry participants for all purposes.

              2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 109(1)(ab): inserted, on , by section 40(1) of the Electricity Industry Amendment Act 2022 (2022 No 46).
              • Section 109(1A): inserted, on , by section 40(2) of the Electricity Industry Amendment Act 2022 (2022 No 46).
              • Section 109(1B): inserted, on , by section 40(2) of the Electricity Industry Amendment Act 2022 (2022 No 46).
              • Section 109(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).