(1)  A person may be appointed as consumer trustee only if the person is a company limited by guarantee.

(2)  The company limited by guarantee must—

(a)  have AEMO as a member, and

(b)  not have any other members except for one or more of the following—

(i)  the Crown in right of the Commonwealth,

(ii)  the Crown in right of New South Wales,

(iii)  the Crown in right of another State or Territory, and

(c)  be a subsidiary of AEMO, and

(d)  have a constitution that sets out—

(i)  objects that are not inconsistent with the exercise of the functions of the consumer trustee, and

(ii)  the functions of the company’s members, and

(e)  enter into an agreement with AEMO that deals with—

(i)  the governance arrangements of the company, and

(ii)  the provision by AEMO of services to assist the company in exercising its functions as consumer trustee.

(3)  This clause applies only to the first person appointed as consumer trustee under the Act, section 60.

In exercising functions under the Act, Part 5, the infrastructure planner must take the following into account—

(a)  guidelines issued by the Minister under the Act, section 4,

(b)  the plan approved by the Minister under the Act, section 8.

For the Act, section 64(1)(c), the Environment Protection Authority is prescribed, but only for exercising a function in relation to Part 12.

(1)  The regulator must—

(a)  issue guidelines for network operators about the following—

(i)  the legal separation of the entity through which a network operator conducts regulated activities from any other entity through which it conducts business,

(ii)  the establishment and maintenance of consolidated and separate accounts for regulated activities and other activities conducted by the network operator,

(iii)  the limitations on the flow of information from or within the network operator if there is the potential for a competitive advantage or disadvantage to arise, and

(b)  set standards about the legal and functional separation of the regulated activities of a network operator from other activities of the network operator, and

(c)  monitor compliance by network operators with the standards.

(2)  In this clause—

regulated activities, of a network operator, means activities for which the network operator is paid under a revenue determination.

(1)  The consumer trustee has the functions set out in this clause in relation to an access scheme if—

(a)  the declaration for the access scheme provides for situations in which the infrastructure planner may grant or increase an access right based on a recommendation from the consumer trustee, or

(b)  the infrastructure planner requests the consumer trustee to conduct a competitive tender in relation to the granting or increasing of access rights under the access scheme.

(2)  The consumer trustee must—

(a)  make rules, in consultation with the infrastructure planner, about the conduct of a competitive tender in relation to the granting or increasing of access rights, and

(b)  for a competitive tender requested by the infrastructure planner, conduct the competitive tender—

(i)  within 60 days after the request, or

(ii)  at the same time as the first competitive tender for an LTES agreement that occurs after 60 days after the request, or

(iii)  if there is no competitive tender for an LTES agreement within 8 months of the request—by no later than 8 months after the request, and

(c)  make recommendations to the infrastructure planner based on the outcome of the competitive tender, and

(d)  prepare a report on the competitive tender and the recommendations and give the report to the infrastructure planner.

(1)  The financial trustee must report to the regulator on the activities of the scheme financial vehicle during a financial year.

(2)  The report must be included as part of the report provided by the financial trustee to the regulator under the Act, section 70(1).

(3)  The financial trustee may request information from the scheme financial vehicle for the purposes of preparing the report.

(4)  In this clause—

activities do not include activities referred to in clause 32(2)(e).

(1)  The infrastructure planner may request the consumer trustee to conduct a competitive tender in relation to the granting or increasing of access rights—

(a)  under an access scheme, and

(b)  in accordance with the declaration for the access scheme.

(2)  The infrastructure planner for an access scheme must exercise—

(a)  the access scheme functions for the access scheme if the infrastructure planner is appointed to administer the access scheme, or

(b)  a particular access scheme function for the access scheme if the infrastructure planner is directed to exercise the function in the declaration for the access scheme.

(3)  The infrastructure planner must not exercise the following functions until it has published the standard development agreement—

(a)  to request the consumer trustee to conduct a competitive tender under subclause (1),

(b)  to conduct a competitive tender under Schedule 1A, clause 3(1),

(c)  to conduct an application process under Schedule 1A, clause 5(1).

(4)  In this clause—

access scheme functions, for an access scheme, means the functions in Schedule 1A.

(1)  The infrastructure planner must include the following in an agreement (a development agreement) between it and a participant for a project in relation to the grant or increase of access rights under the access scheme—

(a)  a date (the nominated date) agreed to by the participant and infrastructure planner by which the project is to achieve the finance and construction criteria,

(b)  a right for the infrastructure planner to terminate the access right if the project has not achieved the finance and construction criteria by the nominated date,

(c)  a right for the infrastructure planner to vary the nominated date, from time to time, by no more than 2 years from the first nominated date if the infrastructure planner is satisfied the project will achieve the finance and construction criteria within the 2 years,

(d)  a condition that the participant must enter into a payment deed with the scheme financial vehicle before the access right is granted or increased,

(e)  conditions for the development of the project by the participant.

(2)  The infrastructure planner must publish on its website the standard form and content of a development agreement (the standard development agreement) that includes the matters under subclause (1).

(1)  This clause applies if—

(a)  the Energy Corporation is appointed as the infrastructure planner for a renewable energy zone, and

(b)  the Minister has declared, in accordance with the Act, section 24(1), the access scheme that applies in the renewable energy zone or part of the renewable energy zone, and

(c)  the declaration specifies that the scheme financial vehicle is, in relation to the access scheme, liable to pay the infrastructure planner the component of fees payable under the Act, section 26 to be held for use for—

(i)  a community purpose, or

(ii)  an employment purpose.

Note—

 See the Energy and Utilities Administration Act 1987, section 35, which establishes the Energy Administration Account.

(2)  The infrastructure planner for a renewable energy zone to which an access scheme applies has the following functions—

(a)  to administer, manage and make payments of money held for use in relation to a community purpose or employment purpose,

(b)  to make guidelines about the administration, management and payment of money under this clause.

(3)  In this clause—

community purpose has the same meaning as in the Act, section 26.

employment purpose has the same meaning as in the Act, section 26.