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At the 26 October 2018 COAG Energy Council meeting, Ministers agreed that the Energy Security Board will progress development of draft National Electricity Law amendments that would give effect to a Retailer Reliability Obligation including undertaking any further necessary stakeholder engagement.

Ministers noted the need for final design of the Retailer Reliability Obligation to ensure South Australia can manage its reliability concerns through the transition to the new mechanism.

The draft National Electricity (South Australia) (Ministerial Reliability Instrument) Amendment Bill 2019 (PDF 44.5 KB) (the Bill) amends the National Electricity (South Australia) Act 1996 so that a T-3 reliability instrument could be made by the South Australian Minister if it appears to the Minister, on reasonable grounds, that there is a real risk that for a specified period supply of electricity to all or part of the South Australian community may be disrupted to a significant degree.

The South Australian Government is seeking stakeholder’s views on the drafting of the Bill.

A short consultation paper (PDF 258.3 KB) has been prepared to assist stakeholders when reviewing the Bill.

This consultation builds on the Energy Security Board’s public consultation in August 2018 on policy options related to the proposed National Energy Guarantee’s reliability requirement, including the removal of the requirement for a T-3 determination and ministerial powers to activate the reliability obligation.

The Bill should be read in conjunction with the draft National Electricity (South Australia) (Retailer Reliability Obligation) Amendment Bill 2018 released by the Energy Security Board.

Consultation details

The Department for Energy and Mining invites submissions from interested parties by the close of business Wednesday 12 December 2018.

Late submissions will not be accepted.

Feedback received will inform the preparation of the final draft Bill to be presented to the COAG Energy Council’s December 2018 meeting.

Submissions can be lodged by emailing them to

All submissions will be published on the Department for Energy and Mining’s website, unless indicated as confidential