By Sarah Pick, Partner and Elly Thomas, Lawyer

The Statutes Amendments (National Energy Laws) (Data Access) Act 2025 (SA) (Amendment Act) commenced on 10 April 2025 and amends the National Electricity Law and the National Gas Law.

Scope

The Amendment Act implements coordinated data access amendments across both the electricity and gas sector frameworks and aims to strengthen the Australia Energy Market Operator’s (AEMO) authority to both use, and share, data efficiently. It introduces safeguards and penalties to protect sensitive information. The amendments support an integrated and responsive national energy data regime.

Key changes

The key amendments made by the Amendment Act to the National Electricity Law and the National Gas Law are set out below.

1. Expands AEMO’s statutory functions[1] to include:
   • disclosing information held by AEMO in certain circumstances; and
   • providing advisory and support services related to information held by, or otherwise available to, AEMO.

 

2. Includes a new concept of ‘data sharing purposes’[2] which is each of the following:
   • the delivery of government services;
   • informing government planning, policy or programs; and
   • research in relation to energy.

 

3. Expands the ‘relevant entities’ to which AEMO can disclose ‘protected information’ to for ‘data sharing purposes’;[3] which now includes (amongst other new entities) a person or body who:
   • satisfies any requirements or criteria prescribed by the Regulations; or
   • is a member of a class of persons or bodies prescribed by the Regulations.

 

4. Specifies specific purposes for which AEMO is not permitted to disclose ‘protected information’;[4]

 

5. In relation to ‘relevant entities’ to whom AEMO has disclosed ‘protected information’ to:
   • prohibits the circumstances in which the relevant entity may disclose that protected information;[5]
   • imposes obligations on the relevant entity in relation to protecting the protected information that is disclosed to it;[6] and
   • imposes obligations on the relevant entity to make a report to the AER regarding any non-compliance (or suspected non-compliance) with the prohibition and obligations described above.[7]

Penalties

In addition, the National Electricity (South Australia) Regulations and the National Gas (South Australia) Regulations were respectively amended by the National Electricity (South Australia) (Data Access) Amendment Regulations 2025 and National Gas (South Australia) (Data Access) Amendment Regulations 2025 to provide that the new provisions introduced that impact relevant entities use of, and protection of protected information are tier 2 civil penalty provisions.

Consequently, a breach of these new provisions by a relevant entity could result in penalties. The penalties for non-compliance are significant:

• • For individuals: An amount not exceeding $287,000, plus $14,400 per day every day during which the breach continues
  • For body corporate: An amount not exceeding $1 435 000, plus an amount not exceeding $71 800 for every day during which the breach continues.

 

[1] Section 49(1) of the National Electricity Law and Section 91A(1) of the National Gas Law.

[2] Section 54CA(2) of the National Electricity Law and Section 91GCA(2) of the National Gas Law.

[3] Section 54CA(1) of the National Electricity Law and Section 91GCA(1) of the National Gas Law.

[4] Section 54CA(3) of the National Electricity Law and Section 91GCA(3) of the National Gas Law.

[5] Section 54CA(7) of the National Electricity Law and Section 91GCA(7) of the National Gas Law.

[6] Section 54CA(8) of the National Electricity Law and Section 91GCA(8) of the National Gas Law.

[7] Sections 54CA(9) and (10) of the National Electricity Law and Sections 91GCA(9) and 10 of the National Gas Law.