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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Competition and Consumer Amendment
(Abolition of Limited Merits Review) Bill
2017
No. , 2017
(Environment and Energy)
A Bill for an Act to amend the Competition and
Consumer Act 2010, and for related purposes
No. , 2017
Competition and Consumer Amendment (Abolition of Limited Merits
Review) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Abolition of limited merits review
3
Part 1--Amendments
3
Competition and Consumer Act 2010
3
Part 2--Application and transitional
5
No. , 2017
Competition and Consumer Amendment (Abolition of Limited Merits
Review) Bill 2017
1
A Bill for an Act to amend the Competition and
1
Consumer Act 2010, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Competition and Consumer Amendment (Abolition
5
of Limited Merits Review) Act 2017.
6
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Competition and Consumer Amendment (Abolition of Limited Merits
Review) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Abolition of limited merits review Schedule 1
Amendments Part 1
No. , 2017
Competition and Consumer Amendment (Abolition of Limited Merits
Review) Bill 2017
3
Schedule 1--Abolition of limited merits review
1
Part 1--Amendments
2
Competition and Consumer Act 2010
3
1 Subsection 44AI(1)
4
Omit "A State/Territory energy law", substitute "Subject to
5
section 44AIA, a State/Territory energy law".
6
2 After section 44AI
7
Insert:
8
44AIA No merits review of AER decisions
9
A decision of the AER under a State/Territory energy law or local
10
energy instrument is not to be subject to merits review (however
11
described) by a body established under a law of a State or
12
Territory.
13
3 Subsection 44ZZM(1)
14
Omit "A State or Territory access regime law", substitute "Subject to
15
section 44ZZMAA, a State or Territory access regime law".
16
4 After section 44ZZM
17
Insert:
18
44ZZMAA No merits review by Tribunal of decisions under energy
19
laws
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(1) This section applies if a State/Territory energy law or the
21
Australian Energy Market Act 2004 purports to confer a function
22
or power, or to impose a duty, in relation to a decision made under:
23
(a) a State/Territory energy law; or
24
(b) a uniform energy law applied as a law of the Commonwealth
25
under the Australian Energy Market Act 2004.
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Schedule 1 Abolition of limited merits review
Part 1 Amendments
4
Competition and Consumer Amendment (Abolition of Limited Merits
Review) Bill 2017
No. , 2017
However, this section does not apply in relation to a decision
1
relating to the disclosure of confidential or protected information
2
under such a law.
3
(2) The purported conferral or imposition has no effect to the extent to
4
which it would require or permit merits review (however
5
described) of the decision by the Tribunal.
6
(3) This section applies despite anything in any law of the
7
Commonwealth, a State or a Territory.
8
Abolition of limited merits review Schedule 1
Application and transitional Part 2
No. , 2017
Competition and Consumer Amendment (Abolition of Limited Merits
Review) Bill 2017
5
Part 2--Application and transitional
1
5 Application
--insertion of section 44AIA
2
The amendment made by Part 1 of this Schedule to insert
3
section 44AIA of the Competition and Consumer Act 2010 applies in
4
relation to a decision that is made before, on or after the commencement
5
of this Schedule.
6
6 Application
--insertion of section 44ZZMAA
7
(1)
The amendment made by Part 1 of this Schedule to insert
8
section 44ZZMAA of the Competition and Consumer Act 2010 applies
9
in relation to a decision made before, on or after the commencement of
10
this Schedule, subject to subitem (2).
11
(2)
The amendment does not apply in relation to a decision if an application
12
for merits review of the decision by the Tribunal was made before
13
21 June 2017.
14
(3)
However, subitem (2) does not prevent the amendment applying in
15
relation to a decision covered by subsection 44ZZMAA(1) of that Act
16
(as inserted by this Act) if the decision is made on the remittal of a
17
matter by the Tribunal.
18
Note:
A matter may be remitted by the Tribunal following merits review by the Tribunal of
19
such a decision if an application for merits review was made before 21 June 2017.
20
Subitem (3) prevents an application for merits review by the Tribunal of the decision on
21
the remitted matter.
22