Commonwealth Numbered Acts Commonwealth Numbered Acts1 Section 3
Insert:
"National Energy Retail Law and Regulations (Commonwealth)" means:
(a) the National Energy Retail Law (Commonwealth); and
(b) the National Energy Retail Regulations (Commonwealth).
2 Section 3
Insert:
"National Energy Retail Law (Commonwealth)" means the provisions applying under section 11T.
3 Section 3
Insert:
"National Energy Retail Regulations (Commonwealth)" means the provisions applying under section 11U.
4 Section 3
Insert:
"South Australian Energy Retail Legislation" means:
(a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and
(b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.
The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.
5 Section 3 (at the end of the definition of State/Territory energy law )
Add:
; or (c) a State/Territory energy retail law.
6 Section 3
Insert:
"State/Territory energy retail law" means:
(a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or
(b) the South Australian Energy Retail Legislation as it applies as a law of another State; or
(c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.
7 Section 3 (after paragraph (ab) of the definition of uniform energy law )
Insert:
(ac) the South Australian Energy Retail Legislation; or
8 After paragraph 4(d)
Insert:
(da) the National Energy Retail Law and Regulations (Commonwealth);
9 At the end of section 5
Add:
Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra-territorial operation of the National Energy Retail Law (Commonwealth).
10 After Division 2 of Part 2
Insert:
Division 2A -- Energy retail laws
11T Application of National Energy Retail Law in offshore areas etc.
(1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:
(a) applies as a law of the Commonwealth:
(i) in the offshore area of each State and Territory; and
(ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and
(b) so applying may be referred to as the National Energy Retail Law (Commonwealth) .
(2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.
11U Application of National Energy Retail Regulations in offshore areas etc.
Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:
(a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and
(b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth) .
(1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).
(2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).
(1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).
(2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).
The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).
(1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).
(2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).
11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.
(1) In the National Energy Retail Law and Regulations (Commonwealth):
"National Energy Retail Law or this Law" means the National Energy Retail Law (Commonwealth).
"the jurisdiction or this jurisdiction" means the Commonwealth.
(2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:
(a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or
(b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).
(3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.
(4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.
11 After paragraph 13(1)(cc)
Insert:
(cd) the National Energy Retail Law (Commonwealth); or
(ce) the National Energy Retail Regulations (Commonwealth); or
12 Subsection 13B(1) (note)
Omit "Note", substitute "Note 1".
13 At the end of subsection 13B(1)
Add:
Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.
14 At the end of section 13F
Add:
(3) To avoid doubt, an instrument made or having effect under:
(a) the National Energy Retail Law (Commonwealth); or
(b) the National Energy Retail Regulations (Commonwealth);
is taken not to be a legislative instrument for the purposes of the Legislative Instruments Act 2003 .
15 At the end of subsection 13G(1)
Add:
; or (c) the National Energy Retail Law and Regulations (Commonwealth).
16 After paragraph 13G(2)(b)
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or (c) the National Energy Retail Law (Commonwealth);
17 After section 13J
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13K Validation of instruments and decisions of Australian Energy Regulator--energy retail laws
(1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:
(a) the instrument or decision was made:
(i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but
(ii) before the time (the application time ) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and
(b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law ) if the South Australian Energy Retail Legislation had started so to apply; and
(c) in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)--the Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
(2) For the purposes of the authorising law:
(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision has effect from the application time:
(i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and
(ii) subject to that law as so applying.
(3) For the purposes of this section:
(a) guidelines are an example of an instrument; and
(b) the following are examples of decisions:
(i) appointments;
(ii) determinations;
(iii) approvals.
(1) This section applies if:
(a) the Australian Energy Regulator is required to do something (a preparatory step ) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law ); and
(b) the Australian Energy Regulator takes the preparatory step:
(i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but
(ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.
(2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.
13M Validation of instruments and decisions of Australian Energy Regulator--electricity and gas laws
(1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:
(a) the instrument or decision was made:
(i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but
(ii) before the time (the application time ) that the amendments started to apply under this Act as a law of the Commonwealth; and
(b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law ) if the amendments had started so to apply; and
(c) in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)--the Australian Energy Regulator has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
(2) For the purposes of the authorising law:
(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision has effect from the application time:
(i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and
(ii) subject to that law as so applying.
(3) For the purposes of this section:
(a) guidelines are an example of an instrument; and
(b) the following are examples of decisions:
(i) appointments;
(ii) determinations;
(iii) approvals.
(1) This section applies if:
(a) the Australian Energy Regulator is required to do something (a preparatory step ) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law ); and
(b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and
(c) the Australian Energy Regulator takes the preparatory step:
(i) on or after the time that the amendments were enacted; but
(ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.
(2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.
18 After paragraph 14(3)(cc)
Insert:
(cd) the National Energy Retail Law (Commonwealth); or
(ce) the National Energy Retail Regulations (Commonwealth); or
19 Transitional--regulations
The Governor-General may make regulations dealing with matters of a transitional, saving, or application nature relating to:
(a) the amendments made by Part 1 of this Schedule; or
(b) the National Energy Retail Law and Regulations (Commonwealth); or
(c) the amendments of the South Australian Electricity Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia that apply as a law of the Commonwealth under the Australian Energy Market Act 2004 ; or
(d) the amendments of the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia that apply as law of the Commonwealth under the Australian Energy Market Act 2004 .