Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

AUSTRALIAN ENERGY MARKET AMENDMENT (NATIONAL ENERGY RETAIL LAW) ACT 2011 (NO. 119, 2011) - SCHEDULE 2

Other amendments

   

Administrative Decisions (Judicial Review) Act 1977

1  After paragraph 2(da) of Schedule 3

Insert:

                   (db)  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, as that Law applies as a law of South Australia;

                   (dc)  if an Act of another State or of the Australian Capital Territory or the Northern Territory applies 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, as that Law applies as a law of that other State or of that Territory--the National Energy Retail Law as so applied;

Competition and Consumer Act 2010

2  Subsection 4(1) (at the end of the definition of designated Commonwealth energy law )

Add:

               ; or (d)  the National Energy Retail Law and Regulations (Commonwealth) (as defined by the Australian Energy Market Act 2004 ).

3  Subsection 4(1)

Insert:

"local energy instrument " means a regulation, rule, order, declaration or other instrument if:

                     (a)  the instrument is made or has effect under a law of a State or Territory; and

                     (b)  the law of the State or Territory applies a uniform energy law as a law of its own jurisdiction.

4  Subsection 4(1)

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  Subsection 4(1) (after paragraph (c) of the definition of uniform energy law )

Insert:

                    (ca)  the South Australian Energy Retail Legislation; or

6  Subsection 44AI(1)

After "energy law", insert " or a local energy instrument".

Note:       The following heading to subsection 44AI(1) is inserted " General rule ".

7  Subsection 44AI(1)

After "that law", insert "or instrument".

8  Subsection 44AI(1) (note)

After "law", insert "or instrument".

9  Subsection 44AI(2)

After "energy law", insert "or local energy instrument".

10  Subsection 44AI(3)

After "energy law", insert "or local energy instrument".

11  At the end of section 44AI

Add:

Local energy instruments

             (4)  A local energy instrument may confer functions or powers, or impose duties, on the AER only if the instrument is prescribed by the regulations for the purposes of this subsection.

             (5)  To avoid doubt, if a State/Territory energy law is also a local energy instrument, subsection (4) applies to the law.

12  Subsection 44AI(4)

Repeal the subsection, substitute:

             (4)  A local energy instrument may confer functions or powers, or impose duties, on the AER only if the instrument is designated for the purposes of this subsection under the Australian Energy Market Agreement, or any other relevant agreement between the Commonwealth and the State or Territory that made the instrument.

13  Saving of regulations made for the purposes of subsection 44AI(4)

Despite the repeal of subsection 44AI(4) by item 12 of this Schedule, regulations in force for the purposes of subsection 44AI(4) of the Competition and Consumer Act 2010 immediately before the commencement of this item continue in effect on and after that commencement, and may be repealed, as if the repeal of subsection 44A1(4) had not happened.

14  Subsection 44AJ(1)

After "energy law", insert "or local energy instrument".

15  Subsection 44AJ(1) (note)

Omit "Note", substitute "Note 1".

16  Subsection 44AJ(1) (note)

After "law", insert "or instrument".

17  At the end of subsection 44AJ(1)

Add:

Note 2:       Section 320 of the South Australian Energy Retail Legislation, as it applies as a law of a State or Territory, deals with the case where a duty purportedly imposed on a Commonwealth body under that applied law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.

18  Paragraph 44AJ(2)(b)

After "the law", insert "or instrument".

19  Subsection 44AJ(2) (note)

After "law" (wherever occurring), insert "or instrument".

20  Subsection 44AJ(3)

After "the law", insert "or instrument".

21  Section 44AK

After "energy law", insert "or local energy instrument".

Note:       The heading to section 44AK is altered by inserting " etc. " after " energy law ".

22  Paragraph 44AK(a)

After "the law", insert "or instrument".

23  Section 44AL (note)

After "laws" (wherever occurring), insert "or instruments".

24  Subsection 44ZZMA(1) (note)

Omit "Note", substitute "Note 1".

25  At the end of subsection 44ZZMA(1)

Add:

Note 2:       Section 320 of the South Australian Energy Retail Legislation, as it applies as a law of a State or Territory, deals with the case where a duty purportedly imposed on a Commonwealth body under that applied law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.


 



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback