Queensland Consolidated Acts

NATIONAL ENERGY RETAIL LAW (QUEENSLAND) ACT 2014 - SECT 13

13 Validation of instruments and decisions made by AER

(1) This section applies to an instrument or decision made by the AER if—

(a) the instrument or decision was made—

(i) at or after the time the South Australian Act was enacted; but

(ii) before the time (the
"application time" ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and

(b) had that Law started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the
"authorising law" )—

(i) the National Energy Retail Law (Queensland);

(ii) the National Energy Retail Regulations (Queensland);

(iii) this Act;

(iv) a regulation under this Act; and

(c) if 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 AER has done anything that would, if that Law 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 this section—

(a) guidelines are an example of an instrument; and

(b) the following are examples of decisions—

(i) appointments;

(ii) determinations;

(iii) approvals.