South Australian Numbered Acts

NATIONAL ELECTRICITY (SOUTH AUSTRALIA) (NATIONAL ELECTRICITY LAW--MISCELLANEOUS AMENDMENTS) AMENDMENT ACT 2007 (NO 53 OF 2007) - SECT 85

85—Amendment of Schedule 2 to the NEL—Clause 42

Schedule 2 to the NEL—delete clause 42(2) to (5) and substitute:

        (2)         If a provision of the National Electricity Rules, or the application of a provision of the National Electricity Rules to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made—

            (a)         it is a valid provision to the extent to which it is not in excess of the power; and

            (b)         the remainder of the National Electricity Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected.

        (3)         Without limiting subclause (2), the National Electricity Rules are not to be construed as imposing any duty on the Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction.

Note—

The term "function" is defined in clause 10 to include "duty".

        (4)         In particular, if a provision of the National Electricity Rules appears to impose a duty on the Tribunal or AER to perform a function or exercise a power in matters or circumstances in which the assumption of the duty cannot be validly authorised under the law of the Commonwealth, or is otherwise ineffective, the provision is to be construed as if its operation were expressly confined to—

            (a)         acts or omissions of corporations to which section 51(xx) of the Constitution of the Commonwealth applies; or

            (b)         acts or omissions taking place in the course of, or in relation to, trade or commerce between this jurisdiction and places outside this jurisdiction (whether within or outside Australia); or

            (c)         acts or omissions taking place outside Australia, or in relation to things outside Australia.

        (5)         This clause does not limit the effect that a provision of the National Electricity Rules, or the provision of this Law under which it is made, would validly have apart from this clause.