Victorian Numbered Acts

NATIONAL ENERGY RETAIL LAW (VICTORIA) ACT 2024 (NO. 18 OF 2024) - SECT 16

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

        (a)     the instrument or decision was made—

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

              (ii)     before the time (the application time ) that the applicable NERL provisions as modified by any regulations made under section 11 first started to apply under this Act as a law of Victoria; and

        (b)     had the applicable NERL provisions as modified by any regulations made under section 11 started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the "authorising laws")—

              (i)     the National Energy Retail Law (Victoria) or the National Energy Retail Regulations (Victoria);

              (ii)     this Act;

              (iii)     an instrument made or having effect under this Act, 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 AER has done anything that would, if the applicable NERL provisions as modified by any regulations made under section 11 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 laws—

        (a)     the instrument or decision is taken to be valid; and

        (b)     the instrument or decision has effect on and 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 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.

Note

See also the definition of instrument in clause 10 of Schedule 2 to the National Gas Law which is set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia. Under section 8 of the National Energy Retail Law (Victoria), Schedule 2 to the National Gas Law applies to the interpretation of that National Energy Retail Law (Victoria), the National Regulations and the Rules.