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Australian Energy Market Amendment (National Energy Retail Law) Bill 2011

2010-2011

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

As passed by both Houses

 

 

 

 

 

 

 

 

 

Australian Energy Market Amendment (National Energy Retail Law) Bill 2011

 

No.      , 2011

 

 

 

 

 

A Bill for an Act to amend the Australian Energy Market Act 2004 to apply the National Energy Retail Law, and for other purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 4

Schedule 1—Australian Energy Market Act 2004                                             5

Part 1—Amendments                                                                                                     5

Part 2—Transitional                                                                                                      15

Schedule 2—Other amendments                                                                                  16

Administrative Decisions (Judicial Review) Act 1977                                        16

Competition and Consumer Act 2010                                                                    16

 



A Bill for an Act to amend the Australian Energy Market Act 2004 to apply the National Energy Retail Law, and for other purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Australian Energy Market Amendment (National Energy Retail Law) Act 2011 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

The later of:

(a) the start of the day this Act receives the Royal Assent; and

(b) the time, or the earliest time, that the National Energy Retail Law as set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia starts to apply under an Act of a State or of the Australian Capital Territory or the Northern Territory.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day of the event mentioned in paragraph (b). The notice is not a legislative instrument.

 

3.  Schedule 2, items 1 to 11

The later of:

(a) the start of the day this Act receives the Royal Assent; and

(b) the time, or the earliest time, that the National Energy Retail Law as set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia starts to apply under an Act of a State or of the Australian Capital Territory or the Northern Territory.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day of the event mentioned in paragraph (b). The notice is not a legislative instrument.

 

4.  Schedule 2, items 12 and 13

The later of:

(a) immediately after the time the provisions covered by table item 3 commence; and

(b) the time the Australian Energy Market Agreement (within the meaning of Part IIIAA of the Competition and Consumer Act 2010 ), or any other relevant agreement between the Commonwealth and a State or Territory, is amended to provide for the designation of instruments for the purposes of subsection 44AI(4) of that Act (as substituted by item 12 of Schedule 2 to this Act).

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) has not occurred before the end of 12 months after the commencement of subsection 44AI(4) of that Act (as added by item 11 of Schedule 2 to this Act).

The Minister must announce by notice in the Gazette the day of the event mentioned in paragraph (b). The notice is not a legislative instrument.

 

5.  Schedule 2, items 14 to 25

The later of:

(a) the start of the day this Act receives the Royal Assent; and

(b) the time, or the earliest time, that the National Energy Retail Law as set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia starts to apply under an Act of a State or of the Australian Capital Territory or the Northern Territory.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day of the event mentioned in paragraph (b). The notice is not a legislative instrument.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.