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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Energy Market Bill 2004
No. ,
2004
(Industry, Tourism and
Resources)
A Bill for an Act relating to the
regulation of energy markets, and for related purposes
Contents
A Bill for an Act relating to the regulation of energy
markets, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Energy Market Act
2004.
(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 and 2 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Sections 3 to 14 |
A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 12
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
(1) In this Act, unless the contrary intention appears:
adjacent area, in respect of a State or Territory, means the
area that is identified in section 5A of the Petroleum (Submerged Lands)
Act 1967 as the adjacent area in respect of that State or
Territory.
Australian Energy Market Commission means the body
established by section 5 of the Australian Energy Market Commission
Establishment Act 2004 of South Australia.
Australian Energy Regulator means the body established by
section 44AE of the Trade Practices Act 1974.
National Electricity (Commonwealth) Law means the provisions
applying under section 6.
National Electricity (Commonwealth) Law, Regulations and Rules
means the National Electricity (Commonwealth) Law, the National
Electricity (Commonwealth) Regulations and the National Electricity
(Commonwealth) Rules.
National Electricity (Commonwealth) Regulations means the
provisions applying under section 7.
National Electricity (Commonwealth) Rules means the
provisions applying under section 8.
South Australian Electricity Legislation means:
(a) the National Electricity Law set out in Schedule 1 to the
National Electricity (South Australia) Act 1996 of South Australia as in
force from time to time; and
(b) any regulations, as in force from time to time, made under Part 4
of that Act; and
(c) any rules (including the National Electricity Code), as in force from
time to time, made under the National Electricity Law.
uniform energy law means:
(a) the South Australian Electricity Legislation; and
(b) provisions of a law of a State or Territory that:
(i) relate to energy; and
(ii) are prescribed by the regulations for the purposes of this
subparagraph;
being those provisions as in force from time to time.
(2) Words and expressions used in Schedule 1 to the National
Electricity (South Australia) Act 1996 of South Australia (applying as part
of the National Electricity (Commonwealth) Law) and in this Act have the same
respective meanings in this Act as they have in that Schedule.
(3) Subsection (2) does not apply to the extent that the context or
subject matter otherwise indicates or requires.
This Act, the National Electricity (Commonwealth) Law, Regulations and
Rules, and any other uniform energy law applied as a law of the Commonwealth,
bind the Crown in each of its capacities.
It is the intention of the Parliament that the operation of this Act, the
National Electricity (Commonwealth) Law, Regulations and Rules, and any other
uniform energy law applied as a law of the Commonwealth, should, as far as
possible, include operation in relation to the following:
(a) things situated in or outside Australia;
(b) acts, transactions and matters done, entered into or occurring in or
outside Australia;
(c) things, acts, transactions and matters (wherever situated, done,
entered into or occurring) that would, apart from this Act, be governed or
otherwise affected by the law of a State, a Territory or a foreign
country.
The National Electricity Law set out in Schedule 1 to the
National Electricity (South Australia) Act 1996 of South Australia as in
force from time to time:
(a) applies as a law of the Commonwealth:
(i) in the adjacent area of each State and Territory; and
(ii) in any other places, to any circumstances, or to any persons, that
are prescribed by regulations for the purpose of this subparagraph;
and
(b) so applying may be referred to as the National Electricity
(Commonwealth) Law.
Regulations, as in force from time to time, made under Part 4 of the
National Electricity (South Australia) Act 1996 of South
Australia:
(a) apply as regulations in force for the purposes of the National
Electricity (Commonwealth) Law; and
(b) so applying may be referred to as the National Electricity
(Commonwealth) Regulations.
Rules (including the National Electricity Code), as in force from time to
time, made under the National Electricity Law set out in Schedule 1 to the
National Electricity (South Australia) Act 1996 of South
Australia:
(a) apply as rules in force for the purposes of the National Electricity
(Commonwealth) Law; and
(b) so applying may be referred to as the National Electricity
(Commonwealth) Rules.
(1) The Australian Energy Market Commission has the functions and powers
conferred on it under the National Electricity (Commonwealth) Law, Regulations
and Rules.
(2) Any delegation by the Australian Energy Market Commission is taken to
extend to, and have effect for the purposes of, the National Electricity
(Commonwealth) Law, Regulations and Rules.
(1) The Australian Energy Regulator has the functions and powers conferred
on it under the National Electricity (Commonwealth) Law, Regulations and
Rules.
(2) Any delegation by the Australian Energy Regulator is taken to extend
to, and have effect for the purposes of, the National Electricity (Commonwealth)
Law, Regulations and Rules.
(1) In the National Electricity (Commonwealth) Law, Regulations and
Rules:
Court means the Federal Court of Australia.
Legislature of this jurisdiction means the Legislature of the
Commonwealth.
magistrate means a Federal Magistrate of the Federal
Magistrates Court.
the jurisdiction or this jurisdiction means the
Commonwealth.
the National Electricity Law or this Law means
the National Electricity (Commonwealth) Law.
(2) The Acts Interpretation Act 1915 of South Australia, and other
Acts of South Australia, do not apply to:
(a) the National Electricity Law set out in Schedule 1 to the
National Electricity (South Australia) Act 1996 of South Australia
applied as a law of the Commonwealth; or
(b) any regulations made under Part 4 of that Act applied as
regulations for the purposes of the National Electricity (Commonwealth) Law;
or
(c) any rules (including the National Electricity Code) applied as rules
for the purposes of the National Electricity (Commonwealth) Law.
Any other uniform energy law:
(a) applies as a law of the Commonwealth in the adjacent area of each
State and Territory; and
(b) so applying may be referred to by the name given to it by the
regulations.
(1) This section applies in respect of any decision of the Australian
Energy Regulator under:
(a) the National Electricity (Commonwealth) Law; or
(b) the National Electricity (Commonwealth) Regulations; or
(c) the National Electricity (Commonwealth) Rules; or
(d) a uniform energy law applied as a law of the Commonwealth.
(2) For the purposes of applying the Administrative Decisions (Judicial
Review) Act 1977 to such a decision, that decision is taken to be a decision
made under an enactment within the meaning of the Administrative Decisions
(Judicial Review) Act 1977.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Regulations may be made providing for the interpretation of a uniform
energy law applied as a law of the Commonwealth. In particular, the regulations
may provide that the following do not apply to the uniform energy law applied as
a law of the Commonwealth:
(a) any law, or any provision of a law, of the Commonwealth, a State or
Territory, being a law relating to the interpretation of laws;
(b) any other law, or any other provision of a law, of the Commonwealth, a
State or Territory.
(3) The regulations may modify or adapt any provision of:
(a) the National Electricity (Commonwealth) Law; or
(b) the National Electricity (Commonwealth) Regulations; or
(c) the National Electricity (Commonwealth) Rules; or
(d) a uniform energy law applied as a law of the Commonwealth;
as it applies as a provision of a law of the Commonwealth.