South Australian Current Acts South Australian Current Acts12—Specific regulation-making power
(1) Without limiting
the generality of section 11, the regulations may deal with matters of a
transitional nature—
(a)
relating to the transition from the application of provisions of the
old National Electricity Law to the application of provisions of the
new National Electricity Law; or
(b) on
account of any amendments made from time to time to the
new National Electricity Law.
(2) Any provision of
the regulations that deals with a matter of a transitional nature under
subsection (1)(a) may be expressed to take effect from a time that is
earlier than the beginning of the day on which the regulations containing the
provision are made, not being a time earlier than the commencement of this
subsection.
(2a) Any provision of
the regulations that deals with a matter of a transitional nature under
subsection (1)(b) may be expressed to take effect from a time that is
earlier than the beginning of the day on which the regulations containing the
provision are made, not being a time earlier than the commencement of the
relevant amendment.
(3) If a provision of
a regulation is expressed to take effect from a time that is earlier than the
beginning of the day on which the regulations containing the provision are
made, the provision must also provide that the provision does not operate so
as—
(a) to
prejudicially affect the rights of a person (other than a participating
jurisdiction or the AEMC, the AER, AEMO (including when its name was NEMMCO)
or AEMO T) existing before the date of making of those regulations; or
(b) to
impose liabilities on any person (other than a participating jurisdiction or
the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO T) in
respect of anything done or omitted to be done before the date of making of
those regulations.
(4) In this
section—
"matters of a transitional nature" includes matters of an application or
savings nature;
"new National Electricity Law" means the National Electricity Law set out in
the Schedule to this Act as in force from time to time after the commencement
of this subsection, or the Rules as in force from time to time after the
commencement of this subsection;
"old National Electricity Law" means the National Electricity Law set out in
the Schedule to this Act as in force from time to time before the commencement
of this subsection, or the Code as defined by that Law and in force from time
to time before the commencement of this subsection.