South Australian Current Acts South Australian Current Acts20—Validation of instruments and decisions made by AER
(1) This section
applies to an instrument or decision made by the AER if—
(a) the
instrument or decision was made—
(i)
on or after the time that the amendments of
the National Electricity Law by the Statutes Amendment (National Energy Retail
Law) Act 2011 were enacted; but
(ii)
before the time (the "application time") that the
amendments started to apply under this Act as a law of South Australia; and
(b) had
the amendments started so to apply the making of the instrument or decision
would have been authorised by or under one of the following laws (the
"authorising law"):
(i)
the National Electricity (South Australia) Law ;
(ii)
the National Electricity (South Australia) Regulations ;
(iii)
this Act;
(iv)
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 amendments 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 law—
(a) the
instrument or decision is taken to be valid; and
(b) the
instrument or decision has effect 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 as 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.