Australian Energy Market Amendment (National Energy Retail Law) Act 2011 (Cth)

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

No. 119, 2011

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 2 Commencement 3 Schedule(s) Schedule 1—Australian Energy Market Act 2004 Part 1—Amendments Part 2—Transitional Schedule 2—Other amendments Administrative Decisions (Judicial Review) Act 1977 Competition and Consumer Act 2010

Australian Energy Market Amendment (National Energy Retail Law) Act 2011 No. 119, 2011

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

[Assented to 14 October 2011]

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. 14 October 2011 2. Schedule 1 The later of: 1 July 2012 (a) the start of the day this Act receives the Royal Assent; and (South Australian Gazette 28 June 2012, No 47 p2923 and Tasmanian Government Gazette 29 June 2012, Special Gazette No 21250 p1454) (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. (paragraph (b) applies) 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: 1 July 2012 (a) the start of the day this Act receives the Royal Assent; and (South Australian Gazette 28 June 2012, No 47 p2923 and Tasmanian Government Gazette 29 June 2012, Special Gazette No 21250 p1454) (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. (paragraph (b) applies) 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: 1 July 2012 (a) immediately after the time the provisions covered by table item 3 commence; and (paragraph (a) applies) (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: 1 July 2012 (a) the start of the day this Act receives the Royal Assent; and (South Australian Gazette 28 June 2012, No 47 p2923 and Tasmanian Government Gazette 29 June 2012, Special Gazette No 21250 p1454) (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. (paragraph (b) applies) 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.