Australian Energy Market Commission Establishment Act 2004 (SA)

South Australia Australian Energy Market Commission Establishment Act 2004 An Act to establish the Australian Energy Market Commission; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Crown to be bound Part 2—Australian Energy Market Commission 5 Australian Energy Market Commission 6 Functions 7 Operations outside State 8 Objectives 9 Independence 10 AEMC may publish statements, reports and guidelines 11 Memorandum of Understanding 12 Membership of AEMC 13 Terms and conditions of appointment 14 Acting Chairperson or Commissioner 15 Vacancies or defects in appointment 16 Chief executive 17 Other staff 18 Immunity 19 Consultants 20 Delegation 21 Meetings of AEMC 22 Disclosure of interest 23 Common seal and execution of documents 24 Confidentiality 25 Annual performance plan and budget 26 Accounts and audit 27 Annual report Part 5—Miscellaneous 48 Certain Acts not to apply 49 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Australian Energy Market Commission Establishment Act 2004. 3—Interpretation (1) In this Act, unless the contrary intention appears— AEMC means the Australian Energy Market Commission established under section 5; AEMO means the Australian Energy Market Operator Limited (ACN 072 010 327); Chairperson means the Commissioner appointed to be Chairperson of the AEMC under section 12; Commissioner means the Chairperson or another Commissioner appointed to the AEMC under section 12; eligible MCE Minister means a Minister of the MCE eligible to vote on a question arising for decision by the MCE, in accordance with its procedures; Jurisdictional Energy Law means a law of the Commonwealth, or a State or Territory of the Commonwealth, that relates to energy and is prescribed by regulation for the purposes of this definition; MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: (a) 1 Minister from the Commonwealth; (b) 1 Minister from each State (totalling 6 Ministers); (c) 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; National Electricity Application Act means— (a) the National Electricity (South Australia) Act 1996; or (b) the Electricity (National Scheme) Act 1997 of the Australian Capital Territory; or (c) the National Electricity (New South Wales) Act 1997 of New South Wales; or (d) the Electricity - National Scheme (Queensland) Act 1997 of Queensland; or (e) the Electricity - National Scheme (Tasmania) Act 1999 of Tasmania; or (f) the National Electricity (Victoria) Act 1997 of Victoria; or (g) an Act of the Commonwealth, or any other State or Territory of the Commonwealth, that applies the National Electricity Law as a law of that jurisdiction; National Electricity Law means the National Electricity Law as applied by a National Electricity Application Act; National Electricity Regulations means the National Electricity (South Australia) Regulations as applied by a National Electricity Application Act; National Electricity Rules means the National Electricity Rules as defined in section 2 of the National Electricity Law; National Energy Law means— (a) a National Electricity Application Act; or (b) the National Electricity Law; or (c) the National Electricity Regulations; or (d) the National Electricity Rules; or (e) a National Gas Application Act; or (f) the National Gas Law; or (g) the National Gas Regulations; or (h) the National Gas Rules; or (i) a National Energy Retail Law Application Act; or (j) the National Energy Retail Law; or (k) the National Energy Retail Regulations; or (l) the National Energy Retail Rules; National Energy Retail Law Application Act means— (a) the National Energy Retail Law (South Australia) Act 2011; or (b) any other Act of a State or Territory of the Commonwealth that applies the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011, with or without modification and whether as in force at a particular time or as in force for the time being, as a law of that jurisdiction; National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 applying as a law of South Australia or as applied, with or without modification and whether as in force at a particular time or as in force for the time being, as a law of another jurisdiction; National Energy Retail Regulations means the National Energy Retail Regulations as defined in section 2 of the National Energy Retail Law; National Energy Retail Rules means the National Energy Retail Rules as defined in section 2 of the National Energy Retail Law; National Gas Application Act means— (a) the National Gas (South Australia) Act 2008; or (b) the Australian Energy Market Act 2004 of the Commonwealth; or (c) any other Act of a State or Territory of the Commonwealth that applies the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008, with or without modification and whether as in force at a particular time or as in force for the time being, as a law of that jurisdiction; National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 applying as a law of South Australia or as applied, with or without modification and whether as in force at a particular time or as in force for the time being, as a law of another jurisdiction; National Gas Regulations means regulations that, under a National Gas Application Act, apply as regulations for the purposes of a National Gas Law; National Gas Rules means the National Gas Rules as defined in section 2 of the National Gas Law; natural gas has the same meaning as in the National Gas Law; Territory means the Australian Capital Territory or the Northern Territory. (2) A reference in this Act to an Act, regulations or law of another jurisdiction is a reference to the Act, regulations or law as amended and in force for the time being, or to any Act, regulations or law enacted or made in substitution for the Act, regulations or law. (3) For the purposes of this Act, if the calculation of two‑thirds of the eligible MCE Ministers results in a fraction, two‑thirds of the eligible MCE Ministers will be the number resulting from rounding up that fraction. 4—Crown to be bound This Act binds the Crown, not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.