{"id":"C2004A01335","name":"Australian Energy Market Act 2004","slug":"australian-energy-market-act-2004","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"99 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6188,"registerId":"commonwealth-C2004A01335-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Australian Energy Market Act 2004.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (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.\n\n```html\n

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.

30 June 2004

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.

30 June 2005

\n```\n\n> 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.\n\n (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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n\n> Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.\n\n> coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:\n\n (a) the territorial sea; and\n (b) the sea that is:\n (i) on the landward side of the territorial sea; and\n (ii) not within the limits of Western Australia.\n For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.\n\n> Commonwealth Minister means the Minister administering this Act.\n\n> Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.\n\n> federal tax‑exempt matter has the meaning given by subsection 13D(2).\n\n> National Electricity (Commonwealth) Law means the provisions applying under section 6.\n\n> National Electricity (Commonwealth) Law and Regulations means:\n\n (a) the National Electricity (Commonwealth) Law; and\n (b) the National Electricity (Commonwealth) Regulations.\n\n> National Electricity (Commonwealth) Regulations means the provisions applying under section 7.\n\n> National Energy Retail Law and Regulations (Commonwealth) means:\n\n (a) the National Energy Retail Law (Commonwealth); and\n (b) the National Energy Retail Regulations (Commonwealth).\n\n> National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.\n\n> National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.\n\n> National Gas (Commonwealth) Law means the provisions applying under section 11A.\n\n> National Gas (Commonwealth) Law and Regulations means:\n\n (a) the National Gas (Commonwealth) Law; and\n (b) the National Gas (Commonwealth) Regulations.\n\n> National Gas (Commonwealth) Regulations means the provisions applying under section 11B.\n\n> natural gas has the same meaning as in the National Gas (Commonwealth) Law.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:\n\n (a) Western Australia; or\n (b) the coastal waters of Western Australia;\n but does not include a pipeline any part of which is situated in another State or in a Territory.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:\n\n (a) the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n> Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.\n\n> prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.\n\n> South Australian Electricity Legislation means:\n\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 4 of that Act.\n The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> South Australian Energy Retail Legislation means:\n\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and\n (b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.\n The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n> South Australian Gas Legislation means:\n\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> State/Territory electricity law means:\n\n (a) the South Australian Electricity Legislation as it applies as a law of South Australia; or\n (b) the South Australian Electricity Legislation as it applies as a law of another State; or\n (c) the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory energy law means:\n\n (a) a State/Territory electricity law; or\n (b) a State/Territory gas law; or\n (c) a State/Territory energy retail law.\n\n> State/Territory energy retail law means:\n\n (a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or\n (b) the South Australian Energy Retail Legislation as it applies as a law of another State; or\n (c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory gas law means:\n\n (a) the South Australian Gas Legislation as it applies as a law of South Australia; or\n (b) the South Australian Gas Legislation as it applies as a law of another State; or\n (c) the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or\n (d) the Western Australian Gas Legislation as it applies as a law of Western Australia.\n\n> State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).\n\n> uniform energy law means:\n\n (a) the South Australian Electricity Legislation; or\n (aa) the South Australian Gas Legislation; or\n (ab) the Western Australian Gas Legislation; or\n (ac) the South Australian Energy Retail Legislation; or\n (b) provisions of a law of a State or Territory that:\n (i) relate to energy; and\n (ii) are prescribed by the regulations for the purposes of this subparagraph;\n being those provisions as in force from time to time.\n\n> Western Australian Gas Legislation means:\n\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Crown to be bound","content":"#### 4 Crown to be bound\n\n Each of the following:\n (a) this Act;\n (b) the National Electricity (Commonwealth) Law and Regulations;\n (c) the National Gas (Commonwealth) Law and Regulations;\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;\n (da) the National Energy Retail Law and Regulations (Commonwealth);\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n binds the Crown in each of its capacities.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Extra‑territorial operation","content":"#### 5 Extra‑territorial operation\n\n It is the intention of the Parliament that the operation of:\n (a) this Act; and\n (b) the National Electricity (Commonwealth) Law and Regulations; and\n (c) the National Gas (Commonwealth) Law and Regulations; and\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n should, as far as possible, include operation in relation to the following:\n (f) things situated in or outside Australia;\n (g) acts, transactions and matters done, entered into or occurring in or outside Australia;\n (h) 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.\n\n> Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of energy laws as laws of the Commonwealth","content":"An Act relating to the regulation of energy markets, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Energy Market Act 2004.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

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.

30 June 2004

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.

30 June 2005

\n```\n\n> 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.\n\n (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.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n\n> Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.\n\n> coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:\n\n (a) the territorial sea; and\n (b) the sea that is:\n (i) on the landward side of the territorial sea; and\n (ii) not within the limits of Western Australia.\n For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.\n\n> Commonwealth Minister means the Minister administering this Act.\n\n> Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.\n\n> federal tax‑exempt matter has the meaning given by subsection 13D(2).\n\n> National Electricity (Commonwealth) Law means the provisions applying under section 6.\n\n> National Electricity (Commonwealth) Law and Regulations means:\n\n (a) the National Electricity (Commonwealth) Law; and\n (b) the National Electricity (Commonwealth) Regulations.\n\n> National Electricity (Commonwealth) Regulations means the provisions applying under section 7.\n\n> National Energy Retail Law and Regulations (Commonwealth) means:\n\n (a) the National Energy Retail Law (Commonwealth); and\n (b) the National Energy Retail Regulations (Commonwealth).\n\n> National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.\n\n> National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.\n\n> National Gas (Commonwealth) Law means the provisions applying under section 11A.\n\n> National Gas (Commonwealth) Law and Regulations means:\n\n (a) the National Gas (Commonwealth) Law; and\n (b) the National Gas (Commonwealth) Regulations.\n\n> National Gas (Commonwealth) Regulations means the provisions applying under section 11B.\n\n> natural gas has the same meaning as in the National Gas (Commonwealth) Law.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:\n\n (a) Western Australia; or\n (b) the coastal waters of Western Australia;\n but does not include a pipeline any part of which is situated in another State or in a Territory.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:\n\n (a) the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n> Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.\n\n> prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.\n\n> South Australian Electricity Legislation means:\n\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 4 of that Act.\n The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> South Australian Energy Retail Legislation means:\n\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and\n (b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.\n The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n> South Australian Gas Legislation means:\n\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> State/Territory electricity law means:\n\n (a) the South Australian Electricity Legislation as it applies as a law of South Australia; or\n (b) the South Australian Electricity Legislation as it applies as a law of another State; or\n (c) the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory energy law means:\n\n (a) a State/Territory electricity law; or\n (b) a State/Territory gas law; or\n (c) a State/Territory energy retail law.\n\n> State/Territory energy retail law means:\n\n (a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or\n (b) the South Australian Energy Retail Legislation as it applies as a law of another State; or\n (c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory gas law means:\n\n (a) the South Australian Gas Legislation as it applies as a law of South Australia; or\n (b) the South Australian Gas Legislation as it applies as a law of another State; or\n (c) the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or\n (d) the Western Australian Gas Legislation as it applies as a law of Western Australia.\n\n> State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).\n\n> uniform energy law means:\n\n (a) the South Australian Electricity Legislation; or\n (aa) the South Australian Gas Legislation; or\n (ab) the Western Australian Gas Legislation; or\n (ac) the South Australian Energy Retail Legislation; or\n (b) provisions of a law of a State or Territory that:\n (i) relate to energy; and\n (ii) are prescribed by the regulations for the purposes of this subparagraph;\n being those provisions as in force from time to time.\n\n> Western Australian Gas Legislation means:\n\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 4 Crown to be bound\n\n Each of the following:\n (a) this Act;\n (b) the National Electricity (Commonwealth) Law and Regulations;\n (c) the National Gas (Commonwealth) Law and Regulations;\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;\n (da) the National Energy Retail Law and Regulations (Commonwealth);\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n binds the Crown in each of its capacities.\n\n#### 5 Extra‑territorial operation\n\n It is the intention of the Parliament that the operation of:\n (a) this Act; and\n (b) the National Electricity (Commonwealth) Law and Regulations; and\n (c) the National Gas (Commonwealth) Law and Regulations; and\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n should, as far as possible, include operation in relation to the following:\n (f) things situated in or outside Australia;\n (g) acts, transactions and matters done, entered into or occurring in or outside Australia;\n (h) 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.\n\n> Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).\n\n## Part 2—Application of energy laws as laws of the Commonwealth\n\n### Division 1—Electricity laws\n\n#### 6 Application of National Electricity Law in offshore areas etc.\n\n (1) The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 7 Application of National Electricity Regulations in offshore areas etc.\n\n Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:\n (a) apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Regulations.\n\n#### 9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n\n#### 10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.\n\n#### 11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.\n\n (1) In the National Electricity (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> Legislature of this jurisdiction means the Legislature of the Commonwealth.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n> the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n### Division 2—Gas laws\n\n#### Subdivision A—General\n\n#### 11A Application of National Gas Law in offshore areas, certain Territories etc.\n\n (1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and the Northern Territory; and\n (ii) in the offshore area of Norfolk Island; and\n (iii) in the offshore area of the Territory of Ashmore and Cartier Islands; and\n (iv) in the Territory of Christmas Island; and\n (v) in the offshore area of the Territory of Christmas Island; and\n (vi) in the Territory of Cocos (Keeling) Islands; and\n (vii) in the offshore area of the Territory of Cocos (Keeling) Islands; and\n (viii) in the offshore area of the Territory of Heard Island and McDonald Islands; and\n (ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Law.\n (2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.\n (3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11B Application of National Gas Regulations in offshore areas, certain Territories etc.\n\n (1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia:\n (a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Regulations.\n (2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.\n\n#### 11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.\n\n (1) In the National Gas (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> designated Minister means the Commonwealth Minister.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### Subdivision B—Offshore Western Australian pipelines\n\n#### 11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia\n\n (1) The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time:\n (a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the offshore area of Western Australia; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia\n\n Regulations, as in force from time to time, made under Part 3 of the National Gas Access (WA) Act 2009 of Western Australia:\n (a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n#### 11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.\n\n (1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.\n (2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### 11S Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.\n\n### Division 2A—Energy retail laws\n\n#### 11T Application of National Energy Retail Law in offshore areas etc.\n\n (1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Energy Retail Law (Commonwealth).\n (2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n#### 11U Application of National Energy Retail Regulations in offshore areas etc.\n\n Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:\n (a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and\n (b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth).\n\n#### 11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.\n\n (1) In the National Energy Retail Law and Regulations (Commonwealth):\n\n> National Energy Retail Law or this Law means the National Energy Retail Law (Commonwealth).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).\n (3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n (4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.\n\n### Division 3—Prescribed uniform energy laws\n\n#### 12 Application of other uniform energy laws in offshore areas\n\n A prescribed uniform energy law:\n (a) applies as a law of the Commonwealth in the offshore area of each State and Territory; and\n (b) so applying may be referred to by the name given to it by the regulations.\n\n## Part 3—Miscellaneous\n\n#### 13 Application of the Administrative Decisions (Judicial Review) Act 1977\n\n (1) This section applies in respect of any decision under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth.\n (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.\n\n#### 13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister\n\n (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Competition and Consumer Act 2010.\n\n> Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Competition and Consumer Act 2010.\n\n> Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Competition and Consumer Act 2010.\n\n (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:\n (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or\n (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.\n (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.\n\n#### 13B How duty is imposed\n\n Application\n (1) This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.\n\n State or Territory legislative power sufficient to support duty\n (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:\n (a) imposing the duty is within the legislative powers of the State or Territory concerned; and\n (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n\n> Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).\n\n Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not\n (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.\n (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.\n (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:\n (a) is within the legislative powers of the Commonwealth; and\n (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n (6) Subsections (1) to (5) do not limit section 13A.\n\n#### 13C When a State/Territory energy law imposes a duty\n\n For the purposes of sections 13A and 13B, a State/Territory energy law imposes a duty on the Commonwealth Minister if:\n (a) the law confers a function or power on the Commonwealth Minister; and\n (b) the circumstances in which the function or power is conferred give rise to an obligation on the Commonwealth Minister to perform the function or to exercise the power.\n\n#### 13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.\n\n (1) No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:\n (a) a federal tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax‑exempt matter.\n (2) In this Act:\n\n> federal tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of federal tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13E Exemption from State and Territory taxes\n\n (1) Any stamp duty or other tax imposed by or under a law of a State or Territory is not payable in relation to:\n (a) a State/Territory tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a State/Territory tax‑exempt matter.\n (2) In this Act:\n\n> State/Territory tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister is satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of State/Territory tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13F Legislative instruments\n\n (1) To avoid doubt, an instrument made or having effect under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) a prescribed uniform energy law applied as a law of the Commonwealth;\n is taken not to be, and never to have been, a legislative instrument.\n (2) To avoid doubt, an instrument made or having effect under:\n (a) the National Gas (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Regulations; or\n (c) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (d) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n is taken not to be a legislative instrument.\n (3) To avoid doubt, an instrument made or having effect under:\n (a) the National Energy Retail Law (Commonwealth); or\n (b) the National Energy Retail Regulations (Commonwealth);\n is taken not to be a legislative instrument.\n\n#### 13G Jurisdiction of the Federal Court\n\n (1) The Federal Court is invested with jurisdiction with respect to civil and criminal matters arising under:\n (a) the National Electricity (Commonwealth) Law and Regulations; or\n (b) the National Gas (Commonwealth) Law and Regulations; or\n (c) the National Energy Retail Law and Regulations (Commonwealth).\n (2) If a provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Law; or\n (c) the National Energy Retail Law (Commonwealth);\n whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Federal Court in relation to a matter, that provision is taken to vest the Court with jurisdiction in that matter.\n\n#### 13H Jurisdiction of the Supreme Court of Western Australia\n\n (1) The Supreme Court of Western Australia is invested with jurisdiction with respect to civil and criminal matters arising under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) If a provision of the Offshore Western Australian Pipelines (Commonwealth) Law, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Supreme Court of Western Australia in relation to a matter:\n (a) that provision is taken to vest the Court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the Court may be subject.\n\n#### 13J Jurisdiction of a State or Territory court under a prescribed uniform energy law\n\n (1) The courts of a State or Territory are invested with jurisdiction with respect to civil and criminal matters arising under a prescribed uniform energy law of the State or Territory applied as a law of the Commonwealth.\n (2) If a provision of a prescribed uniform energy law of a State or Territory applied as a law of the Commonwealth, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a court of the State or Territory in relation to a matter:\n (a) that provision is taken to vest the court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject.\n\n#### 13K Validation of instruments and decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time (the application time) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law) if the South Australian Energy Retail Legislation had started so to apply; and\n (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 Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law); and\n (b) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but\n (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and\n (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 Australian Energy Regulator 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.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law); and\n (b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and\n (c) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the amendments were enacted; but\n (ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 14 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (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:\n (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;\n (b) any other law, or any other provision of a law, of the Commonwealth, a State or Territory.\n (3) The regulations may modify or adapt any provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth;\n as it applies as a provision of a law of the Commonwealth.","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Electricity laws","content":"An Act relating to the regulation of energy markets, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Energy Market Act 2004.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

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.

30 June 2004

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.

30 June 2005

\n```\n\n> 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.\n\n (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.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n\n> Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.\n\n> coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:\n\n (a) the territorial sea; and\n (b) the sea that is:\n (i) on the landward side of the territorial sea; and\n (ii) not within the limits of Western Australia.\n For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.\n\n> Commonwealth Minister means the Minister administering this Act.\n\n> Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.\n\n> federal tax‑exempt matter has the meaning given by subsection 13D(2).\n\n> National Electricity (Commonwealth) Law means the provisions applying under section 6.\n\n> National Electricity (Commonwealth) Law and Regulations means:\n\n (a) the National Electricity (Commonwealth) Law; and\n (b) the National Electricity (Commonwealth) Regulations.\n\n> National Electricity (Commonwealth) Regulations means the provisions applying under section 7.\n\n> National Energy Retail Law and Regulations (Commonwealth) means:\n\n (a) the National Energy Retail Law (Commonwealth); and\n (b) the National Energy Retail Regulations (Commonwealth).\n\n> National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.\n\n> National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.\n\n> National Gas (Commonwealth) Law means the provisions applying under section 11A.\n\n> National Gas (Commonwealth) Law and Regulations means:\n\n (a) the National Gas (Commonwealth) Law; and\n (b) the National Gas (Commonwealth) Regulations.\n\n> National Gas (Commonwealth) Regulations means the provisions applying under section 11B.\n\n> natural gas has the same meaning as in the National Gas (Commonwealth) Law.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:\n\n (a) Western Australia; or\n (b) the coastal waters of Western Australia;\n but does not include a pipeline any part of which is situated in another State or in a Territory.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:\n\n (a) the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n> Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.\n\n> prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.\n\n> South Australian Electricity Legislation means:\n\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 4 of that Act.\n The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> South Australian Energy Retail Legislation means:\n\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and\n (b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.\n The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n> South Australian Gas Legislation means:\n\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> State/Territory electricity law means:\n\n (a) the South Australian Electricity Legislation as it applies as a law of South Australia; or\n (b) the South Australian Electricity Legislation as it applies as a law of another State; or\n (c) the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory energy law means:\n\n (a) a State/Territory electricity law; or\n (b) a State/Territory gas law; or\n (c) a State/Territory energy retail law.\n\n> State/Territory energy retail law means:\n\n (a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or\n (b) the South Australian Energy Retail Legislation as it applies as a law of another State; or\n (c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory gas law means:\n\n (a) the South Australian Gas Legislation as it applies as a law of South Australia; or\n (b) the South Australian Gas Legislation as it applies as a law of another State; or\n (c) the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or\n (d) the Western Australian Gas Legislation as it applies as a law of Western Australia.\n\n> State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).\n\n> uniform energy law means:\n\n (a) the South Australian Electricity Legislation; or\n (aa) the South Australian Gas Legislation; or\n (ab) the Western Australian Gas Legislation; or\n (ac) the South Australian Energy Retail Legislation; or\n (b) provisions of a law of a State or Territory that:\n (i) relate to energy; and\n (ii) are prescribed by the regulations for the purposes of this subparagraph;\n being those provisions as in force from time to time.\n\n> Western Australian Gas Legislation means:\n\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 4 Crown to be bound\n\n Each of the following:\n (a) this Act;\n (b) the National Electricity (Commonwealth) Law and Regulations;\n (c) the National Gas (Commonwealth) Law and Regulations;\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;\n (da) the National Energy Retail Law and Regulations (Commonwealth);\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n binds the Crown in each of its capacities.\n\n#### 5 Extra‑territorial operation\n\n It is the intention of the Parliament that the operation of:\n (a) this Act; and\n (b) the National Electricity (Commonwealth) Law and Regulations; and\n (c) the National Gas (Commonwealth) Law and Regulations; and\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n should, as far as possible, include operation in relation to the following:\n (f) things situated in or outside Australia;\n (g) acts, transactions and matters done, entered into or occurring in or outside Australia;\n (h) 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.\n\n> Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).\n\n## Part 2—Application of energy laws as laws of the Commonwealth\n\n### Division 1—Electricity laws\n\n#### 6 Application of National Electricity Law in offshore areas etc.\n\n (1) The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 7 Application of National Electricity Regulations in offshore areas etc.\n\n Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:\n (a) apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Regulations.\n\n#### 9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n\n#### 10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.\n\n#### 11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.\n\n (1) In the National Electricity (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> Legislature of this jurisdiction means the Legislature of the Commonwealth.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n> the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n### Division 2—Gas laws\n\n#### Subdivision A—General\n\n#### 11A Application of National Gas Law in offshore areas, certain Territories etc.\n\n (1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and the Northern Territory; and\n (ii) in the offshore area of Norfolk Island; and\n (iii) in the offshore area of the Territory of Ashmore and Cartier Islands; and\n (iv) in the Territory of Christmas Island; and\n (v) in the offshore area of the Territory of Christmas Island; and\n (vi) in the Territory of Cocos (Keeling) Islands; and\n (vii) in the offshore area of the Territory of Cocos (Keeling) Islands; and\n (viii) in the offshore area of the Territory of Heard Island and McDonald Islands; and\n (ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Law.\n (2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.\n (3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11B Application of National Gas Regulations in offshore areas, certain Territories etc.\n\n (1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia:\n (a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Regulations.\n (2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.\n\n#### 11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.\n\n (1) In the National Gas (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> designated Minister means the Commonwealth Minister.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### Subdivision B—Offshore Western Australian pipelines\n\n#### 11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia\n\n (1) The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time:\n (a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the offshore area of Western Australia; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia\n\n Regulations, as in force from time to time, made under Part 3 of the National Gas Access (WA) Act 2009 of Western Australia:\n (a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n#### 11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.\n\n (1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.\n (2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### 11S Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.\n\n### Division 2A—Energy retail laws\n\n#### 11T Application of National Energy Retail Law in offshore areas etc.\n\n (1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Energy Retail Law (Commonwealth).\n (2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n#### 11U Application of National Energy Retail Regulations in offshore areas etc.\n\n Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:\n (a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and\n (b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth).\n\n#### 11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.\n\n (1) In the National Energy Retail Law and Regulations (Commonwealth):\n\n> National Energy Retail Law or this Law means the National Energy Retail Law (Commonwealth).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).\n (3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n (4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.\n\n### Division 3—Prescribed uniform energy laws\n\n#### 12 Application of other uniform energy laws in offshore areas\n\n A prescribed uniform energy law:\n (a) applies as a law of the Commonwealth in the offshore area of each State and Territory; and\n (b) so applying may be referred to by the name given to it by the regulations.\n\n## Part 3—Miscellaneous\n\n#### 13 Application of the Administrative Decisions (Judicial Review) Act 1977\n\n (1) This section applies in respect of any decision under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth.\n (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.\n\n#### 13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister\n\n (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Competition and Consumer Act 2010.\n\n> Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Competition and Consumer Act 2010.\n\n> Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Competition and Consumer Act 2010.\n\n (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:\n (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or\n (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.\n (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.\n\n#### 13B How duty is imposed\n\n Application\n (1) This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.\n\n State or Territory legislative power sufficient to support duty\n (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:\n (a) imposing the duty is within the legislative powers of the State or Territory concerned; and\n (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n\n> Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).\n\n Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not\n (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.\n (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.\n (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:\n (a) is within the legislative powers of the Commonwealth; and\n (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n (6) Subsections (1) to (5) do not limit section 13A.\n\n#### 13C When a State/Territory energy law imposes a duty\n\n For the purposes of sections 13A and 13B, a State/Territory energy law imposes a duty on the Commonwealth Minister if:\n (a) the law confers a function or power on the Commonwealth Minister; and\n (b) the circumstances in which the function or power is conferred give rise to an obligation on the Commonwealth Minister to perform the function or to exercise the power.\n\n#### 13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.\n\n (1) No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:\n (a) a federal tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax‑exempt matter.\n (2) In this Act:\n\n> federal tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of federal tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13E Exemption from State and Territory taxes\n\n (1) Any stamp duty or other tax imposed by or under a law of a State or Territory is not payable in relation to:\n (a) a State/Territory tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a State/Territory tax‑exempt matter.\n (2) In this Act:\n\n> State/Territory tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister is satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of State/Territory tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13F Legislative instruments\n\n (1) To avoid doubt, an instrument made or having effect under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) a prescribed uniform energy law applied as a law of the Commonwealth;\n is taken not to be, and never to have been, a legislative instrument.\n (2) To avoid doubt, an instrument made or having effect under:\n (a) the National Gas (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Regulations; or\n (c) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (d) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n is taken not to be a legislative instrument.\n (3) To avoid doubt, an instrument made or having effect under:\n (a) the National Energy Retail Law (Commonwealth); or\n (b) the National Energy Retail Regulations (Commonwealth);\n is taken not to be a legislative instrument.\n\n#### 13G Jurisdiction of the Federal Court\n\n (1) The Federal Court is invested with jurisdiction with respect to civil and criminal matters arising under:\n (a) the National Electricity (Commonwealth) Law and Regulations; or\n (b) the National Gas (Commonwealth) Law and Regulations; or\n (c) the National Energy Retail Law and Regulations (Commonwealth).\n (2) If a provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Law; or\n (c) the National Energy Retail Law (Commonwealth);\n whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Federal Court in relation to a matter, that provision is taken to vest the Court with jurisdiction in that matter.\n\n#### 13H Jurisdiction of the Supreme Court of Western Australia\n\n (1) The Supreme Court of Western Australia is invested with jurisdiction with respect to civil and criminal matters arising under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) If a provision of the Offshore Western Australian Pipelines (Commonwealth) Law, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Supreme Court of Western Australia in relation to a matter:\n (a) that provision is taken to vest the Court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the Court may be subject.\n\n#### 13J Jurisdiction of a State or Territory court under a prescribed uniform energy law\n\n (1) The courts of a State or Territory are invested with jurisdiction with respect to civil and criminal matters arising under a prescribed uniform energy law of the State or Territory applied as a law of the Commonwealth.\n (2) If a provision of a prescribed uniform energy law of a State or Territory applied as a law of the Commonwealth, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a court of the State or Territory in relation to a matter:\n (a) that provision is taken to vest the court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject.\n\n#### 13K Validation of instruments and decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time (the application time) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law) if the South Australian Energy Retail Legislation had started so to apply; and\n (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 Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law); and\n (b) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but\n (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and\n (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 Australian Energy Regulator 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.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law); and\n (b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and\n (c) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the amendments were enacted; but\n (ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 14 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (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:\n (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;\n (b) any other law, or any other provision of a law, of the Commonwealth, a State or Territory.\n (3) The regulations may modify or adapt any provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth;\n as it applies as a provision of a law of the Commonwealth.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Application of National Electricity Law in offshore areas etc.","content":"#### 6 Application of National Electricity Law in offshore areas etc.\n\n (1) The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Application of National Electricity Regulations in offshore areas etc.","content":"#### 7 Application of National Electricity Regulations in offshore areas etc.\n\n Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:\n (a) apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Regulations.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations","content":"#### 9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations","content":"#### 10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.","sortOrder":11},{"sectionNumber":"10A","sectionType":"section","heading":"Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations","content":"#### 10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.","sortOrder":12},{"sectionNumber":"10B","sectionType":"section","heading":"Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations","content":"#### 10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.","content":"#### 11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.\n\n (1) In the National Electricity (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> Legislature of this jurisdiction means the Legislature of the Commonwealth.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n> the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Gas laws","content":"An Act relating to the regulation of energy markets, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Energy Market Act 2004.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

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.

30 June 2004

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.

30 June 2005

\n```\n\n> 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.\n\n (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.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n\n> Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.\n\n> coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:\n\n (a) the territorial sea; and\n (b) the sea that is:\n (i) on the landward side of the territorial sea; and\n (ii) not within the limits of Western Australia.\n For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.\n\n> Commonwealth Minister means the Minister administering this Act.\n\n> Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.\n\n> federal tax‑exempt matter has the meaning given by subsection 13D(2).\n\n> National Electricity (Commonwealth) Law means the provisions applying under section 6.\n\n> National Electricity (Commonwealth) Law and Regulations means:\n\n (a) the National Electricity (Commonwealth) Law; and\n (b) the National Electricity (Commonwealth) Regulations.\n\n> National Electricity (Commonwealth) Regulations means the provisions applying under section 7.\n\n> National Energy Retail Law and Regulations (Commonwealth) means:\n\n (a) the National Energy Retail Law (Commonwealth); and\n (b) the National Energy Retail Regulations (Commonwealth).\n\n> National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.\n\n> National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.\n\n> National Gas (Commonwealth) Law means the provisions applying under section 11A.\n\n> National Gas (Commonwealth) Law and Regulations means:\n\n (a) the National Gas (Commonwealth) Law; and\n (b) the National Gas (Commonwealth) Regulations.\n\n> National Gas (Commonwealth) Regulations means the provisions applying under section 11B.\n\n> natural gas has the same meaning as in the National Gas (Commonwealth) Law.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:\n\n (a) Western Australia; or\n (b) the coastal waters of Western Australia;\n but does not include a pipeline any part of which is situated in another State or in a Territory.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:\n\n (a) the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n> Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.\n\n> prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.\n\n> South Australian Electricity Legislation means:\n\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 4 of that Act.\n The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> South Australian Energy Retail Legislation means:\n\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and\n (b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.\n The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n> South Australian Gas Legislation means:\n\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> State/Territory electricity law means:\n\n (a) the South Australian Electricity Legislation as it applies as a law of South Australia; or\n (b) the South Australian Electricity Legislation as it applies as a law of another State; or\n (c) the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory energy law means:\n\n (a) a State/Territory electricity law; or\n (b) a State/Territory gas law; or\n (c) a State/Territory energy retail law.\n\n> State/Territory energy retail law means:\n\n (a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or\n (b) the South Australian Energy Retail Legislation as it applies as a law of another State; or\n (c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory gas law means:\n\n (a) the South Australian Gas Legislation as it applies as a law of South Australia; or\n (b) the South Australian Gas Legislation as it applies as a law of another State; or\n (c) the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or\n (d) the Western Australian Gas Legislation as it applies as a law of Western Australia.\n\n> State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).\n\n> uniform energy law means:\n\n (a) the South Australian Electricity Legislation; or\n (aa) the South Australian Gas Legislation; or\n (ab) the Western Australian Gas Legislation; or\n (ac) the South Australian Energy Retail Legislation; or\n (b) provisions of a law of a State or Territory that:\n (i) relate to energy; and\n (ii) are prescribed by the regulations for the purposes of this subparagraph;\n being those provisions as in force from time to time.\n\n> Western Australian Gas Legislation means:\n\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 4 Crown to be bound\n\n Each of the following:\n (a) this Act;\n (b) the National Electricity (Commonwealth) Law and Regulations;\n (c) the National Gas (Commonwealth) Law and Regulations;\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;\n (da) the National Energy Retail Law and Regulations (Commonwealth);\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n binds the Crown in each of its capacities.\n\n#### 5 Extra‑territorial operation\n\n It is the intention of the Parliament that the operation of:\n (a) this Act; and\n (b) the National Electricity (Commonwealth) Law and Regulations; and\n (c) the National Gas (Commonwealth) Law and Regulations; and\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n should, as far as possible, include operation in relation to the following:\n (f) things situated in or outside Australia;\n (g) acts, transactions and matters done, entered into or occurring in or outside Australia;\n (h) 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.\n\n> Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).\n\n## Part 2—Application of energy laws as laws of the Commonwealth\n\n### Division 1—Electricity laws\n\n#### 6 Application of National Electricity Law in offshore areas etc.\n\n (1) The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 7 Application of National Electricity Regulations in offshore areas etc.\n\n Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:\n (a) apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Regulations.\n\n#### 9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n\n#### 10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.\n\n#### 11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.\n\n (1) In the National Electricity (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> Legislature of this jurisdiction means the Legislature of the Commonwealth.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n> the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n### Division 2—Gas laws\n\n#### Subdivision A—General\n\n#### 11A Application of National Gas Law in offshore areas, certain Territories etc.\n\n (1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and the Northern Territory; and\n (ii) in the offshore area of Norfolk Island; and\n (iii) in the offshore area of the Territory of Ashmore and Cartier Islands; and\n (iv) in the Territory of Christmas Island; and\n (v) in the offshore area of the Territory of Christmas Island; and\n (vi) in the Territory of Cocos (Keeling) Islands; and\n (vii) in the offshore area of the Territory of Cocos (Keeling) Islands; and\n (viii) in the offshore area of the Territory of Heard Island and McDonald Islands; and\n (ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Law.\n (2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.\n (3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11B Application of National Gas Regulations in offshore areas, certain Territories etc.\n\n (1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia:\n (a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Regulations.\n (2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.\n\n#### 11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.\n\n (1) In the National Gas (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> designated Minister means the Commonwealth Minister.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### Subdivision B—Offshore Western Australian pipelines\n\n#### 11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia\n\n (1) The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time:\n (a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the offshore area of Western Australia; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia\n\n Regulations, as in force from time to time, made under Part 3 of the National Gas Access (WA) Act 2009 of Western Australia:\n (a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n#### 11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.\n\n (1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.\n (2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### 11S Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.\n\n### Division 2A—Energy retail laws\n\n#### 11T Application of National Energy Retail Law in offshore areas etc.\n\n (1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Energy Retail Law (Commonwealth).\n (2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n#### 11U Application of National Energy Retail Regulations in offshore areas etc.\n\n Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:\n (a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and\n (b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth).\n\n#### 11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.\n\n (1) In the National Energy Retail Law and Regulations (Commonwealth):\n\n> National Energy Retail Law or this Law means the National Energy Retail Law (Commonwealth).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).\n (3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n (4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.\n\n### Division 3—Prescribed uniform energy laws\n\n#### 12 Application of other uniform energy laws in offshore areas\n\n A prescribed uniform energy law:\n (a) applies as a law of the Commonwealth in the offshore area of each State and Territory; and\n (b) so applying may be referred to by the name given to it by the regulations.\n\n## Part 3—Miscellaneous\n\n#### 13 Application of the Administrative Decisions (Judicial Review) Act 1977\n\n (1) This section applies in respect of any decision under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth.\n (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.\n\n#### 13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister\n\n (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Competition and Consumer Act 2010.\n\n> Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Competition and Consumer Act 2010.\n\n> Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Competition and Consumer Act 2010.\n\n (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:\n (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or\n (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.\n (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.\n\n#### 13B How duty is imposed\n\n Application\n (1) This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.\n\n State or Territory legislative power sufficient to support duty\n (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:\n (a) imposing the duty is within the legislative powers of the State or Territory concerned; and\n (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n\n> Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).\n\n Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not\n (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.\n (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.\n (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:\n (a) is within the legislative powers of the Commonwealth; and\n (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n (6) Subsections (1) to (5) do not limit section 13A.\n\n#### 13C When a State/Territory energy law imposes a duty\n\n For the purposes of sections 13A and 13B, a State/Territory energy law imposes a duty on the Commonwealth Minister if:\n (a) the law confers a function or power on the Commonwealth Minister; and\n (b) the circumstances in which the function or power is conferred give rise to an obligation on the Commonwealth Minister to perform the function or to exercise the power.\n\n#### 13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.\n\n (1) No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:\n (a) a federal tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax‑exempt matter.\n (2) In this Act:\n\n> federal tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of federal tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13E Exemption from State and Territory taxes\n\n (1) Any stamp duty or other tax imposed by or under a law of a State or Territory is not payable in relation to:\n (a) a State/Territory tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a State/Territory tax‑exempt matter.\n (2) In this Act:\n\n> State/Territory tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister is satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of State/Territory tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13F Legislative instruments\n\n (1) To avoid doubt, an instrument made or having effect under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) a prescribed uniform energy law applied as a law of the Commonwealth;\n is taken not to be, and never to have been, a legislative instrument.\n (2) To avoid doubt, an instrument made or having effect under:\n (a) the National Gas (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Regulations; or\n (c) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (d) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n is taken not to be a legislative instrument.\n (3) To avoid doubt, an instrument made or having effect under:\n (a) the National Energy Retail Law (Commonwealth); or\n (b) the National Energy Retail Regulations (Commonwealth);\n is taken not to be a legislative instrument.\n\n#### 13G Jurisdiction of the Federal Court\n\n (1) The Federal Court is invested with jurisdiction with respect to civil and criminal matters arising under:\n (a) the National Electricity (Commonwealth) Law and Regulations; or\n (b) the National Gas (Commonwealth) Law and Regulations; or\n (c) the National Energy Retail Law and Regulations (Commonwealth).\n (2) If a provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Law; or\n (c) the National Energy Retail Law (Commonwealth);\n whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Federal Court in relation to a matter, that provision is taken to vest the Court with jurisdiction in that matter.\n\n#### 13H Jurisdiction of the Supreme Court of Western Australia\n\n (1) The Supreme Court of Western Australia is invested with jurisdiction with respect to civil and criminal matters arising under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) If a provision of the Offshore Western Australian Pipelines (Commonwealth) Law, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Supreme Court of Western Australia in relation to a matter:\n (a) that provision is taken to vest the Court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the Court may be subject.\n\n#### 13J Jurisdiction of a State or Territory court under a prescribed uniform energy law\n\n (1) The courts of a State or Territory are invested with jurisdiction with respect to civil and criminal matters arising under a prescribed uniform energy law of the State or Territory applied as a law of the Commonwealth.\n (2) If a provision of a prescribed uniform energy law of a State or Territory applied as a law of the Commonwealth, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a court of the State or Territory in relation to a matter:\n (a) that provision is taken to vest the court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject.\n\n#### 13K Validation of instruments and decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time (the application time) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law) if the South Australian Energy Retail Legislation had started so to apply; and\n (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 Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law); and\n (b) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but\n (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and\n (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 Australian Energy Regulator 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.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law); and\n (b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and\n (c) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the amendments were enacted; but\n (ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 14 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (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:\n (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;\n (b) any other law, or any other provision of a law, of the Commonwealth, a State or Territory.\n (3) The regulations may modify or adapt any provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth;\n as it applies as a provision of a law of the Commonwealth.","sortOrder":15},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"General","content":"An Act relating to the regulation of energy markets, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Energy Market Act 2004.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

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.

30 June 2004

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.

30 June 2005

\n```\n\n> 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.\n\n (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.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n\n> Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.\n\n> coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:\n\n (a) the territorial sea; and\n (b) the sea that is:\n (i) on the landward side of the territorial sea; and\n (ii) not within the limits of Western Australia.\n For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.\n\n> Commonwealth Minister means the Minister administering this Act.\n\n> Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.\n\n> federal tax‑exempt matter has the meaning given by subsection 13D(2).\n\n> National Electricity (Commonwealth) Law means the provisions applying under section 6.\n\n> National Electricity (Commonwealth) Law and Regulations means:\n\n (a) the National Electricity (Commonwealth) Law; and\n (b) the National Electricity (Commonwealth) Regulations.\n\n> National Electricity (Commonwealth) Regulations means the provisions applying under section 7.\n\n> National Energy Retail Law and Regulations (Commonwealth) means:\n\n (a) the National Energy Retail Law (Commonwealth); and\n (b) the National Energy Retail Regulations (Commonwealth).\n\n> National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.\n\n> National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.\n\n> National Gas (Commonwealth) Law means the provisions applying under section 11A.\n\n> National Gas (Commonwealth) Law and Regulations means:\n\n (a) the National Gas (Commonwealth) Law; and\n (b) the National Gas (Commonwealth) Regulations.\n\n> National Gas (Commonwealth) Regulations means the provisions applying under section 11B.\n\n> natural gas has the same meaning as in the National Gas (Commonwealth) Law.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:\n\n (a) Western Australia; or\n (b) the coastal waters of Western Australia;\n but does not include a pipeline any part of which is situated in another State or in a Territory.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:\n\n (a) the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n> Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.\n\n> prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.\n\n> South Australian Electricity Legislation means:\n\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 4 of that Act.\n The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> South Australian Energy Retail Legislation means:\n\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and\n (b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.\n The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n> South Australian Gas Legislation means:\n\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> State/Territory electricity law means:\n\n (a) the South Australian Electricity Legislation as it applies as a law of South Australia; or\n (b) the South Australian Electricity Legislation as it applies as a law of another State; or\n (c) the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory energy law means:\n\n (a) a State/Territory electricity law; or\n (b) a State/Territory gas law; or\n (c) a State/Territory energy retail law.\n\n> State/Territory energy retail law means:\n\n (a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or\n (b) the South Australian Energy Retail Legislation as it applies as a law of another State; or\n (c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory gas law means:\n\n (a) the South Australian Gas Legislation as it applies as a law of South Australia; or\n (b) the South Australian Gas Legislation as it applies as a law of another State; or\n (c) the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or\n (d) the Western Australian Gas Legislation as it applies as a law of Western Australia.\n\n> State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).\n\n> uniform energy law means:\n\n (a) the South Australian Electricity Legislation; or\n (aa) the South Australian Gas Legislation; or\n (ab) the Western Australian Gas Legislation; or\n (ac) the South Australian Energy Retail Legislation; or\n (b) provisions of a law of a State or Territory that:\n (i) relate to energy; and\n (ii) are prescribed by the regulations for the purposes of this subparagraph;\n being those provisions as in force from time to time.\n\n> Western Australian Gas Legislation means:\n\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 4 Crown to be bound\n\n Each of the following:\n (a) this Act;\n (b) the National Electricity (Commonwealth) Law and Regulations;\n (c) the National Gas (Commonwealth) Law and Regulations;\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;\n (da) the National Energy Retail Law and Regulations (Commonwealth);\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n binds the Crown in each of its capacities.\n\n#### 5 Extra‑territorial operation\n\n It is the intention of the Parliament that the operation of:\n (a) this Act; and\n (b) the National Electricity (Commonwealth) Law and Regulations; and\n (c) the National Gas (Commonwealth) Law and Regulations; and\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n should, as far as possible, include operation in relation to the following:\n (f) things situated in or outside Australia;\n (g) acts, transactions and matters done, entered into or occurring in or outside Australia;\n (h) 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.\n\n> Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).\n\n## Part 2—Application of energy laws as laws of the Commonwealth\n\n### Division 1—Electricity laws\n\n#### 6 Application of National Electricity Law in offshore areas etc.\n\n (1) The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 7 Application of National Electricity Regulations in offshore areas etc.\n\n Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:\n (a) apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Regulations.\n\n#### 9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n\n#### 10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.\n\n#### 11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.\n\n (1) In the National Electricity (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> Legislature of this jurisdiction means the Legislature of the Commonwealth.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n> the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n### Division 2—Gas laws\n\n#### Subdivision A—General\n\n#### 11A Application of National Gas Law in offshore areas, certain Territories etc.\n\n (1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and the Northern Territory; and\n (ii) in the offshore area of Norfolk Island; and\n (iii) in the offshore area of the Territory of Ashmore and Cartier Islands; and\n (iv) in the Territory of Christmas Island; and\n (v) in the offshore area of the Territory of Christmas Island; and\n (vi) in the Territory of Cocos (Keeling) Islands; and\n (vii) in the offshore area of the Territory of Cocos (Keeling) Islands; and\n (viii) in the offshore area of the Territory of Heard Island and McDonald Islands; and\n (ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Law.\n (2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.\n (3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11B Application of National Gas Regulations in offshore areas, certain Territories etc.\n\n (1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia:\n (a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Regulations.\n (2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.\n\n#### 11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.\n\n (1) In the National Gas (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> designated Minister means the Commonwealth Minister.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### Subdivision B—Offshore Western Australian pipelines\n\n#### 11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia\n\n (1) The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time:\n (a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the offshore area of Western Australia; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia\n\n Regulations, as in force from time to time, made under Part 3 of the National Gas Access (WA) Act 2009 of Western Australia:\n (a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n#### 11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.\n\n (1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.\n (2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### 11S Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.\n\n### Division 2A—Energy retail laws\n\n#### 11T Application of National Energy Retail Law in offshore areas etc.\n\n (1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Energy Retail Law (Commonwealth).\n (2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n#### 11U Application of National Energy Retail Regulations in offshore areas etc.\n\n Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:\n (a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and\n (b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth).\n\n#### 11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.\n\n (1) In the National Energy Retail Law and Regulations (Commonwealth):\n\n> National Energy Retail Law or this Law means the National Energy Retail Law (Commonwealth).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).\n (3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n (4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.\n\n### Division 3—Prescribed uniform energy laws\n\n#### 12 Application of other uniform energy laws in offshore areas\n\n A prescribed uniform energy law:\n (a) applies as a law of the Commonwealth in the offshore area of each State and Territory; and\n (b) so applying may be referred to by the name given to it by the regulations.\n\n## Part 3—Miscellaneous\n\n#### 13 Application of the Administrative Decisions (Judicial Review) Act 1977\n\n (1) This section applies in respect of any decision under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth.\n (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.\n\n#### 13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister\n\n (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Competition and Consumer Act 2010.\n\n> Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Competition and Consumer Act 2010.\n\n> Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Competition and Consumer Act 2010.\n\n (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:\n (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or\n (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.\n (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.\n\n#### 13B How duty is imposed\n\n Application\n (1) This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.\n\n State or Territory legislative power sufficient to support duty\n (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:\n (a) imposing the duty is within the legislative powers of the State or Territory concerned; and\n (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n\n> Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).\n\n Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not\n (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.\n (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.\n (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:\n (a) is within the legislative powers of the Commonwealth; and\n (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n (6) Subsections (1) to (5) do not limit section 13A.\n\n#### 13C When a State/Territory energy law imposes a duty\n\n For the purposes of sections 13A and 13B, a State/Territory energy law imposes a duty on the Commonwealth Minister if:\n (a) the law confers a function or power on the Commonwealth Minister; and\n (b) the circumstances in which the function or power is conferred give rise to an obligation on the Commonwealth Minister to perform the function or to exercise the power.\n\n#### 13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.\n\n (1) No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:\n (a) a federal tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax‑exempt matter.\n (2) In this Act:\n\n> federal tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of federal tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13E Exemption from State and Territory taxes\n\n (1) Any stamp duty or other tax imposed by or under a law of a State or Territory is not payable in relation to:\n (a) a State/Territory tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a State/Territory tax‑exempt matter.\n (2) In this Act:\n\n> State/Territory tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister is satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of State/Territory tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13F Legislative instruments\n\n (1) To avoid doubt, an instrument made or having effect under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) a prescribed uniform energy law applied as a law of the Commonwealth;\n is taken not to be, and never to have been, a legislative instrument.\n (2) To avoid doubt, an instrument made or having effect under:\n (a) the National Gas (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Regulations; or\n (c) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (d) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n is taken not to be a legislative instrument.\n (3) To avoid doubt, an instrument made or having effect under:\n (a) the National Energy Retail Law (Commonwealth); or\n (b) the National Energy Retail Regulations (Commonwealth);\n is taken not to be a legislative instrument.\n\n#### 13G Jurisdiction of the Federal Court\n\n (1) The Federal Court is invested with jurisdiction with respect to civil and criminal matters arising under:\n (a) the National Electricity (Commonwealth) Law and Regulations; or\n (b) the National Gas (Commonwealth) Law and Regulations; or\n (c) the National Energy Retail Law and Regulations (Commonwealth).\n (2) If a provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Law; or\n (c) the National Energy Retail Law (Commonwealth);\n whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Federal Court in relation to a matter, that provision is taken to vest the Court with jurisdiction in that matter.\n\n#### 13H Jurisdiction of the Supreme Court of Western Australia\n\n (1) The Supreme Court of Western Australia is invested with jurisdiction with respect to civil and criminal matters arising under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) If a provision of the Offshore Western Australian Pipelines (Commonwealth) Law, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Supreme Court of Western Australia in relation to a matter:\n (a) that provision is taken to vest the Court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the Court may be subject.\n\n#### 13J Jurisdiction of a State or Territory court under a prescribed uniform energy law\n\n (1) The courts of a State or Territory are invested with jurisdiction with respect to civil and criminal matters arising under a prescribed uniform energy law of the State or Territory applied as a law of the Commonwealth.\n (2) If a provision of a prescribed uniform energy law of a State or Territory applied as a law of the Commonwealth, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a court of the State or Territory in relation to a matter:\n (a) that provision is taken to vest the court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject.\n\n#### 13K Validation of instruments and decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time (the application time) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law) if the South Australian Energy Retail Legislation had started so to apply; and\n (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 Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law); and\n (b) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but\n (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and\n (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 Australian Energy Regulator 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.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law); and\n (b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and\n (c) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the amendments were enacted; but\n (ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 14 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (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:\n (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;\n (b) any other law, or any other provision of a law, of the Commonwealth, a State or Territory.\n (3) The regulations may modify or adapt any provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth;\n as it applies as a provision of a law of the Commonwealth.","sortOrder":16},{"sectionNumber":"11A","sectionType":"section","heading":"Application of National Gas Law in offshore areas, certain Territories etc.","content":"#### 11A Application of National Gas Law in offshore areas, certain Territories etc.\n\n (1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and the Northern Territory; and\n (ii) in the offshore area of Norfolk Island; and\n (iii) in the offshore area of the Territory of Ashmore and Cartier Islands; and\n (iv) in the Territory of Christmas Island; and\n (v) in the offshore area of the Territory of Christmas Island; and\n (vi) in the Territory of Cocos (Keeling) Islands; and\n (vii) in the offshore area of the Territory of Cocos (Keeling) Islands; and\n (viii) in the offshore area of the Territory of Heard Island and McDonald Islands; and\n (ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Law.\n (2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.\n (3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.","sortOrder":17},{"sectionNumber":"11B","sectionType":"section","heading":"Application of National Gas Regulations in offshore areas, certain Territories etc.","content":"#### 11B Application of National Gas Regulations in offshore areas, certain Territories etc.\n\n (1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia:\n (a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Regulations.\n (2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.","sortOrder":18},{"sectionNumber":"11C","sectionType":"section","heading":"Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations","content":"#### 11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.","sortOrder":19},{"sectionNumber":"11D","sectionType":"section","heading":"Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations","content":"#### 11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.","sortOrder":20},{"sectionNumber":"11E","sectionType":"section","heading":"Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations","content":"#### 11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.","sortOrder":21},{"sectionNumber":"11F","sectionType":"section","heading":"Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations","content":"#### 11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.","sortOrder":22},{"sectionNumber":"11G","sectionType":"section","heading":"Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations","content":"#### 11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.","sortOrder":23},{"sectionNumber":"11H","sectionType":"section","heading":"Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.","content":"#### 11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.\n\n (1) In the National Gas (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> designated Minister means the Commonwealth Minister.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.","sortOrder":24},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Offshore Western Australian pipelines","content":"An Act relating to the regulation of energy markets, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Energy Market Act 2004.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

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.

30 June 2004

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.

30 June 2005

\n```\n\n> 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.\n\n (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.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n\n> Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.\n\n> coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:\n\n (a) the territorial sea; and\n (b) the sea that is:\n (i) on the landward side of the territorial sea; and\n (ii) not within the limits of Western Australia.\n For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.\n\n> Commonwealth Minister means the Minister administering this Act.\n\n> Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.\n\n> federal tax‑exempt matter has the meaning given by subsection 13D(2).\n\n> National Electricity (Commonwealth) Law means the provisions applying under section 6.\n\n> National Electricity (Commonwealth) Law and Regulations means:\n\n (a) the National Electricity (Commonwealth) Law; and\n (b) the National Electricity (Commonwealth) Regulations.\n\n> National Electricity (Commonwealth) Regulations means the provisions applying under section 7.\n\n> National Energy Retail Law and Regulations (Commonwealth) means:\n\n (a) the National Energy Retail Law (Commonwealth); and\n (b) the National Energy Retail Regulations (Commonwealth).\n\n> National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.\n\n> National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.\n\n> National Gas (Commonwealth) Law means the provisions applying under section 11A.\n\n> National Gas (Commonwealth) Law and Regulations means:\n\n (a) the National Gas (Commonwealth) Law; and\n (b) the National Gas (Commonwealth) Regulations.\n\n> National Gas (Commonwealth) Regulations means the provisions applying under section 11B.\n\n> natural gas has the same meaning as in the National Gas (Commonwealth) Law.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:\n\n (a) Western Australia; or\n (b) the coastal waters of Western Australia;\n but does not include a pipeline any part of which is situated in another State or in a Territory.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:\n\n (a) the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n> Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.\n\n> prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.\n\n> South Australian Electricity Legislation means:\n\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 4 of that Act.\n The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> South Australian Energy Retail Legislation means:\n\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and\n (b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.\n The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n> South Australian Gas Legislation means:\n\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> State/Territory electricity law means:\n\n (a) the South Australian Electricity Legislation as it applies as a law of South Australia; or\n (b) the South Australian Electricity Legislation as it applies as a law of another State; or\n (c) the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory energy law means:\n\n (a) a State/Territory electricity law; or\n (b) a State/Territory gas law; or\n (c) a State/Territory energy retail law.\n\n> State/Territory energy retail law means:\n\n (a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or\n (b) the South Australian Energy Retail Legislation as it applies as a law of another State; or\n (c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory gas law means:\n\n (a) the South Australian Gas Legislation as it applies as a law of South Australia; or\n (b) the South Australian Gas Legislation as it applies as a law of another State; or\n (c) the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or\n (d) the Western Australian Gas Legislation as it applies as a law of Western Australia.\n\n> State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).\n\n> uniform energy law means:\n\n (a) the South Australian Electricity Legislation; or\n (aa) the South Australian Gas Legislation; or\n (ab) the Western Australian Gas Legislation; or\n (ac) the South Australian Energy Retail Legislation; or\n (b) provisions of a law of a State or Territory that:\n (i) relate to energy; and\n (ii) are prescribed by the regulations for the purposes of this subparagraph;\n being those provisions as in force from time to time.\n\n> Western Australian Gas Legislation means:\n\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 4 Crown to be bound\n\n Each of the following:\n (a) this Act;\n (b) the National Electricity (Commonwealth) Law and Regulations;\n (c) the National Gas (Commonwealth) Law and Regulations;\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;\n (da) the National Energy Retail Law and Regulations (Commonwealth);\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n binds the Crown in each of its capacities.\n\n#### 5 Extra‑territorial operation\n\n It is the intention of the Parliament that the operation of:\n (a) this Act; and\n (b) the National Electricity (Commonwealth) Law and Regulations; and\n (c) the National Gas (Commonwealth) Law and Regulations; and\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n should, as far as possible, include operation in relation to the following:\n (f) things situated in or outside Australia;\n (g) acts, transactions and matters done, entered into or occurring in or outside Australia;\n (h) 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.\n\n> Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).\n\n## Part 2—Application of energy laws as laws of the Commonwealth\n\n### Division 1—Electricity laws\n\n#### 6 Application of National Electricity Law in offshore areas etc.\n\n (1) The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 7 Application of National Electricity Regulations in offshore areas etc.\n\n Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:\n (a) apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Regulations.\n\n#### 9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n\n#### 10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.\n\n#### 11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.\n\n (1) In the National Electricity (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> Legislature of this jurisdiction means the Legislature of the Commonwealth.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n> the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n### Division 2—Gas laws\n\n#### Subdivision A—General\n\n#### 11A Application of National Gas Law in offshore areas, certain Territories etc.\n\n (1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and the Northern Territory; and\n (ii) in the offshore area of Norfolk Island; and\n (iii) in the offshore area of the Territory of Ashmore and Cartier Islands; and\n (iv) in the Territory of Christmas Island; and\n (v) in the offshore area of the Territory of Christmas Island; and\n (vi) in the Territory of Cocos (Keeling) Islands; and\n (vii) in the offshore area of the Territory of Cocos (Keeling) Islands; and\n (viii) in the offshore area of the Territory of Heard Island and McDonald Islands; and\n (ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Law.\n (2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.\n (3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11B Application of National Gas Regulations in offshore areas, certain Territories etc.\n\n (1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia:\n (a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Regulations.\n (2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.\n\n#### 11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.\n\n (1) In the National Gas (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> designated Minister means the Commonwealth Minister.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### Subdivision B—Offshore Western Australian pipelines\n\n#### 11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia\n\n (1) The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time:\n (a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the offshore area of Western Australia; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia\n\n Regulations, as in force from time to time, made under Part 3 of the National Gas Access (WA) Act 2009 of Western Australia:\n (a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n#### 11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.\n\n (1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.\n (2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### 11S Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.\n\n### Division 2A—Energy retail laws\n\n#### 11T Application of National Energy Retail Law in offshore areas etc.\n\n (1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Energy Retail Law (Commonwealth).\n (2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n#### 11U Application of National Energy Retail Regulations in offshore areas etc.\n\n Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:\n (a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and\n (b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth).\n\n#### 11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.\n\n (1) In the National Energy Retail Law and Regulations (Commonwealth):\n\n> National Energy Retail Law or this Law means the National Energy Retail Law (Commonwealth).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).\n (3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n (4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.\n\n### Division 3—Prescribed uniform energy laws\n\n#### 12 Application of other uniform energy laws in offshore areas\n\n A prescribed uniform energy law:\n (a) applies as a law of the Commonwealth in the offshore area of each State and Territory; and\n (b) so applying may be referred to by the name given to it by the regulations.\n\n## Part 3—Miscellaneous\n\n#### 13 Application of the Administrative Decisions (Judicial Review) Act 1977\n\n (1) This section applies in respect of any decision under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth.\n (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.\n\n#### 13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister\n\n (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Competition and Consumer Act 2010.\n\n> Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Competition and Consumer Act 2010.\n\n> Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Competition and Consumer Act 2010.\n\n (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:\n (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or\n (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.\n (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.\n\n#### 13B How duty is imposed\n\n Application\n (1) This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.\n\n State or Territory legislative power sufficient to support duty\n (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:\n (a) imposing the duty is within the legislative powers of the State or Territory concerned; and\n (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n\n> Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).\n\n Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not\n (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.\n (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.\n (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:\n (a) is within the legislative powers of the Commonwealth; and\n (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n (6) Subsections (1) to (5) do not limit section 13A.\n\n#### 13C When a State/Territory energy law imposes a duty\n\n For the purposes of sections 13A and 13B, a State/Territory energy law imposes a duty on the Commonwealth Minister if:\n (a) the law confers a function or power on the Commonwealth Minister; and\n (b) the circumstances in which the function or power is conferred give rise to an obligation on the Commonwealth Minister to perform the function or to exercise the power.\n\n#### 13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.\n\n (1) No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:\n (a) a federal tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax‑exempt matter.\n (2) In this Act:\n\n> federal tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of federal tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13E Exemption from State and Territory taxes\n\n (1) Any stamp duty or other tax imposed by or under a law of a State or Territory is not payable in relation to:\n (a) a State/Territory tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a State/Territory tax‑exempt matter.\n (2) In this Act:\n\n> State/Territory tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister is satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of State/Territory tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13F Legislative instruments\n\n (1) To avoid doubt, an instrument made or having effect under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) a prescribed uniform energy law applied as a law of the Commonwealth;\n is taken not to be, and never to have been, a legislative instrument.\n (2) To avoid doubt, an instrument made or having effect under:\n (a) the National Gas (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Regulations; or\n (c) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (d) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n is taken not to be a legislative instrument.\n (3) To avoid doubt, an instrument made or having effect under:\n (a) the National Energy Retail Law (Commonwealth); or\n (b) the National Energy Retail Regulations (Commonwealth);\n is taken not to be a legislative instrument.\n\n#### 13G Jurisdiction of the Federal Court\n\n (1) The Federal Court is invested with jurisdiction with respect to civil and criminal matters arising under:\n (a) the National Electricity (Commonwealth) Law and Regulations; or\n (b) the National Gas (Commonwealth) Law and Regulations; or\n (c) the National Energy Retail Law and Regulations (Commonwealth).\n (2) If a provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Law; or\n (c) the National Energy Retail Law (Commonwealth);\n whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Federal Court in relation to a matter, that provision is taken to vest the Court with jurisdiction in that matter.\n\n#### 13H Jurisdiction of the Supreme Court of Western Australia\n\n (1) The Supreme Court of Western Australia is invested with jurisdiction with respect to civil and criminal matters arising under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) If a provision of the Offshore Western Australian Pipelines (Commonwealth) Law, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Supreme Court of Western Australia in relation to a matter:\n (a) that provision is taken to vest the Court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the Court may be subject.\n\n#### 13J Jurisdiction of a State or Territory court under a prescribed uniform energy law\n\n (1) The courts of a State or Territory are invested with jurisdiction with respect to civil and criminal matters arising under a prescribed uniform energy law of the State or Territory applied as a law of the Commonwealth.\n (2) If a provision of a prescribed uniform energy law of a State or Territory applied as a law of the Commonwealth, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a court of the State or Territory in relation to a matter:\n (a) that provision is taken to vest the court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject.\n\n#### 13K Validation of instruments and decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time (the application time) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law) if the South Australian Energy Retail Legislation had started so to apply; and\n (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 Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law); and\n (b) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but\n (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and\n (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 Australian Energy Regulator 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.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law); and\n (b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and\n (c) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the amendments were enacted; but\n (ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 14 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (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:\n (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;\n (b) any other law, or any other provision of a law, of the Commonwealth, a State or Territory.\n (3) The regulations may modify or adapt any provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth;\n as it applies as a provision of a law of the Commonwealth.","sortOrder":25},{"sectionNumber":"11J","sectionType":"section","heading":"Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia","content":"#### 11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia\n\n (1) The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time:\n (a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the offshore area of Western Australia; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.","sortOrder":26},{"sectionNumber":"11K","sectionType":"section","heading":"Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia","content":"#### 11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia\n\n Regulations, as in force from time to time, made under Part 3 of the National Gas Access (WA) Act 2009 of Western Australia:\n (a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations.","sortOrder":27},{"sectionNumber":"11L","sectionType":"section","heading":"Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations","content":"#### 11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.","sortOrder":28},{"sectionNumber":"11M","sectionType":"section","heading":"Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations","content":"#### 11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.","sortOrder":29},{"sectionNumber":"11N","sectionType":"section","heading":"Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations","content":"#### 11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.","sortOrder":30},{"sectionNumber":"11P","sectionType":"section","heading":"Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations","content":"#### 11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.","sortOrder":31},{"sectionNumber":"11Q","sectionType":"section","heading":"Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations","content":"#### 11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.","sortOrder":32},{"sectionNumber":"11R","sectionType":"section","heading":"Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.","content":"#### 11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.\n\n (1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.\n (2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) includes a reference to any Rules or other instruments made or having effect under that Law.","sortOrder":33},{"sectionNumber":"11S","sectionType":"section","heading":"Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations","content":"#### 11S Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.","sortOrder":34},{"sectionNumber":"Division 2A","sectionType":"division","heading":"Energy retail laws","content":"An Act relating to the regulation of energy markets, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Energy Market Act 2004.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

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.

30 June 2004

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.

30 June 2005

\n```\n\n> 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.\n\n (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.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n\n> Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.\n\n> coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:\n\n (a) the territorial sea; and\n (b) the sea that is:\n (i) on the landward side of the territorial sea; and\n (ii) not within the limits of Western Australia.\n For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.\n\n> Commonwealth Minister means the Minister administering this Act.\n\n> Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.\n\n> federal tax‑exempt matter has the meaning given by subsection 13D(2).\n\n> National Electricity (Commonwealth) Law means the provisions applying under section 6.\n\n> National Electricity (Commonwealth) Law and Regulations means:\n\n (a) the National Electricity (Commonwealth) Law; and\n (b) the National Electricity (Commonwealth) Regulations.\n\n> National Electricity (Commonwealth) Regulations means the provisions applying under section 7.\n\n> National Energy Retail Law and Regulations (Commonwealth) means:\n\n (a) the National Energy Retail Law (Commonwealth); and\n (b) the National Energy Retail Regulations (Commonwealth).\n\n> National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.\n\n> National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.\n\n> National Gas (Commonwealth) Law means the provisions applying under section 11A.\n\n> National Gas (Commonwealth) Law and Regulations means:\n\n (a) the National Gas (Commonwealth) Law; and\n (b) the National Gas (Commonwealth) Regulations.\n\n> National Gas (Commonwealth) Regulations means the provisions applying under section 11B.\n\n> natural gas has the same meaning as in the National Gas (Commonwealth) Law.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:\n\n (a) Western Australia; or\n (b) the coastal waters of Western Australia;\n but does not include a pipeline any part of which is situated in another State or in a Territory.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:\n\n (a) the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n> Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.\n\n> prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.\n\n> South Australian Electricity Legislation means:\n\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 4 of that Act.\n The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> South Australian Energy Retail Legislation means:\n\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and\n (b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.\n The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n> South Australian Gas Legislation means:\n\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> State/Territory electricity law means:\n\n (a) the South Australian Electricity Legislation as it applies as a law of South Australia; or\n (b) the South Australian Electricity Legislation as it applies as a law of another State; or\n (c) the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory energy law means:\n\n (a) a State/Territory electricity law; or\n (b) a State/Territory gas law; or\n (c) a State/Territory energy retail law.\n\n> State/Territory energy retail law means:\n\n (a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or\n (b) the South Australian Energy Retail Legislation as it applies as a law of another State; or\n (c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory gas law means:\n\n (a) the South Australian Gas Legislation as it applies as a law of South Australia; or\n (b) the South Australian Gas Legislation as it applies as a law of another State; or\n (c) the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or\n (d) the Western Australian Gas Legislation as it applies as a law of Western Australia.\n\n> State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).\n\n> uniform energy law means:\n\n (a) the South Australian Electricity Legislation; or\n (aa) the South Australian Gas Legislation; or\n (ab) the Western Australian Gas Legislation; or\n (ac) the South Australian Energy Retail Legislation; or\n (b) provisions of a law of a State or Territory that:\n (i) relate to energy; and\n (ii) are prescribed by the regulations for the purposes of this subparagraph;\n being those provisions as in force from time to time.\n\n> Western Australian Gas Legislation means:\n\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 4 Crown to be bound\n\n Each of the following:\n (a) this Act;\n (b) the National Electricity (Commonwealth) Law and Regulations;\n (c) the National Gas (Commonwealth) Law and Regulations;\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;\n (da) the National Energy Retail Law and Regulations (Commonwealth);\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n binds the Crown in each of its capacities.\n\n#### 5 Extra‑territorial operation\n\n It is the intention of the Parliament that the operation of:\n (a) this Act; and\n (b) the National Electricity (Commonwealth) Law and Regulations; and\n (c) the National Gas (Commonwealth) Law and Regulations; and\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n should, as far as possible, include operation in relation to the following:\n (f) things situated in or outside Australia;\n (g) acts, transactions and matters done, entered into or occurring in or outside Australia;\n (h) 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.\n\n> Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).\n\n## Part 2—Application of energy laws as laws of the Commonwealth\n\n### Division 1—Electricity laws\n\n#### 6 Application of National Electricity Law in offshore areas etc.\n\n (1) The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 7 Application of National Electricity Regulations in offshore areas etc.\n\n Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:\n (a) apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Regulations.\n\n#### 9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n\n#### 10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.\n\n#### 11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.\n\n (1) In the National Electricity (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> Legislature of this jurisdiction means the Legislature of the Commonwealth.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n> the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n### Division 2—Gas laws\n\n#### Subdivision A—General\n\n#### 11A Application of National Gas Law in offshore areas, certain Territories etc.\n\n (1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and the Northern Territory; and\n (ii) in the offshore area of Norfolk Island; and\n (iii) in the offshore area of the Territory of Ashmore and Cartier Islands; and\n (iv) in the Territory of Christmas Island; and\n (v) in the offshore area of the Territory of Christmas Island; and\n (vi) in the Territory of Cocos (Keeling) Islands; and\n (vii) in the offshore area of the Territory of Cocos (Keeling) Islands; and\n (viii) in the offshore area of the Territory of Heard Island and McDonald Islands; and\n (ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Law.\n (2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.\n (3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11B Application of National Gas Regulations in offshore areas, certain Territories etc.\n\n (1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia:\n (a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Regulations.\n (2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.\n\n#### 11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.\n\n (1) In the National Gas (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> designated Minister means the Commonwealth Minister.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### Subdivision B—Offshore Western Australian pipelines\n\n#### 11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia\n\n (1) The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time:\n (a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the offshore area of Western Australia; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia\n\n Regulations, as in force from time to time, made under Part 3 of the National Gas Access (WA) Act 2009 of Western Australia:\n (a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n#### 11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.\n\n (1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.\n (2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### 11S Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.\n\n### Division 2A—Energy retail laws\n\n#### 11T Application of National Energy Retail Law in offshore areas etc.\n\n (1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Energy Retail Law (Commonwealth).\n (2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n#### 11U Application of National Energy Retail Regulations in offshore areas etc.\n\n Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:\n (a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and\n (b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth).\n\n#### 11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.\n\n (1) In the National Energy Retail Law and Regulations (Commonwealth):\n\n> National Energy Retail Law or this Law means the National Energy Retail Law (Commonwealth).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).\n (3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n (4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.\n\n### Division 3—Prescribed uniform energy laws\n\n#### 12 Application of other uniform energy laws in offshore areas\n\n A prescribed uniform energy law:\n (a) applies as a law of the Commonwealth in the offshore area of each State and Territory; and\n (b) so applying may be referred to by the name given to it by the regulations.\n\n## Part 3—Miscellaneous\n\n#### 13 Application of the Administrative Decisions (Judicial Review) Act 1977\n\n (1) This section applies in respect of any decision under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth.\n (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.\n\n#### 13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister\n\n (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Competition and Consumer Act 2010.\n\n> Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Competition and Consumer Act 2010.\n\n> Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Competition and Consumer Act 2010.\n\n (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:\n (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or\n (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.\n (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.\n\n#### 13B How duty is imposed\n\n Application\n (1) This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.\n\n State or Territory legislative power sufficient to support duty\n (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:\n (a) imposing the duty is within the legislative powers of the State or Territory concerned; and\n (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n\n> Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).\n\n Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not\n (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.\n (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.\n (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:\n (a) is within the legislative powers of the Commonwealth; and\n (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n (6) Subsections (1) to (5) do not limit section 13A.\n\n#### 13C When a State/Territory energy law imposes a duty\n\n For the purposes of sections 13A and 13B, a State/Territory energy law imposes a duty on the Commonwealth Minister if:\n (a) the law confers a function or power on the Commonwealth Minister; and\n (b) the circumstances in which the function or power is conferred give rise to an obligation on the Commonwealth Minister to perform the function or to exercise the power.\n\n#### 13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.\n\n (1) No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:\n (a) a federal tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax‑exempt matter.\n (2) In this Act:\n\n> federal tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of federal tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13E Exemption from State and Territory taxes\n\n (1) Any stamp duty or other tax imposed by or under a law of a State or Territory is not payable in relation to:\n (a) a State/Territory tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a State/Territory tax‑exempt matter.\n (2) In this Act:\n\n> State/Territory tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister is satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of State/Territory tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13F Legislative instruments\n\n (1) To avoid doubt, an instrument made or having effect under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) a prescribed uniform energy law applied as a law of the Commonwealth;\n is taken not to be, and never to have been, a legislative instrument.\n (2) To avoid doubt, an instrument made or having effect under:\n (a) the National Gas (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Regulations; or\n (c) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (d) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n is taken not to be a legislative instrument.\n (3) To avoid doubt, an instrument made or having effect under:\n (a) the National Energy Retail Law (Commonwealth); or\n (b) the National Energy Retail Regulations (Commonwealth);\n is taken not to be a legislative instrument.\n\n#### 13G Jurisdiction of the Federal Court\n\n (1) The Federal Court is invested with jurisdiction with respect to civil and criminal matters arising under:\n (a) the National Electricity (Commonwealth) Law and Regulations; or\n (b) the National Gas (Commonwealth) Law and Regulations; or\n (c) the National Energy Retail Law and Regulations (Commonwealth).\n (2) If a provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Law; or\n (c) the National Energy Retail Law (Commonwealth);\n whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Federal Court in relation to a matter, that provision is taken to vest the Court with jurisdiction in that matter.\n\n#### 13H Jurisdiction of the Supreme Court of Western Australia\n\n (1) The Supreme Court of Western Australia is invested with jurisdiction with respect to civil and criminal matters arising under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) If a provision of the Offshore Western Australian Pipelines (Commonwealth) Law, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Supreme Court of Western Australia in relation to a matter:\n (a) that provision is taken to vest the Court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the Court may be subject.\n\n#### 13J Jurisdiction of a State or Territory court under a prescribed uniform energy law\n\n (1) The courts of a State or Territory are invested with jurisdiction with respect to civil and criminal matters arising under a prescribed uniform energy law of the State or Territory applied as a law of the Commonwealth.\n (2) If a provision of a prescribed uniform energy law of a State or Territory applied as a law of the Commonwealth, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a court of the State or Territory in relation to a matter:\n (a) that provision is taken to vest the court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject.\n\n#### 13K Validation of instruments and decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time (the application time) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law) if the South Australian Energy Retail Legislation had started so to apply; and\n (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 Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law); and\n (b) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but\n (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and\n (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 Australian Energy Regulator 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.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law); and\n (b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and\n (c) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the amendments were enacted; but\n (ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 14 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (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:\n (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;\n (b) any other law, or any other provision of a law, of the Commonwealth, a State or Territory.\n (3) The regulations may modify or adapt any provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth;\n as it applies as a provision of a law of the Commonwealth.","sortOrder":35},{"sectionNumber":"11T","sectionType":"section","heading":"Application of National Energy Retail Law in offshore areas etc.","content":"#### 11T Application of National Energy Retail Law in offshore areas etc.\n\n (1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Energy Retail Law (Commonwealth).\n (2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.","sortOrder":36},{"sectionNumber":"11U","sectionType":"section","heading":"Application of National Energy Retail Regulations in offshore areas etc.","content":"#### 11U Application of National Energy Retail Regulations in offshore areas etc.\n\n Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:\n (a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and\n (b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth).","sortOrder":37},{"sectionNumber":"11V","sectionType":"section","heading":"Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)","content":"#### 11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).","sortOrder":38},{"sectionNumber":"11W","sectionType":"section","heading":"Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)","content":"#### 11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).","sortOrder":39},{"sectionNumber":"11X","sectionType":"section","heading":"Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)","content":"#### 11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).","sortOrder":40},{"sectionNumber":"11Y","sectionType":"section","heading":"Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)","content":"#### 11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).","sortOrder":41},{"sectionNumber":"11Z","sectionType":"section","heading":"Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.","content":"#### 11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.\n\n (1) In the National Energy Retail Law and Regulations (Commonwealth):\n\n> National Energy Retail Law or this Law means the National Energy Retail Law (Commonwealth).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).\n (3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n (4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.","sortOrder":42},{"sectionNumber":"Division 3","sectionType":"division","heading":"Prescribed uniform energy laws","content":"An Act relating to the regulation of energy markets, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Australian Energy Market Act 2004.\n\n#### 2 Commencement\n\n (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.\n\n```html\n

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.

30 June 2004

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.

30 June 2005

\n```\n\n> 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.\n\n (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.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n\n> Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.\n\n> coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:\n\n (a) the territorial sea; and\n (b) the sea that is:\n (i) on the landward side of the territorial sea; and\n (ii) not within the limits of Western Australia.\n For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.\n\n> Commonwealth Minister means the Minister administering this Act.\n\n> Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.\n\n> federal tax‑exempt matter has the meaning given by subsection 13D(2).\n\n> National Electricity (Commonwealth) Law means the provisions applying under section 6.\n\n> National Electricity (Commonwealth) Law and Regulations means:\n\n (a) the National Electricity (Commonwealth) Law; and\n (b) the National Electricity (Commonwealth) Regulations.\n\n> National Electricity (Commonwealth) Regulations means the provisions applying under section 7.\n\n> National Energy Retail Law and Regulations (Commonwealth) means:\n\n (a) the National Energy Retail Law (Commonwealth); and\n (b) the National Energy Retail Regulations (Commonwealth).\n\n> National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.\n\n> National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.\n\n> National Gas (Commonwealth) Law means the provisions applying under section 11A.\n\n> National Gas (Commonwealth) Law and Regulations means:\n\n (a) the National Gas (Commonwealth) Law; and\n (b) the National Gas (Commonwealth) Regulations.\n\n> National Gas (Commonwealth) Regulations means the provisions applying under section 11B.\n\n> natural gas has the same meaning as in the National Gas (Commonwealth) Law.\n\n> offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.\n\n> offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:\n\n (a) Western Australia; or\n (b) the coastal waters of Western Australia;\n but does not include a pipeline any part of which is situated in another State or in a Territory.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.\n\n> Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:\n\n (a) the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n> Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.\n\n> prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.\n\n> South Australian Electricity Legislation means:\n\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 4 of that Act.\n The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> South Australian Energy Retail Legislation means:\n\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and\n (b) any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.\n The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n> South Australian Gas Legislation means:\n\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n> State/Territory electricity law means:\n\n (a) the South Australian Electricity Legislation as it applies as a law of South Australia; or\n (b) the South Australian Electricity Legislation as it applies as a law of another State; or\n (c) the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory energy law means:\n\n (a) a State/Territory electricity law; or\n (b) a State/Territory gas law; or\n (c) a State/Territory energy retail law.\n\n> State/Territory energy retail law means:\n\n (a) the South Australian Energy Retail Legislation as it applies as a law of South Australia; or\n (b) the South Australian Energy Retail Legislation as it applies as a law of another State; or\n (c) the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.\n\n> State/Territory gas law means:\n\n (a) the South Australian Gas Legislation as it applies as a law of South Australia; or\n (b) the South Australian Gas Legislation as it applies as a law of another State; or\n (c) the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or\n (d) the Western Australian Gas Legislation as it applies as a law of Western Australia.\n\n> State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).\n\n> uniform energy law means:\n\n (a) the South Australian Electricity Legislation; or\n (aa) the South Australian Gas Legislation; or\n (ab) the Western Australian Gas Legislation; or\n (ac) the South Australian Energy Retail Legislation; or\n (b) provisions of a law of a State or Territory that:\n (i) relate to energy; and\n (ii) are prescribed by the regulations for the purposes of this subparagraph;\n being those provisions as in force from time to time.\n\n> Western Australian Gas Legislation means:\n\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and\n (b) any regulations, as in force from time to time, made under Part 3 of that Act.\n The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 4 Crown to be bound\n\n Each of the following:\n (a) this Act;\n (b) the National Electricity (Commonwealth) Law and Regulations;\n (c) the National Gas (Commonwealth) Law and Regulations;\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;\n (da) the National Energy Retail Law and Regulations (Commonwealth);\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n binds the Crown in each of its capacities.\n\n#### 5 Extra‑territorial operation\n\n It is the intention of the Parliament that the operation of:\n (a) this Act; and\n (b) the National Electricity (Commonwealth) Law and Regulations; and\n (c) the National Gas (Commonwealth) Law and Regulations; and\n (d) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and\n (e) a prescribed uniform energy law applied as a law of the Commonwealth;\n should, as far as possible, include operation in relation to the following:\n (f) things situated in or outside Australia;\n (g) acts, transactions and matters done, entered into or occurring in or outside Australia;\n (h) 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.\n\n> Note: Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).\n\n## Part 2—Application of energy laws as laws of the Commonwealth\n\n### Division 1—Electricity laws\n\n#### 6 Application of National Electricity Law in offshore areas etc.\n\n (1) The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 7 Application of National Electricity Regulations in offshore areas etc.\n\n Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:\n (a) apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and\n (b) so applying may be referred to as the National Electricity (Commonwealth) Regulations.\n\n#### 9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n (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 and Regulations.\n\n#### 10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.\n\n#### 10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.\n\n#### 11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.\n\n (1) In the National Electricity (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> Legislature of this jurisdiction means the Legislature of the Commonwealth.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n> the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n### Division 2—Gas laws\n\n#### Subdivision A—General\n\n#### 11A Application of National Gas Law in offshore areas, certain Territories etc.\n\n (1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and the Northern Territory; and\n (ii) in the offshore area of Norfolk Island; and\n (iii) in the offshore area of the Territory of Ashmore and Cartier Islands; and\n (iv) in the Territory of Christmas Island; and\n (v) in the offshore area of the Territory of Christmas Island; and\n (vi) in the Territory of Cocos (Keeling) Islands; and\n (vii) in the offshore area of the Territory of Cocos (Keeling) Islands; and\n (viii) in the offshore area of the Territory of Heard Island and McDonald Islands; and\n (ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Law.\n (2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.\n (3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11B Application of National Gas Regulations in offshore areas, certain Territories etc.\n\n (1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia:\n (a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and\n (b) so applying may be referred to as the National Gas (Commonwealth) Regulations.\n (2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.\n\n#### 11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.\n\n#### 11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.\n\n#### 11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.\n\n (1) In the National Gas (Commonwealth) Law and Regulations:\n\n> Court means the Federal Court of Australia.\n\n> designated Minister means the Commonwealth Minister.\n\n> magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### Subdivision B—Offshore Western Australian pipelines\n\n#### 11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia\n\n (1) The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time:\n (a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the offshore area of Western Australia; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law.\n (2) The reference in subsection (1) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.\n\n#### 11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia\n\n Regulations, as in force from time to time, made under Part 3 of the National Gas Access (WA) Act 2009 of Western Australia:\n (a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and\n (b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations.\n\n#### 11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n\n#### 11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.\n\n (1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.\n (2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:\n (a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) applied as a law of the Commonwealth; or\n (b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.\n (3) The reference in paragraph (2)(a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) includes a reference to any Rules or other instruments made or having effect under that Law.\n\n#### 11S Inter‑governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations\n\n (1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.\n\n### Division 2A—Energy retail laws\n\n#### 11T Application of National Energy Retail Law in offshore areas etc.\n\n (1) The National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time:\n (a) applies as a law of the Commonwealth:\n (i) in the offshore area of each State and Territory; and\n (ii) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and\n (b) so applying may be referred to as the National Energy Retail Law (Commonwealth).\n (2) The reference in subsection (1) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.\n\n#### 11U Application of National Energy Retail Regulations in offshore areas etc.\n\n Regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia:\n (a) apply as regulations in force for the purposes of the National Energy Retail Law (Commonwealth); and\n (b) so applying may be referred to as the National Energy Retail Regulations (Commonwealth).\n\n#### 11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Australian Energy Regulator has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)\n\n The Australian Competition Tribunal has the functions and powers conferred on it under the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)\n\n (1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Energy Retail Law and Regulations (Commonwealth).\n (2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Energy Retail Law and Regulations (Commonwealth).\n\n#### 11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.\n\n (1) In the National Energy Retail Law and Regulations (Commonwealth):\n\n> National Energy Retail Law or this Law means the National Energy Retail Law (Commonwealth).\n\n> the jurisdiction or this jurisdiction means the Commonwealth.\n\n (2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:\n (a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia applied as a law of the Commonwealth; or\n (b) any regulations made under Part 11 of the National Energy Retail Law applied as regulations for the purposes of the National Energy Retail Law (Commonwealth).\n (3) The reference in paragraph (2)(a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.\n (4) Nothing in section 17 of the National Energy Retail Law (Commonwealth) has effect in relation to the sale and supply of energy outside the territorial limits of all the participating jurisdictions for the purposes of that Law.\n\n### Division 3—Prescribed uniform energy laws\n\n#### 12 Application of other uniform energy laws in offshore areas\n\n A prescribed uniform energy law:\n (a) applies as a law of the Commonwealth in the offshore area of each State and Territory; and\n (b) so applying may be referred to by the name given to it by the regulations.\n\n## Part 3—Miscellaneous\n\n#### 13 Application of the Administrative Decisions (Judicial Review) Act 1977\n\n (1) This section applies in respect of any decision under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth.\n (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.\n\n#### 13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister\n\n (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Competition and Consumer Act 2010.\n\n> Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Competition and Consumer Act 2010.\n\n> Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Competition and Consumer Act 2010.\n\n (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:\n (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or\n (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.\n (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.\n\n#### 13B How duty is imposed\n\n Application\n (1) This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.\n\n State or Territory legislative power sufficient to support duty\n (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:\n (a) imposing the duty is within the legislative powers of the State or Territory concerned; and\n (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n\n> Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).\n\n Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not\n (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.\n (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.\n (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:\n (a) is within the legislative powers of the Commonwealth; and\n (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n (6) Subsections (1) to (5) do not limit section 13A.\n\n#### 13C When a State/Territory energy law imposes a duty\n\n For the purposes of sections 13A and 13B, a State/Territory energy law imposes a duty on the Commonwealth Minister if:\n (a) the law confers a function or power on the Commonwealth Minister; and\n (b) the circumstances in which the function or power is conferred give rise to an obligation on the Commonwealth Minister to perform the function or to exercise the power.\n\n#### 13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.\n\n (1) No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:\n (a) a federal tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax‑exempt matter.\n (2) In this Act:\n\n> federal tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of federal tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13E Exemption from State and Territory taxes\n\n (1) Any stamp duty or other tax imposed by or under a law of a State or Territory is not payable in relation to:\n (a) a State/Territory tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a State/Territory tax‑exempt matter.\n (2) In this Act:\n\n> State/Territory tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister is satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of State/Territory tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.\n\n#### 13F Legislative instruments\n\n (1) To avoid doubt, an instrument made or having effect under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) a prescribed uniform energy law applied as a law of the Commonwealth;\n is taken not to be, and never to have been, a legislative instrument.\n (2) To avoid doubt, an instrument made or having effect under:\n (a) the National Gas (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Regulations; or\n (c) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (d) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n is taken not to be a legislative instrument.\n (3) To avoid doubt, an instrument made or having effect under:\n (a) the National Energy Retail Law (Commonwealth); or\n (b) the National Energy Retail Regulations (Commonwealth);\n is taken not to be a legislative instrument.\n\n#### 13G Jurisdiction of the Federal Court\n\n (1) The Federal Court is invested with jurisdiction with respect to civil and criminal matters arising under:\n (a) the National Electricity (Commonwealth) Law and Regulations; or\n (b) the National Gas (Commonwealth) Law and Regulations; or\n (c) the National Energy Retail Law and Regulations (Commonwealth).\n (2) If a provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Law; or\n (c) the National Energy Retail Law (Commonwealth);\n whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Federal Court in relation to a matter, that provision is taken to vest the Court with jurisdiction in that matter.\n\n#### 13H Jurisdiction of the Supreme Court of Western Australia\n\n (1) The Supreme Court of Western Australia is invested with jurisdiction with respect to civil and criminal matters arising under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) If a provision of the Offshore Western Australian Pipelines (Commonwealth) Law, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Supreme Court of Western Australia in relation to a matter:\n (a) that provision is taken to vest the Court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the Court may be subject.\n\n#### 13J Jurisdiction of a State or Territory court under a prescribed uniform energy law\n\n (1) The courts of a State or Territory are invested with jurisdiction with respect to civil and criminal matters arising under a prescribed uniform energy law of the State or Territory applied as a law of the Commonwealth.\n (2) If a provision of a prescribed uniform energy law of a State or Territory applied as a law of the Commonwealth, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a court of the State or Territory in relation to a matter:\n (a) that provision is taken to vest the court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject.\n\n#### 13K Validation of instruments and decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time (the application time) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law) if the South Australian Energy Retail Legislation had started so to apply; and\n (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 Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law); and\n (b) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but\n (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and\n (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 Australian Energy Regulator 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.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.\n\n#### 13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law); and\n (b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and\n (c) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the amendments were enacted; but\n (ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.\n\n#### 14 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (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:\n (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;\n (b) any other law, or any other provision of a law, of the Commonwealth, a State or Territory.\n (3) The regulations may modify or adapt any provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth;\n as it applies as a provision of a law of the Commonwealth.","sortOrder":43},{"sectionNumber":"12","sectionType":"section","heading":"Application of other uniform energy laws in offshore areas","content":"#### 12 Application of other uniform energy laws in offshore areas\n\n A prescribed uniform energy law:\n (a) applies as a law of the Commonwealth in the offshore area of each State and Territory; and\n (b) so applying may be referred to by the name given to it by the regulations.","sortOrder":44},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":45},{"sectionNumber":"13","sectionType":"section","heading":"Application of the Administrative Decisions (Judicial Review) Act 1977","content":"#### 13 Application of the Administrative Decisions (Judicial Review) Act 1977\n\n (1) This section applies in respect of any decision under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth.\n (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.","sortOrder":46},{"sectionNumber":"13A","sectionType":"section","heading":"Commonwealth consent to conferral of functions etc. on Commonwealth Minister","content":"#### 13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister\n\n (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Competition and Consumer Act 2010.\n\n> Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Competition and Consumer Act 2010.\n\n> Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Competition and Consumer Act 2010.\n\n (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:\n (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or\n (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.\n (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.","sortOrder":47},{"sectionNumber":"13B","sectionType":"section","heading":"How duty is imposed","content":"#### 13B How duty is imposed\n\n Application\n (1) This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.\n\n> Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.\n\n> Note 2: Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.\n\n State or Territory legislative power sufficient to support duty\n (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:\n (a) imposing the duty is within the legislative powers of the State or Territory concerned; and\n (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n\n> Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).\n\n Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not\n (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.\n (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.\n (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:\n (a) is within the legislative powers of the Commonwealth; and\n (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.\n (6) Subsections (1) to (5) do not limit section 13A.","sortOrder":48},{"sectionNumber":"13C","sectionType":"section","heading":"When a State/Territory energy law imposes a duty","content":"#### 13C When a State/Territory energy law imposes a duty\n\n For the purposes of sections 13A and 13B, a State/Territory energy law imposes a duty on the Commonwealth Minister if:\n (a) the law confers a function or power on the Commonwealth Minister; and\n (b) the circumstances in which the function or power is conferred give rise to an obligation on the Commonwealth Minister to perform the function or to exercise the power.","sortOrder":49},{"sectionNumber":"13D","sectionType":"section","heading":"No Commonwealth tax consequences for certain transfers of assets and liabilities etc.","content":"#### 13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.\n\n (1) No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:\n (a) a federal tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax‑exempt matter.\n (2) In this Act:\n\n> federal tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) a State/Territory gas law; or\n (ii) the National Gas (Commonwealth) Law; or\n (iii) the National Gas (Commonwealth) Regulations; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (v) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of federal tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.","sortOrder":50},{"sectionNumber":"13E","sectionType":"section","heading":"Exemption from State and Territory taxes","content":"#### 13E Exemption from State and Territory taxes\n\n (1) Any stamp duty or other tax imposed by or under a law of a State or Territory is not payable in relation to:\n (a) a State/Territory tax‑exempt matter; or\n (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a State/Territory tax‑exempt matter.\n (2) In this Act:\n\n> State/Territory tax‑exempt matter means a transfer of assets or liabilities that the Commonwealth Minister is satisfied is made:\n\n (a) for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (b) for the purpose of the separation of certain activities from other activities of a person as required by:\n (i) the National Gas (Commonwealth) Law; or\n (ii) the National Gas (Commonwealth) Regulations; or\n (iii) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (iv) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n and for no other purpose.\n (3) In paragraph (a) of the definition of State/Territory tax‑exempt matter in subsection (2), natural gas has the same meaning as in the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.","sortOrder":51},{"sectionNumber":"13F","sectionType":"section","heading":"Legislative instruments","content":"#### 13F Legislative instruments\n\n (1) To avoid doubt, an instrument made or having effect under:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) a prescribed uniform energy law applied as a law of the Commonwealth;\n is taken not to be, and never to have been, a legislative instrument.\n (2) To avoid doubt, an instrument made or having effect under:\n (a) the National Gas (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Regulations; or\n (c) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (d) the Offshore Western Australian Pipelines (Commonwealth) Regulations;\n is taken not to be a legislative instrument.\n (3) To avoid doubt, an instrument made or having effect under:\n (a) the National Energy Retail Law (Commonwealth); or\n (b) the National Energy Retail Regulations (Commonwealth);\n is taken not to be a legislative instrument.","sortOrder":52},{"sectionNumber":"13G","sectionType":"section","heading":"Jurisdiction of the Federal Court","content":"#### 13G Jurisdiction of the Federal Court\n\n (1) The Federal Court is invested with jurisdiction with respect to civil and criminal matters arising under:\n (a) the National Electricity (Commonwealth) Law and Regulations; or\n (b) the National Gas (Commonwealth) Law and Regulations; or\n (c) the National Energy Retail Law and Regulations (Commonwealth).\n (2) If a provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Gas (Commonwealth) Law; or\n (c) the National Energy Retail Law (Commonwealth);\n whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Federal Court in relation to a matter, that provision is taken to vest the Court with jurisdiction in that matter.","sortOrder":53},{"sectionNumber":"13H","sectionType":"section","heading":"Jurisdiction of the Supreme Court of Western Australia","content":"#### 13H Jurisdiction of the Supreme Court of Western Australia\n\n (1) The Supreme Court of Western Australia is invested with jurisdiction with respect to civil and criminal matters arising under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.\n (2) If a provision of the Offshore Western Australian Pipelines (Commonwealth) Law, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in the Supreme Court of Western Australia in relation to a matter:\n (a) that provision is taken to vest the Court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the Court may be subject.","sortOrder":54},{"sectionNumber":"13J","sectionType":"section","heading":"Jurisdiction of a State or Territory court under a prescribed uniform energy law","content":"#### 13J Jurisdiction of a State or Territory court under a prescribed uniform energy law\n\n (1) The courts of a State or Territory are invested with jurisdiction with respect to civil and criminal matters arising under a prescribed uniform energy law of the State or Territory applied as a law of the Commonwealth.\n (2) If a provision of a prescribed uniform energy law of a State or Territory applied as a law of the Commonwealth, whether expressly or by implication, authorises a civil or criminal proceeding to be instituted in a court of the State or Territory in relation to a matter:\n (a) that provision is taken to vest the court with jurisdiction in that matter; and\n (b) the jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court may be subject.","sortOrder":55},{"sectionNumber":"13K","sectionType":"section","heading":"Validation of instruments and decisions of Australian Energy Regulator—energy retail laws","content":"#### 13K Validation of instruments and decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time (the application time) that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Energy Retail Law and Regulations (Commonwealth) (the authorising law) if the South Australian Energy Retail Legislation had started so to apply; and\n (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 Australian Energy Regulator has done anything that would, if the South Australian Energy Retail Legislation had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.","sortOrder":56},{"sectionNumber":"13L","sectionType":"section","heading":"Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws","content":"#### 13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—energy retail laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law and Regulations (Commonwealth) (the authorising law); and\n (b) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but\n (ii) before the time that the South Australian Energy Retail Legislation first started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.","sortOrder":57},{"sectionNumber":"13M","sectionType":"section","heading":"Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws","content":"#### 13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies to an instrument or a decision made by the Australian Energy Regulator if:\n (a) the instrument or decision was made:\n (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but\n (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and\n (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and\n (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 Australian Energy Regulator 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.\n (2) For the purposes of the authorising law:\n (a) the instrument or decision is taken to be valid; and\n (b) the instrument or decision has effect from the application time:\n (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n (ii) subject to that law as so applying.\n (3) For the purposes of this section:\n (a) guidelines are an example of an instrument; and\n (b) the following are examples of decisions:\n (i) appointments;\n (ii) determinations;\n (iii) approvals.","sortOrder":58},{"sectionNumber":"13N","sectionType":"section","heading":"Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws","content":"#### 13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator—electricity and gas laws\n\n (1) This section applies if:\n (a) the Australian Energy Regulator is required to do something (a preparatory step) before making a decision or making an instrument under the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law); and\n (b) the preparatory step would have been required under the authorising law if the amendments of South Australian Electricity Legislation or the South Australian Gas Legislation made by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia had started to apply under this Act as a law of the Commonwealth; and\n (c) the Australian Energy Regulator takes the preparatory step:\n (i) on or after the time that the amendments were enacted; but\n (ii) before the time that the amendments started to apply under this Act as a law of the Commonwealth.\n (2) For the purposes of the authorising law, the Australian Energy Regulator is taken to have complied with the requirement to take the preparatory step.","sortOrder":59},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"#### 14 Regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n (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:\n (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;\n (b) any other law, or any other provision of a law, of the Commonwealth, a State or Territory.\n (3) The regulations may modify or adapt any provision of:\n (a) the National Electricity (Commonwealth) Law; or\n (b) the National Electricity (Commonwealth) Regulations; or\n (c) the National Gas (Commonwealth) Law; or\n (ca) the National Gas (Commonwealth) Regulations; or\n (cb) the Offshore Western Australian Pipelines (Commonwealth) Law; or\n (cc) the Offshore Western Australian Pipelines (Commonwealth) Regulations; or\n (cd) the National Energy Retail Law (Commonwealth); or\n (ce) the National Energy Retail Regulations (Commonwealth); or\n (d) a prescribed uniform energy law applied as a law of the Commonwealth;\n as it applies as a provision of a law of the Commonwealth.","sortOrder":60}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act’s scope, as set out in the text, is to apply specified South Australian and Western Australian energy laws as Commonwealth law in offshore areas and other prescribed places, allocate functions to national and State bodies, and provide supporting fiscal, jurisdictional and validation measures. Nothing in the Act’s text indicates a different or expanded scope from that stated purpose; special exclusions (notably for offshore WA pipelines under the National Gas (Commonwealth) Law) and reliance on regulations to prescribe additional places/circumstances are explicit within the Act."},"complexity_factors":["Extensive cross‑references to multiple State Acts and schedules (many definitions in s 3 referencing SA and WA laws).","Applies several distinct State laws as Commonwealth law (National Electricity, National Gas, National Energy Retail, WA National Gas Access) across different places and contexts (s 6, s 11A, s 11J, s 11T).","Different treatment and explicit exclusion for offshore Western Australian pipelines (s 11A(2), s 11B(2), s 11J(1)).","Complex allocation of functions and powers to multiple bodies (AEMC, AER, NCC, ERA, Australian Competition Tribunal, Commonwealth Minister) across the applied laws (e.g. ss 9–10, 11C–11G, 11L–11P, 11V–11Y).","Jurisdictional mapping and court vesting provisions (Federal Court, WA Supreme Court, State/Territory courts) with special rules for proceedings (ss 13G–13J, 11/11H interpretations).","Constitutional interface for conferral of duties on the Commonwealth Minister and need for agreements with States/Territories (ss 13A–13C, 13B).","Tax and stamp‑duty exemptions for specified ‘tax‑exempt matters’ tied to regulator‑satisfied transfers and separations (ss 13D–13E), creating conditional fiscal effects.","Validation and retrospective‑effect provisions for AER instruments and preparatory steps (ss 13K–13N) which require factual and legal assessment to apply.","Power for Governor‑General to make regulations that modify/adapt applied laws and their interpretation, increasing delegated‑legislation complexity (s 14).","Extra‑territorial operation intention (s 5) and reliance on prescribed regulations to define scope in unspecified ‘other places/circumstances/persons’ (s 6, s 11A, s 11T), increasing indeterminacy until regulations are made.","Provisions enabling administrative arrangements with WA for exercise of Commonwealth functions in relation to offshore WA pipelines (s 11S), adding operational complexity."],"plain_english_summary":"This Act makes key South Australian and Western Australian energy laws (electricity, gas, energy retail and WA offshore‑pipeline rules) operate as Commonwealth law in offshore areas and other prescribed places. It assigns powers and functions under those laws to national regulators and tribunals, fixes federal court jurisdiction for related matters, and lets the Governor‑General adapt those laws by regulation. It also binds the Crown, creates narrow tax and stamp‑duty exemptions for specified asset transfers, and validates certain preparatory regulator actions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act originally focused on applying electricity laws to offshore areas as a Commonwealth law. Its scope has grown substantially over time to encompass gas laws (National Gas Law from 2008), the special Western Australian offshore pipeline regime, and energy retail laws (from 2011), along with constitutional consent mechanisms, tax exemptions, court jurisdiction provisions, and transitional validation sections. What started as a narrow gap-filling mechanism has become a comprehensive federal framework for all three major energy sectors."},"complexity_factors":["Extensive cross-referencing between multiple Commonwealth, State, and Territory laws across three separate energy sectors (electricity, gas, retail)","Layered legal architecture: the Act does not set out energy rules itself but instead 'picks up' and applies State laws as Commonwealth laws — requiring the reader to consult multiple external instruments","Multiple regulatory bodies (AEMC, AER, National Competition Council, Australian Competition Tribunal, Economic Regulation Authority, Commonwealth Minister, WA Minister) each granted powers under different sub-regimes","Special carve-out regime for offshore Western Australian pipelines, which operate under WA law rather than the general South Australian-derived national laws, creating a parallel regulatory track","Large number of defined terms (over 30) many of which are nested or cross-defined (e.g. 'uniform energy law' includes 'prescribed uniform energy law' which itself has a separate definition)","Constitutional law complexity: provisions dealing with how duties can be imposed on Commonwealth Ministers by State laws, and the interplay between Commonwealth and State legislative powers","Validation and transitional provisions (sections 13K–13N) addressing instruments made before laws formally commenced — requires understanding of the timeline of multiple South Australian legislative amendments","Extra-territorial operation provisions that attempt to apply Australian law to matters governed by foreign law","Offshore geographic definitions involving technical maritime law concepts (territorial sea, offshore area, coastal waters measured at historical 3 nautical mile limit)"],"plain_english_summary":"## What This Law Does\n\nThe **Australian Energy Market Act 2004** is the federal government's key tool for creating a single, nationally consistent set of rules for electricity, gas, and energy retail markets across Australia — including in places that fall outside any individual state's jurisdiction.\n\n## The Core Trick: \"Picking Up\" State Laws\n\nHere's the clever mechanism: rather than writing its own detailed energy rules from scratch, the Commonwealth essentially **photocopies** South Australia's and Western Australia's energy laws and declares them to also operate as Commonwealth (federal) laws. This means:\n\n- **South Australia's National Electricity Law** becomes the law of the Commonwealth in offshore areas (the sea beyond state borders) and wherever else the regulations specify\n- **South Australia's National Gas Law** does the same for gas pipelines in offshore areas and remote territories like Christmas Island and Cocos (Keeling) Islands\n- **Western Australia's Gas Access Law** applies specifically to offshore gas pipelines running from WA's offshore area to the WA coast\n- **South Australia's National Energy Retail Law** (rules about selling energy to households and businesses) applies similarly in offshore and prescribed areas\n\n## Who Does This Affect?\n\n- **Energy companies** (electricity generators, gas pipeline operators, retailers) operating in offshore or cross-border areas\n- **Household and business energy consumers** — the rules about how energy can be sold to you are standardised nationally\n- **Regulators** — multiple bodies are given powers under these Commonwealth versions of the laws, including the Australian Energy Regulator (the national watchdog), the Australian Energy Market Commission (the rule-maker), and the Australian Competition Tribunal (a review body)\n\n## Why It Matters\n\nWithout this Act, there would be a legal gap: state laws only apply within state borders. Offshore gas platforms, undersea pipelines, and remote territories would fall into a regulatory black hole. This Act closes that gap by making state energy laws apply as federal law where state law can't reach.\n\n## Other Key Features\n\n- **Government is bound**: Even the Commonwealth and state governments must follow these energy rules — they can't claim immunity\n- **Extraterritorial reach**: The laws are intended to apply even to activities happening overseas, if they affect Australian energy markets\n- **Tax exemptions**: Companies that are forced to restructure or sell assets to comply with gas laws don't have to pay stamp duty or other taxes on those transfers\n- **Court jurisdiction**: The Federal Court handles disputes under the electricity, gas, and retail laws; the WA Supreme Court handles offshore WA pipeline matters\n- **Decisions can be judicially reviewed**: If a regulator makes a decision under these laws, affected parties can challenge it in court under the Administrative Decisions (Judicial Review) Act 1977"},"kimi_summary":{"_metrics":{"completionTokens":799},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 2004 scope. Initially focused on electricity and gas markets, it was expanded in 2011 to include energy retail laws (Division 2A, sections 11T-11Z), and has accumulated numerous validation provisions, tax exemption mechanisms, and inter-governmental arrangements. The offshore Western Australian pipelines scheme (Subdivision B of Division 2) represents a later addition dealing with specific WA constitutional arrangements. The miscellaneous provisions have also expanded to cover judicial review, legislative instruments, and complex transitional matters."},"complexity_factors":["Multiple layers of adopted State laws (South Australian Electricity, Gas, and Energy Retail Legislation; Western Australian Gas Legislation) applied as Commonwealth law","Extensive cross-referencing to external legislation — the Act is essentially a 'shell' that imports other laws","Complex jurisdictional arrangements: Federal Court for most matters, but Supreme Court of Western Australia for offshore WA pipelines","Nested definitions (e.g., 'uniform energy law' includes 'South Australian Electricity Legislation' which includes 'National Electricity Law' which is defined by reference to a Schedule of a South Australian Act)","Conditional application of laws with multiple exceptions (e.g., National Gas Law doesn't apply to offshore Western Australian pipelines)","Constitutional safeguards in sections 13A-13C dealing with when State/Territory laws can impose duties on the Commonwealth Minister","Validation provisions (sections 13K-13N) with retrospective effect and complex temporal conditions","Regulation-making power that allows modification or adaptation of any provision of the adopted laws"],"plain_english_summary":"This Act is the **Australian Energy Market Act 2004**, a Commonwealth law that creates a national framework for regulating electricity, gas, and energy retail markets across Australia.\n\n**What it does:**\n\nThe Act doesn't write the energy rules itself. Instead, it **\"adopts\" or applies** laws made by South Australia and Western Australia as if they were Commonwealth laws. This is a clever constitutional workaround — the Commonwealth uses its powers to apply State laws in areas where the States can't easily reach (like offshore waters) or to create national consistency.\n\n**Three main energy markets covered:**\n\n- **Electricity** — The *National Electricity Law* (South Australian law) applies as Commonwealth law in offshore areas and other prescribed places\n- **Gas** — The *National Gas Law* (South Australian law) applies similarly, but with special treatment for Western Australia's offshore pipelines\n- **Energy retail** — The *National Energy Retail Law* (South Australian law) applies to how energy is sold to customers\n\n**Key bodies given powers:**\n\n- **Australian Energy Market Commission** — makes the rules\n- **Australian Energy Regulator** — enforces the rules and sets prices\n- **Australian Competition Tribunal** — hears appeals\n- **Commonwealth Minister** — has various decision-making powers\n- **Economic Regulation Authority** (Western Australia) — handles WA offshore pipelines\n\n**Special features:**\n\n- The Act binds the **Crown** (government) in all its capacities\n- It operates **extra-territorially** — applies to things happening outside Australia if they affect Australian energy markets\n- It provides **tax exemptions** for certain asset transfers required by energy laws\n- It validates decisions made by regulators before the laws fully commenced\n- It gives the **Federal Court** jurisdiction over most disputes, but the **Supreme Court of Western Australia** handles WA offshore pipeline matters\n\n**Why it matters:**\n\nThis Act creates a single national energy market across Australia's states and territories, despite the Constitution giving states primary responsibility for energy. It lets businesses operate across borders with consistent rules, and ensures offshore energy infrastructure (like gas pipelines in the ocean) is properly regulated."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3 (definition of 'natural gas')","severity":"medium","reasoning":"The definition of 'natural gas' in section 3 loops back through an incorporated body of law (the National Gas (Commonwealth) Law) that is itself defined by reference to another jurisdiction's legislation. If South Australia amends its definition of natural gas, the Commonwealth definition automatically changes without any Commonwealth parliamentary action, creating a definitional dependency that undermines legislative sovereignty and produces uncertainty.","confidence":0.75,"description":"Circular definition: 'natural gas' is defined as having 'the same meaning as in the National Gas (Commonwealth) Law', but the National Gas (Commonwealth) Law is itself defined as 'the provisions applying under section 11A', which applies the South Australian National Gas Law. The term is thus defined by reference to a law whose own content is ambulatory and controlled by a foreign (South Australian) legislature. For Commonwealth law purposes, the definition of a core operative term is perpetually contingent on whatever South Australia decides it means."},{"type":"circular_definition","section":"3 (definition of 'offshore Western Australian pipeline')","severity":"medium","reasoning":"Section 11A(2) carves out offshore Western Australian pipelines from the National Gas (Commonwealth) Law. Yet the definition of 'offshore Western Australian pipeline' in section 3 relies on 'pipeline (within the meaning of the National Gas (Commonwealth) Law)'. This creates a logical loop: you must apply the National Gas (Commonwealth) Law to determine whether something is an offshore Western Australian pipeline, but that law does not apply to offshore Western Australian pipelines. The boundary of the exclusion is defined by the thing being excluded.","confidence":0.8,"description":"The definition of 'offshore Western Australian pipeline' uses the phrase 'pipeline (within the meaning of the National Gas (Commonwealth) Law)' to define what a pipeline is, but the National Gas (Commonwealth) Law is expressly excluded from applying in relation to an offshore Western Australian pipeline (s 11A(2)). The definition of the very thing excluded from the National Gas (Commonwealth) Law is derived from that same excluded law."},{"type":"other","section":"2 (commencement table, item 2)","severity":"low","reasoning":"The commencement table creates a gap period where sections 1 and 2 are in force but sections 3–14 (including all definitions and operative provisions) are not. This is standard legislative drafting practice and not strictly absurd, but the commencement table itself — which is part of section 2 in force from Royal Assent — references 'this Act' and its provisions in ways that presuppose operative definitions not yet in force. The severity is low because this is a common drafting convention.","confidence":0.5,"description":"The commencement table states sections 3 to 14 commence by Proclamation, with a fallback that they commence 'on the first day after the end of' 12 months from Royal Assent if not proclaimed. However, sections 3 to 14 include the definitions section (s 3) and other provisions that are necessary to give meaning to sections 1 and 2 themselves. Section 1 (short title) and section 2 (commencement) commence on Royal Assent, but section 2 references a commencement table that is only intelligible using definitions not yet in force."},{"type":"self_contradicting","section":"11R(1)","severity":"medium","reasoning":"The 'offshore area' under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is beyond State limits. The definition of 'offshore Western Australian pipeline' requires origination in that offshore area. Section 11R(1) then deems such a pipeline to be 'wholly within Western Australia' for ministerial purposes — a legal fiction that directly contradicts the geographic premise of the definition. This creates an interpretive tension where the same pipeline is simultaneously in the offshore area (for application of Commonwealth law) and within Western Australia (for determining the relevant Minister).","confidence":0.82,"description":"Section 11R(1) provides that for the purposes of determining the 'relevant Minister' under the Offshore Western Australian Pipelines (Commonwealth) Law, an offshore Western Australian pipeline 'is taken to be situated wholly within Western Australia'. However, by definition, an offshore Western Australian pipeline originates in the offshore area of Western Australia — which is Commonwealth territory, not within the limits of Western Australia. The fiction that it is 'situated wholly within Western Australia' is legally contradicted by the very definition of 'offshore area' and 'offshore Western Australian pipeline'."},{"type":"self_contradicting","section":"13F(1) vs 13F(2)","severity":"low","reasoning":"The omission of retrospective language in s 13F(2) compared to s 13F(1) is either an inadvertent drafting inconsistency or a deliberate policy choice with no explanation in the text. If deliberate, it implies gas and pipeline instruments may have been legislative instruments in the past (creating uncertainty about the validity of past actions taken in reliance on them); if inadvertent, it creates unequal treatment of materially similar instruments across the electricity and gas regimes.","confidence":0.72,"description":"Section 13F(1) states instruments made under the National Electricity (Commonwealth) Law are taken not to be, and 'never to have been', legislative instruments — applying the declaration retrospectively. Section 13F(2), dealing with National Gas and Offshore WA Pipeline instruments, states only that they 'are taken not to be a legislative instrument' — omitting the retrospective 'never to have been' language. This creates an asymmetric retrospective treatment across the energy law regimes with no apparent policy justification."},{"type":"other","section":"5 (Extra-territorial operation)","severity":"low","reasoning":"The omission of the National Energy Retail Law and Regulations (Commonwealth) from section 5's extra-territorial operation declaration, addressed only by a Note pointing to a different provision in an incorporated law, creates structural asymmetry. This means the extra-territorial reach of energy retail law is governed by a South Australian statutory instrument applied as Commonwealth law rather than by an express declaration of Commonwealth parliamentary intent, potentially creating a gap if s 17 of the retail law is amended by South Australia.","confidence":0.65,"description":"Section 5 declares parliamentary intention that the listed laws should operate 'as far as possible' in relation to 'things situated in or outside Australia' and acts occurring 'in or outside Australia'. However, the National Energy Retail Law and Regulations (Commonwealth) is omitted from the list in section 5, despite being a major component of the Commonwealth energy law framework added by later amendment. The accompanying Note to section 5 acknowledges section 17 of the National Energy Retail Law (Commonwealth) handles extra-territorial operation separately, creating an inconsistent structural approach."},{"type":"impossible_compliance","section":"13A(3)","severity":"medium","reasoning":"The practical operation of Commonwealth Ministerial functions under State/Territory energy laws depends on executive intergovernmental agreements that exist outside the legislative framework. If no agreement exists, or if an agreement lapses or is terminated, the Commonwealth Minister is prohibited from acting even where the State law purports to confer functions. This creates a situation where the legal framework's operation is contingent on executive conduct that is invisible to and uncontrollable by Parliament.","confidence":0.78,"description":"Section 13A(3) provides that the Commonwealth Minister 'cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral...is in accordance with an agreement between the Commonwealth and the State or Territory'. This creates an impossible compliance scenario: the law purports to give the Commonwealth Minister functions under State/Territory energy laws, but renders those functions inoperative unless an intergovernmental agreement exists — an agreement whose existence or terms are entirely outside the Act and not subject to parliamentary oversight or scrutiny."},{"type":"other","section":"3 (definition of 'coastal waters')","severity":"low","reasoning":"While legal fictions are common, requiring a reader to assume a foundational fact of Australian maritime law (the 12nm territorial sea) never occurred is an unusual drafting technique. The practical effect — limiting 'coastal waters' to a narrower band — is intelligible, but the mechanism creates interpretive difficulty because readers must apply one rule of Commonwealth law (territorial sea breadth) while simultaneously pretending another rule of Commonwealth law (actual territorial sea breadth) does not exist.","confidence":0.6,"description":"The definition of 'coastal waters' in relation to Western Australia requires the reader to 'assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles'. Australia's territorial sea has been 12 nautical miles since 1994 under the Seas and Submerged Lands Act 1973 (as amended). The definition requires a counterfactual assumption that contradicts established, operative Commonwealth law — creating a legal fiction within the definitional framework of another Commonwealth Act."}],"contradictions":[{"severity":"medium","section_a":"11A(1)(a)(i) (National Gas Law applies in offshore area of each State and the Northern Territory)","section_b":"11A(2) (National Gas Commonwealth Law does not apply in relation to an offshore Western Australian pipeline)","confidence":0.7,"description":"Section 11A(1)(a)(i) applies the National Gas (Commonwealth) Law in the offshore area of each State, which includes the offshore area of Western Australia. Section 11A(2) then carves out offshore Western Australian pipelines from that application. However, the carve-out is not geographically framed — it applies to the pipeline as an asset, not to a geographic area. This means the National Gas (Commonwealth) Law simultaneously applies in the offshore area of Western Australia (by s 11A(1)) but does not apply to a specific category of infrastructure (pipelines) within that same area (by s 11A(2)), creating potential uncertainty about which other aspects of the National Gas Law apply in the WA offshore area in relation to such pipelines."},{"severity":"low","section_a":"4 (Crown bound — lists specific laws including prescribed uniform energy laws)","section_b":"5 (Extra-territorial operation — lists same laws)","confidence":0.68,"description":"Both sections 4 and 5 list the laws that bind the Crown and that have extra-territorial operation respectively. Both lists include 'a prescribed uniform energy law applied as a law of the Commonwealth' but neither list includes the National Energy Retail Law and Regulations (Commonwealth). Section 4 separately includes the National Energy Retail Law and Regulations (Commonwealth) at paragraph (da), but section 5 does not include it at all, relying instead on a Note referring to section 17 of the retail law. This creates an asymmetry where the Crown is expressly bound by the retail law under section 4, but the extra-territorial operation of that same law is not covered by the parliamentary declaration in section 5."},{"severity":"medium","section_a":"13F(1) (electricity instruments 'never to have been' legislative instruments — retrospective)","section_b":"13F(2) (gas and pipeline instruments 'are taken not to be' legislative instruments — prospective only)","confidence":0.76,"description":"Section 13F(1) declares electricity-related instruments are not and 'never to have been' legislative instruments (retrospective effect). Section 13F(2) declares gas and pipeline instruments 'are taken not to be' legislative instruments (prospective language only). This differential treatment means instruments made under gas and pipeline laws may have been, and may legally remain classified as having been, legislative instruments prior to the Act's application — with consequential differences in parliamentary scrutiny, disallowance rights, and legal validity of acts taken in reliance on those instruments."},{"severity":"medium","section_a":"13A(1) (Commonwealth consents to State/Territory energy law conferring functions on Commonwealth Minister)","section_b":"13B(2) (duty under State/Territory energy law taken NOT to be imposed by this Act where State power sufficient)","confidence":0.71,"description":"Section 13A(1) provides Commonwealth consent to State/Territory energy laws conferring functions on the Commonwealth Minister. Section 13B(2) then provides that where State/Territory legislative power is sufficient to support the duty, it is 'taken not to be imposed by this Act'. Read together, the Commonwealth consents to receiving functions from State law, but simultaneously declares those functions are not imposed by Commonwealth law — leaving the legal basis for the Commonwealth Minister's exercise of those functions uncertain in a federal constitutional context, particularly where the validity of a State law imposing duties on Commonwealth officers is itself constitutionally contested."},{"severity":"low","section_a":"13D(2) (federal tax-exempt matter — requires satisfaction of both Commonwealth Minister AND Treasurer)","section_b":"13E(2) (State/Territory tax-exempt matter — requires satisfaction of Commonwealth Minister ONLY)","confidence":0.65,"description":"The threshold for obtaining a federal tax exemption (s 13D) requires joint satisfaction of both the Commonwealth Minister and the Treasurer. The threshold for obtaining a State/Territory tax exemption (s 13E) requires satisfaction of the Commonwealth Minister alone. This means a lower evidentiary/approval threshold applies for exempting from State and Territory taxes than for exempting from Commonwealth taxes — an inversion of the usual principle that Commonwealth requirements would be at least as rigorous as State requirements for equivalent relief."},{"severity":"high","section_a":"11R(1) (offshore WA pipeline taken to be situated wholly within Western Australia for ministerial purposes)","section_b":"11J(1)(a) (Offshore WA Pipelines Commonwealth Law applies to so much of pipeline as is situated in the offshore area of Western Australia)","confidence":0.85,"description":"Section 11J(1)(a) applies Commonwealth law only to the portion of an offshore Western Australian pipeline situated in the offshore area — explicitly recognising that the pipeline exists in the offshore area and not within Western Australia. Section 11R(1) then deems that same pipeline to be situated 'wholly within Western Australia' for the purpose of determining the relevant Minister. The same pipeline is simultaneously in the offshore area (for jurisdictional application of law under s 11J) and wholly within Western Australia (for ministerial determination under s 11R), creating directly contradictory geographic characterisations of the same physical infrastructure."}]}},"importantCases":[],"_links":{"self":"/api/acts/australian-energy-market-act-2004","history":"/api/acts/australian-energy-market-act-2004/history","analysis":"/api/acts/australian-energy-market-act-2004/analysis","conflicts":"/api/acts/australian-energy-market-act-2004/conflicts","importantCases":"/api/acts/australian-energy-market-act-2004/important-cases","documents":"/api/acts/australian-energy-market-act-2004/documents"}}