{"id":"australian-energy-market-commission-establishment-act-2004","name":"Australian Energy Market Commission Establishment Act 2004","slug":"australian-energy-market-commission-establishment-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31596,"registerId":"sa-australian-energy-market-commission-establishment-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Energy Market Commission Establishment Act 2004","content":"South Australia\nAustralian Energy Market Commission Establishment Act 2004\nAn Act to establish the Australian Energy Market Commission; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tCrown to be bound\nPart 2—Australian Energy Market Commission\n5\tAustralian Energy Market Commission\n6\tFunctions\n7\tOperations outside State\n8\tObjectives\n9\tIndependence\n10\tAEMC may publish statements, reports and guidelines\n11\tMemorandum of Understanding\n12\tMembership of AEMC\n13\tTerms and conditions of appointment\n14\tActing Chairperson or Commissioner\n15\tVacancies or defects in appointment\n16\tChief executive\n17\tOther staff\n18\tImmunity\n19\tConsultants\n20\tDelegation\n21\tMeetings of AEMC\n22\tDisclosure of interest\n23\tCommon seal and execution of documents\n24\tConfidentiality\n25\tAnnual performance plan and budget\n26\tAccounts and audit\n27\tAnnual report\nPart 5—Miscellaneous\n48\tCertain Acts not to apply\n49\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Australian Energy Market Commission Establishment Act 2004.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAEMC means the Australian Energy Market Commission established under section 5;\nAEMO means the Australian Energy Market Operator Limited (ACN 072 010 327);\nChairperson means the Commissioner appointed to be Chairperson of the AEMC under section 12;\nCommissioner means the Chairperson or another Commissioner appointed to the AEMC under section 12;\neligible MCE Minister means a Minister of the MCE eligible to vote on a question arising for decision by the MCE, in accordance with its procedures;\nJurisdictional Energy Law means a law of the Commonwealth, or a State or Territory of the Commonwealth, that relates to energy and is prescribed by regulation for the purposes of this definition;\nMCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows:\n\t(a)\t1 Minister from the Commonwealth;\n\t(b)\t1 Minister from each State (totalling 6 Ministers);\n\t(c)\t1 Minister from each Territory (totalling 2 Ministers),\nacting in accordance with its own procedures;\nNational Electricity Application Act means—\n\t(a)\tthe National Electricity (South Australia) Act 1996; or\n\t(b)\tthe Electricity (National Scheme) Act 1997 of the Australian Capital Territory; or\n\t(c)\tthe National Electricity (New South Wales) Act 1997 of New South Wales; or\n\t(d)\tthe Electricity - National Scheme (Queensland) Act 1997 of Queensland; or\n\t(e)\tthe Electricity - National Scheme (Tasmania) Act 1999 of Tasmania; or\n\t(f)\tthe National Electricity (Victoria) Act 1997 of Victoria; or\n\t(g)\tan Act of the Commonwealth, or any other State or Territory of the Commonwealth, that applies the National Electricity Law as a law of that jurisdiction;\nNational Electricity Law means the National Electricity Law as applied by a National Electricity Application Act;\nNational Electricity Regulations means the National Electricity (South Australia) Regulations as applied by a National Electricity Application Act;\nNational Electricity Rules means the National Electricity Rules as defined in section 2 of the National Electricity Law;\nNational Energy Law means—\n\t(a)\ta National Electricity Application Act; or\n\t(b)\tthe National Electricity Law; or\n\t(c)\tthe National Electricity Regulations; or\n\t(d)\tthe National Electricity Rules; or\n\t(e)\ta National Gas Application Act; or\n\t(f)\tthe National Gas Law; or\n\t(g)\tthe National Gas Regulations; or\n\t(h)\tthe National Gas Rules; or\n\t(i)\ta National Energy Retail Law Application Act; or\n\t(j)\tthe National Energy Retail Law; or\n\t(k)\tthe National Energy Retail Regulations; or\n\t(l)\tthe National Energy Retail Rules;\nNational Energy Retail Law Application Act means—\n\t(a)\tthe National Energy Retail Law (South Australia) Act 2011; or\n\t(b)\tany other Act of a State or Territory of the Commonwealth that applies the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011, with or without modification and whether as in force at a particular time or as in force for the time being, as a law of that jurisdiction;\nNational Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 applying as a law of South Australia or as applied, with or without modification and whether as in force at a particular time or as in force for the time being, as a law of another jurisdiction;\nNational Energy Retail Regulations means the National Energy Retail Regulations as defined in section 2 of the National Energy Retail Law;\nNational Energy Retail Rules means the National Energy Retail Rules as defined in section 2 of the National Energy Retail Law;\nNational Gas Application Act means—\n\t(a)\tthe National Gas (South Australia) Act 2008; or\n\t(b)\tthe Australian Energy Market Act 2004 of the Commonwealth; or\n\t(c)\tany other Act of a State or Territory of the Commonwealth that applies the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008, with or without modification and whether as in force at a particular time or as in force for the time being, as a law of that jurisdiction;\nNational Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 applying as a law of South Australia or as applied, with or without modification and whether as in force at a particular time or as in force for the time being, as a law of another jurisdiction;\nNational Gas Regulations means regulations that, under a National Gas Application Act, apply as regulations for the purposes of a National Gas Law;\nNational Gas Rules means the National Gas Rules as defined in section 2 of the National Gas Law;\nnatural gas has the same meaning as in the National Gas Law;\nTerritory means the Australian Capital Territory or the Northern Territory.\n\t(2)\tA reference in this Act to an Act, regulations or law of another jurisdiction is a reference to the Act, regulations or law as amended and in force for the time being, or to any Act, regulations or law enacted or made in substitution for the Act, regulations or law.\n\t(3)\tFor the purposes of this Act, if the calculation of two‑thirds of the eligible MCE Ministers results in a fraction, two‑thirds of the eligible MCE Ministers will be the number resulting from rounding up that fraction.\n4—Crown to be bound\nThis Act binds the Crown, not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\nPart 2—Australian Energy Market Commission\n5—Australian Energy Market Commission\n\t(1)\tThe Australian Energy Market Commission is established.\n\t(2)\tThe AEMC—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued in its corporate name.\n\t(3)\tThe AEMC has all the powers of a natural person together with powers conferred on the AEMC by or under this Act, National Energy Laws or Jurisdictional Energy Laws.\n6—Functions\nThe AEMC has the following functions:\n\t(a)\tthe rule-making, market development and other functions conferred on the AEMC under National Energy Laws or Jurisdictional Energy Laws;\n\t(b)\tthe provision of advice to the MCE as requested by the MCE;\n\t(c)\tother functions conferred on the AEMC under this or any other Act or any other law;\n\t(d)\tother functions that are reasonably incidental to any of the foregoing.\n7—Operations outside State\nThe AEMC may perform its functions and exercise its powers in and outside the State.\n8—Objectives\nThe AEMC must, in the performance of its functions, have regard to any relevant objectives set out in National Energy Laws.\n9—Independence\n\t(1)\tThe AEMC is not subject to direction by the Minister in the performance of its functions.\n\t(2)\tSubsection (1) does not limit any provision of the National Energy Laws about the giving of directions to the AEMC by the MCE.\n10—AEMC may publish statements, reports and guidelines\nThe AEMC may publish statements, reports and guidelines relating to the performance of its functions.\n11—Memorandum of Understanding\n\t(1)\tThe AEMC may enter into a Memorandum of Understanding with other bodies for the purposes of facilitating and coordinating the performance of its functions.\n\t(2)\tThe AEMC must ensure that the Memorandum of Understanding is published.\n12—Membership of AEMC\nThe AEMC is to consist of at least 3 and not more than 5 Commissioners appointed by the Governor on the recommendation of the Minister, of whom—\n\t(a)\t1, who will be appointed to be the Chairperson, will be a person nominated for such appointment by at least two‑thirds of the eligible MCE Ministers; and\n\t(b)\tthe remainder will be persons nominated for appointment by at least two‑thirds of the eligible MCE Ministers.\n13—Terms and conditions of appointment\n\t(1)\tA Commissioner will be appointed—\n\t(a)\tfor a term, not exceeding 5 years, specified in the instrument of appointment (and, at the expiration of a term of office, is eligible for reappointment); and\n\t(b)\ton conditions as to remuneration and other matters specified in the instrument of appointment.\n\t(1a)\tThe term of office and conditions of appointment of a Commissioner must be matters that the Minister has recommended to the Governor in accordance with a resolution of the MCE.\n\t(2)\tThe Governor may remove a Commissioner from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official functions satisfactorily.\n\t(3)\tThe office of a Commissioner becomes vacant if the Commissioner—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis removed from office under subsection (2).\n\t(4)\tIf the office of a Commissioner becomes vacant, the following provisions apply:\n\t(a)\tif, immediately before the occurrence of the vacancy, the AEMC consisted of 3 or fewer Commissioners, a person must be appointed in accordance with this Act to the vacant office;\n\t(b)\tif, immediately before the occurrence of the vacancy, the AEMC consisted of more than 3 Commissioners and—\n\t(i)\tthe vacancy occurs in the office of the Commissioner appointed to be the Chairperson, a person must be appointed in accordance with this Act to the vacant office; or\n\t(ii)\tthe vacancy occurs in the office of any other Commissioner, the office ceases to exist on the occurrence of the vacancy.\n14—Acting Chairperson or Commissioner\n\t(1)\tThe Minister may appoint a Commissioner or an Acting Commissioner nominated by at least two‑thirds of the eligible MCE Ministers as an Acting Chairperson to act in the office of the Chairperson during any period for which the Chairperson is unable to perform official functions or the office of the Chairperson is vacant.\n\t(2)\tA person appointed under subsection (1) has, while acting in the office of the Chairperson, all the functions and powers of the Chairperson.\n\t(3)\tThe Minister may appoint a person nominated by at least two‑thirds of the eligible MCE Ministers as an Acting Commissioner to act in the office of a Commissioner appointed, or to be appointed, under section 12(b) during any period for which—\n\t(a)\tthe Commissioner is unable to perform official functions; or\n\t(b)\tthe office is vacant and the vacancy is required to be filled in accordance with section 13(4)(a).\n\t(5)\tWithout limiting any other power of appointment under this section, the Minister may appoint a person nominated by at least two‑thirds of the eligible MCE Ministers as an Acting Commissioner to act in the office of a Commissioner during any period for which that Commissioner is acting in the office of the Chairperson.\n\t(6)\tA person appointed under subsection (3) or (5) has, while acting in the office of a Commissioner, all the functions and powers of a Commissioner.\n\t(7)\tThe conditions of appointment of an Acting Chairperson or Acting Commissioner will be as determined by the Minister in accordance with a resolution of the MCE.\n\t(8)\tAn act or proceeding of the AEMC is not invalid by reason only of a defect in appointment under this section or the fact that a person appointed under this section acts in the office concerned when the circumstances for so acting have not yet arisen or have ceased to exist.\n15—Vacancies or defects in appointment\nAn act or proceeding of the AEMC is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a Commissioner.\n16—Chief executive\n\t(1)\tThere is to be a chief executive of the AEMC.\n\t(2)\tThe chief executive is to be appointed by the AEMC on conditions determined by the AEMC.\n\t(3)\tThe chief executive is, subject to the control and direction of the AEMC, responsible for giving effect to the decisions and policies of the AEMC.\n17—Other staff\nThe members of the staff of the AEMC (other than the chief executive) are to be persons appointed by the AEMC on conditions determined by the AEMC.\n18—Immunity\n\t(1)\tNo personal liability attaches to a Commissioner or a member of the staff of the AEMC for an act or omission in good faith in the performance or exercise, or purported performance or exercise, of a function or power associated with the activities of the AEMC under this Act.\n\t(2)\tA liability that would, but for subsection (1), lie against a person lies instead against the AEMC.\n19—Consultants\nThe AEMC may engage consultants on conditions considered appropriate by the AEMC.\n20—Delegation\n\t(1)\tSubject to this section and the National Energy Laws, the AEMC may delegate functions or powers to a Commissioner or the chief executive or some other member of the staff of the AEMC.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n21—Meetings of AEMC\n\t(1)\tThe Chairperson may convene as many meetings of the AEMC as he or she considers necessary for the efficient conduct of its affairs.\n\t(2)\tThe Chairperson must convene a meeting of the AEMC if requested to do so in writing signed by the other Commissioners.\n\t(3)\tThe Chairperson must preside at a meeting of the AEMC.\n\t(4)\tA quorum of the AEMC consists of one half of the total number of Commissioners (ignoring any fraction resulting from the division) plus 1.\n\t(5)\tA decision concurred in by a majority of the votes cast by the Commissioners present at a meeting of the AEMC is a decision of the AEMC.\n\t(6)\tEach Commissioner present at a meeting of the AEMC has 1 vote on a question arising for decision and, if the votes are equal, the Chairperson may exercise a second (or casting) vote.\n\t(7)\tIf the AEMC so determines, a Commissioner or Commissioners may participate in, and form part of a quorum for, a meeting of the AEMC by means of any of the following methods of communication:\n\t(a)\ttelephone;\n\t(b)\tclosed circuit television;\n\t(c)\tanother method of communication determined by the AEMC. \n\t(8)\tThe AEMC must have accurate minutes kept of its meetings.\n\t(9)\tSubject to this Act, the AEMC may regulate its own procedure.\n22—Disclosure of interest\n\t(1)\tIf a Commissioner has any direct or indirect interest in a matter being considered, or about to be considered, by the AEMC, being an interest that could conflict with the proper performance of the Commissioner's functions in relation to a matter arising at a meeting of the AEMC, the Commissioner must as soon as practicable disclose the interest at a meeting of the AEMC.\n\t(2)\tThe disclosure, and any decision made by the AEMC in relation to the disclosure, must be recorded in the minutes of the meeting.\n23—Common seal and execution of documents\n\t(1)\tThe common seal of the AEMC must not be affixed to a document except in pursuance of a decision of the AEMC and the affixing of the seal must be attested by the signatures of 1 or more Commissioners.\n\t(2)\tThe AEMC may, by instrument under its common seal, authorise a Commissioner, an employee of the AEMC (whether nominated by name or by office or title) or any other person to execute documents on behalf of the AEMC subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the AEMC.\n\t(4)\tA document is duly executed by the AEMC if—\n\t(a)\tthe common seal of the AEMC is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the AEMC by a person or persons in accordance with an authority conferred under this section.\n\t(5)\tWhere an apparently genuine document purports to bear the common seal of the AEMC, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the AEMC has been duly affixed to that document.\n24—Confidentiality\n\t(1)\tThe AEMC must take all reasonable measures to protect from unauthorised use or disclosure information—\n\t(a)\tgiven to it in confidence in or in connection with the performance of its functions or the exercise of its powers; or\n\t(b)\tthat is obtained by compulsion in exercise of its powers.\n\t(2)\tFor the purposes of subsection (1), the disclosure of information as required or permitted by a law of the State, or a law of the Commonwealth or another State or Territory of the Commonwealth, is taken to be authorised use and disclosure of the information.\n\t(3)\tDisclosing information to a person or body prescribed by the regulations for the purpose of this subsection is authorised use and disclosure of the information.\n\t(4)\tA person or body to whom information is disclosed under subsection (3) may use the information for any purpose connected with the performance of the person's, or body's, functions.\n\t(5)\tThe AEMC may impose conditions to be complied with in relation to information disclosed under subsection (3).\n\t(6)\tFor the purposes of subsection (1), the use or disclosure of information by a person for the purposes of performing the person's functions as—\n\t(a)\ta Commissioner or a member of the staff of the AEMC; or\n\t(b)\ta consultant engaged by the AEMC,\nis taken to be authorised use or disclosure of the information.\n\t(7)\tRegulations made for the purposes of this section may specify uses of information and disclosures of information that are authorised uses and authorised disclosures for the purposes of this section.\n\t(8)\tNothing in subsections (2) to (7) limits what may constitute authorised use or disclosure of information.\n\t(9)\tInformation that is classified as confidential by the AEMC under a National Energy Law is not liable to disclosure under the Freedom of Information Act 1991.\n25—Annual performance plan and budget\n\t(1)\tThe AEMC must, from time to time, prepare and submit to the Minister a performance plan and budget for the next financial year or for some other period determined by the Minister.\n\t(2)\tThe plan and the budget must conform with any requirements of the Minister as to the form of the plan or budget or the matters to be addressed by the plan or budget.\n26—Accounts and audit\n\t(1)\tThe AEMC must ensure that proper accounts are kept in relation to its financial affairs and that financial statements are prepared in accordance with the Public Finance and Audit Act 1987.\n\t(2)\tThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the AEMC.\n27—Annual report\n\t(1)\tThe AEMC must, within 3 months after the end of each financial year, deliver to the Minister a report on its operations during that financial year.\n\t(2)\tThe Minister must, on receipt of the report, deliver a copy of the report to each of the other Ministers who are members of the MCE.\n\t(3)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.\nPart 5—Miscellaneous\n48—Certain Acts not to apply\n\t(1)\tThe Public Sector Act 2009 and the Public Sector (Honesty and Accountability) Act 1995 do not apply to or in relation to—\n\t(a)\tthe AEMC; or\n\t(b)\ta Commissioner; or\n\t(c)\tthe chief executive or other staff of the AEMC.\n\t(2)\tThe State Procurement Act 2004 does not apply to or in relation to—\n\t(a)\tthe AEMC or its operations or activities.\n49—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Energy Consumers Australia) Act 2014.\n\t(3)\tA provision of a regulation made under subsection (2) may, if the regulations so provide, take effect from the commencement of this subsection or from a later day.\n\t(4)\tTo the extent to which a provision takes effect under subsection (3) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n24\nAustralian Energy Market Commission Establishment Act 2004\n8.7.2004\n22.7.2004 (Gazette 22.7.2004 p2593)\n2007\n49\nAustralian Energy Market Commission Establishment (Consumer Advocacy Panel) Amendment Act 2007\n29.11.2007\n1.7.2008 (Gazette 26.6.2008 p2552)\n2008\n19\nNational Gas (South Australia) Act 2008\n26.6.2008\nPt 8 (s 22)—1.7.2008 (Gazette 26.6.2008 p2553)\n2009\n32\nStatutes Amendment (Australian Energy Market Operator) Act 2009\n25.6.2009\nPt 2 (ss 4—14) & Sch 1—1.7.2009 (Gazette 25.6.2009 p3001)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 19 (s 37)—1.2.2010 (Gazette 28.1.2010 p320)\n2011\n7\nStatutes Amendment (National Energy Retail Law) Act 2011\n17.3.2011\nPt 2 (s 4)—1.7.2012 (Gazette 28.6.2012 p2925)\n2014\n21\nStatutes Amendment (Energy Consumers Australia) Act 2014\n11.12.2014\nPt 2 (ss 4—20)—30.1.2015 (Gazette 18.12.2014 p6870)\n2017\n52\nAustralian Energy Market Commission Establishment (Governance) Amendment Act 2017\n28.11.2017\n19.12.2017 (Gazette 19.12.2017 p5117)\n2021\n3\nStatutes Amendment (National Energy Laws) (Omnibus) Act 2021\n11.2.2021\nPt 2 (s 4)—15.4.2021 (Gazette 15.4.2021 p1169)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\nheading inserted by 49/2007 s 4\n1.7.2008\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2008\ns 3\n\n\ns 3(1)\n\n\nAEMO\ninserted by 32/2009 s 4\n1.7.2009\nChairperson\nsubstituted by 49/2007 s 5(1)\n1.7.2008\n\nsubstituted by 21/2014 s 4(1)\n30.1.2015\neligible MCE Minister\ninserted by 52/2017 s 4(1)\n19.12.2017\nGas Pipelines Access Application Act\ndeleted by 19/2008 s 22(2)\n1.7.2008\nGas Pipelines Access Law\ndeleted by 19/2008 s 22(2)\n1.7.2008\nGas Pipelines Access Regulations\ndeleted by 19/2008 s 22(2)\n1.7.2008\nMCE\nsubstituted by 3/2021 s 4(1)\n15.4.2021\nMCE (States and Territories)\ndeleted by 52/2017 s 4(2)\n19.12.2017\nNational Electricity Code\ndeleted by 49/2007 s 5(2)\n1.7.2008\nNational Electricity Rules\ninserted by 49/2007 s 5(3)\n1.7.2008\nNational Energy Law\namended by 49/2007 s 5(4)\n1.7.2008\n\namended by 19/2008 s 22(3)\n1.7.2008\n\namended by 7/2011 s 4(1)\n1.7.2012\nNational Energy Retail Law Application Act\ninserted by 7/2011 s 4(2)\n1.7.2012\nNational Energy Retail Law\ninserted by 7/2011 s 4(2)\n1.7.2012\nNational Energy Retail Regulations\ninserted by 7/2011 s 4(2)\n1.7.2012\nNational Energy Retail Rules\ninserted by 7/2011 s 4(2)\n1.7.2012\nNational Gas Application Act\ninserted by 19/2008 s 22(4)\n1.7.2008\nNational Gas Law\ninserted by 19/2008 s 22(4)\n1.7.2008\nNational Gas Regulations\ninserted by 19/2008 s 22(4)\n1.7.2008\nNational Gas Rules\ninserted by 19/2008 s 22(4)\n1.7.2008\nNational Third Party Access Code for Natural Gas Pipelines Systems\ndeleted by 19/2008 s 22(4)\n1.7.2008\nnatural gas\ninserted by 49/2007 s 5(5)\n1.7.2008\n\nsubstituted by 19/2008 s 22(4)\n1.7.2008\nPanel\ninserted by 49/2007 s 5(5)\n1.7.2008\n\ndeleted by 21/2014 s 4(2)\n30.1.2015\nPanel member\ninserted by 49/2007 s 5(5)\n1.7.2008\n\ndeleted by 21/2014 s 4(2)\n30.1.2015\nsmall to medium consumer\ninserted by 49/2007 s 5(5)\n1.7.2008\n\ndeleted by 21/2014 s 4(2)\n30.1.2015\nTerritory\ninserted by 3/2021 s 4(2)\n15.4.2021\ns 3(3)\ninserted by 52/2017 s 4(3)\n19.12.2017\nPt 2\nheading inserted by 49/2007 s 6\n1.7.2008\ns 6\namended by 49/2007 s 7\n1.7.2008\ns 12\nsubstituted by 52/2017 s 5\n19.12.2017\ns 13\n\n\ns 13(1)\namended by 32/2009 s 5(1), (2)\n1.7.2009\ns 13(1a)\ninserted by 32/2009 s 5(3)\n1.7.2009\ns 13(4)\nsubstituted by 52/2017 s 6\n19.12.2017\ns 14\n\n\ns 14(1)\namended by 32/2009 s 6(1)\n1.7.2009\n\namended by 52/2017 s 7(1)\n19.12.2017\ns 14(3)\nsubstituted by 52/2017 s 7(2)\n19.12.2017\ns 14(4)\ndeleted by 52/2017 s 7(2)\n19.12.2017\ns 14(5)\namended by 32/2009 s 6(2)\n1.7.2009\n\namended by 52/2017 s 7(3)\n19.12.2017\ns 14(6)\namended by 52/2017 s 7(3)\n19.12.2017\ns 18\nsubstituted by 49/2007 s 8\n1.7.2008\ns 21\n\n\ns 21(4)\namended by 52/2017 s 8(1)\n19.12.2017\ns 21(5)\namended by 52/2017 s 8(2)\n19.12.2017\ns 21(6)\namended by 52/2017 s 8(3)\n19.12.2017\ns 26\n\n\ns 26(1a)\ninserted by 49/2007 s 9(1)\n1.7.2008\n\ndeleted by 21/2014 s 5(1)\n30.1.2015\ns 26(2)\namended by 49/2007 s 9(2)\n1.7.2008\n\namended by 21/2014 s 5(2)\n30.1.2015\ns 27\n\n\ns 27(1a)\ninserted by 49/2007 s 10\n1.7.2008\n\ndeleted by 21/2014 s 6\n30.1.2015\ns 28—see s 49\n\n\nPt 3 before deletion by 21/2014\ninserted by 49/2007 s 11\n1.7.2008\ns 32\n\n\ns 32(4) and (5)\ndeleted by 32/2009 s 7\n1.7.2009\ns 36\n\n\ns 36(3)\namended by 32/2009 s 8\n1.7.2009\nPt 3\ndeleted by 21/2014 s 7\n30.1.2015\nPt 4 before deletion by 21/2014\ninserted by 49/2007 s 11\n1.7.2008\ns 41\n\n\ns 41(1)\namended by 32/2009 s 9(1)\n1.7.2009\ns 41(2) and (3)\nsubstituted by 32/2009 s 9(2)\n1.7.2009\ns 41(6)\namended by 32/2009 s 9(3)\n1.7.2009\ns 41(8)\namended by 32/2009 s 9(4)\n1.7.2009\ns 42\namended by 32/2009 s 10\n1.7.2009\ns 43\namended by 32/2009 s 11\n1.7.2009\ns 44\n\n\ns 44(1)\nsubstituted by 32/2009 s 12\n1.7.2009\ns 46\n\n\ns 46(6)\namended by 32/2009 s 13\n1.7.2009\nPt 4\ndeleted by 21/2014 s 7\n30.1.2015\nPt 5\ninserted by 49/2007 s 11\n1.7.2008\ns 48\n\n\ns 48(1)\namended by 84/2009 s 37\n1.2.2010\n\n(d)—(f) deleted by 21/2014 s 8(1)\n30.1.2015\ns 48(2)\n(b) deleted by 21/2014 s 8(2)\n30.1.2015\ns 49\ns 28 renumbered as s 49 by 49/2007 s 12\n1.7.2008\ns 49(1)\ns 49 redesignated as s 49(1) by 21/2014 s 9\n30.1.2015\ns 49(2)—(4)\ninserted by 21/2014 s 9\n30.1.2015\nSch 1\ndeleted by 32/2009 s 14\n1.7.2009\nTransitional etc provisions associated with Act or amendments\nAustralian Energy Market Commission Establishment (Consumer Advocacy Panel) Amendment Act 2007, Sch 1—Transitional provisions\n1—Interpretation\n\t(1)\tTerms used in this Schedule that are defined in the Australian Energy Market Commission Establishment Act 2004 have the same respective meanings as in that Act.\n\t(2)\tIn this Schedule—\nAdvocacy Panel means the Advocacy Panel under clause 8.10 of the National Electricity Rules, as in force immediately before the commencement of this clause.\n2—Membership of Consumer Advocacy Panel\n\t(1)\tSubject to subclause (3), the person who was Chairperson of the Advocacy Panel immediately before the commencement of this subclause will be taken to have been appointed as the Chairperson of the Panel on the same terms and conditions as to remuneration and other matters as were specified in the instrument of the person's appointment as Chairperson of the Advocacy Panel.\n\t(2)\tSubject to subclause (3), a person who was a member (other than the Chairperson) of the Advocacy Panel immediately before the commencement of this subclause will be taken to have been appointed as a member of the Panel on the same terms and conditions as to remuneration and other matters as were specified in the instrument of the person's appointment as a member of the Advocacy Panel.\n\t(3)\tAn appointment under this clause will be for an interim term that expires in accordance with a determination of the Minister responsible for the administration of the Australian Energy Market Commission Establishment Act 2004 (and the procedures to appoint Panel members under the Australian Energy Market Commission Establishment Act 2004 may be commenced at any time after the commencement of this Act in accordance with a timetable determined by the MCE).\n3—Panel to decide certain funding applications\n\t(1)\tThis clause applies to an application for funding lodged with the Advocacy Panel under the National Electricity Rules and not determined by the Advocacy Panel immediately before the commencement of this clause.\n\t(2)\tThe Panel must determine an application to which this clause applies and may, where appropriate, give a direction for the making of a grant by the AEMC to the applicant as if the applicant were a successful applicant for a grant under Part 4 of the Australian Energy Market Commission Establishment Act 2004 (as enacted by this Act).\n\t(3)\tThe Panel must, in acting under subclause (2), apply any criteria or guidelines applying in relation to the application at the time the application was made.\n4—Payment of funding balance to AEMC\n\t(1)\tThis clause applies to any amount being held for the purposes of the Advocacy Panel immediately before the commencement of this clause from the money provided to the Advocacy Panel for the approved Advocacy Panel funding requirements.\n\t(2)\tThe amount to which this clause applies must be paid to the AEMC and placed by the AEMC in a separate account in accordance with Part 4 of the Australian Energy Market Commission Establishment Act 2004 (as enacted by this Act).\n5—Contracts etc\n\t(1)\tAll rights and liabilities held by or on behalf of the Advocacy Panel are transferred to the AEMC.\n\t(2)\tThe transfer of rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.\n\t(3)\tAll references to the Advocacy Panel in an instrument or agreement that gives rise to or evidences a right or liability under subclause (1) will have effect as if it were a reference to the AEMC.\n6—Initial Panel budget\n\t(1)\tThe Panel may adopt a budget that has been prepared by the Advocacy Panel and approved under the National Electricity Rules as its first budget under the Australian Energy Market Commission Establishment Act 2004 (subject to making any amendments under subclause (2)).\n\t(2)\tThe Panel may, within 3 months after adopting its first budget under subclause (1), submit an amended budget for the balance of the financial year to the MCE for its approval.\n\t(3)\tA budget adopted by the Panel under subclause (1) or approved by the MCE under subclause (2) will be taken to be an approved budget under Part 4 of the Australian Energy Market Commission Establishment Act 2004 (as enacted by this Act).\n\t(4)\tIn addition, the MCE may approve a budget under this subclause that may be taken to be an approved budget under Part 4 of the Australian Energy Market Commission Establishment Act 2004 (as enacted by this Act) for the financial year next following the financial year for which the first budget under subclauses (1) and (2) applies.\n7—Final reporting requirements associated with Advocacy Panel\n\t(1)\tThe Panel must include in its first annual report under Part 4 of the Australian Energy Market Commission Establishment Act 2004 (as enacted by this Act) the information (including audited financial statements of the Advocacy Panel) that the Advocacy Panel would have been required to include in an annual report under clause 8.10.7 of the National Electricity Rules (as in force immediately before the commencement of this clause) had the Advocacy Panel not been dissolved on account of the commencement of this Act (and despite the fact that the reporting periods for the 2 entities are different).\n\t(2)\tAn audit of the last financial statements of the Advocacy Panel must be undertaken in accordance with any requirements of the AEMC.\n\t(3)\tThe persons who, immediately before the commencement of this clause, are the members of the Advocacy Panel must ensure that all information in the possession of the Advocacy Panel that is necessary or convenient to the operation of subclauses (1) and (2) is kept available for the purposes of those subclauses.\n8—Criteria and guidelines\nAny criteria or guidelines for grant allocations made by the Advocacy Panel applying immediately before the commencement of this clause will continue to apply for the purposes of Part 4 of the Australian Energy Market Commission Establishment Act 2004 (as enacted by this Act) until criteria and guidelines are established under that Part.\nStatutes Amendment (Energy Consumers Australia) Act 2014, Pt 2 Div 2—Transitional provisions\n10—Interpretation\n\t(1)\tTerms used in this Division that are defined in the Australian Energy Market Commission Establishment Act 2004 have the same respective meanings as in that Act.\n\t(2)\tIn this Division—\ncommencement day means the day on which section 7 of this Act comes into operation;\nEnergy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited;\nPanel and Panel member have the same respective meanings as in the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day).\n11—ECA to decide certain funding applications\n\t(1)\tThis section applies to an application for funding lodged with the Panel under section 29(2) of the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day) and not determined by the Panel immediately before the commencement day.\n\t(2)\tECA must—\n\t(a)\tdetermine an application to which this section applies in accordance with its constitution; and\n\t(b)\tin so acting, apply any criteria or guidelines determined or developed under section 45 of the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day) and applying to the Panel in relation to the application at the time the application was made.\n12—AEMC to make grants in relation to certain funding applications\n\t(1)\tThis section applies to an application for funding lodged with the Panel under section 29(2) of the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day) in relation to which the Panel determined that a grant should be made and gave a direction to that effect to the AEMC for the purposes of section 46(1) of the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day) but, immediately before the commencement day, the AEMC had not made the grant.\n\t(2)\tDespite the repeal of Part 4 of the Australian Energy Market Commission Establishment Act 2004 by section 7 of this Act, the AEMC must make the grant in relation to an application to which this section applies.\n13—Criteria and guidelines\nAny criteria or guidelines determined or developed under section 45 of the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day) will continue to apply for the purposes of the determination of applications for funding by ECA until criteria or guidelines are prepared by the ECA in accordance with its constitution and published on a website determined by ECA.\n14—Amount held by AEMC for funding of Panel to be paid to ECA\n\t(1)\tSubject to this section, the AEMC must, in relation to any amount held by the AEMC for the purposes of the Panel immediately before the commencement day (the relevant amount), within 30 days after the commencement day—\n\t(a)\tmake any grants under section 12 from the relevant amount; and\n\t(b)\tpay from the relevant amount—\n\t(i)\tany remuneration or other amounts payable under an instrument of appointment to a Panel member in respect of work performed by the Panel before the commencement day; and\n\t(ii)\tany employee entitlements (including remuneration and superannuation) of the Executive Director and other staff members of the Panel accrued before the commencement day; and\n\t(iii)\tthe reasonable administrative costs incurred by the AEMC before the commencement day associated with the work of the Panel, its Executive Director and other staff members (including costs incurred in relation to the provision of services shared by the AEMC and the Panel (but only in so far as such costs relate to the provision of services to the Panel)); and\n\t(iv)\tif the AEMC terminates the employment of the Executive Director or any other staff member of the Panel within 30 days after the commencement day—an amount equivalent to any liabilities, calculated as if the termination took effect on the commencement day, that arise from the termination.\n\t(2)\tIn addition, the AEMC and AEMO must, before the expiry of the 30 day period referred to in subsection (1), agree on any addition to or deduction from the relevant amount that must be made to reflect—\n\t(a)\tany contribution to the relevant amount owed by the AEMC or AEMO; or\n\t(b)\tany amount owed to the AEMC or AEMO from the relevant amount.\n\t(3)\tThe AEMC must, after giving effect to subsections (1) and (2), pay the remainder of the relevant amount to ECA as soon as is reasonably practicable after the expiry of the 30 day period referred to in subsection (1).\n\t(4)\tIf, after the expiry of the 30 day period referred to in subsection (1), the AEMC gives notice to ECA of a payment within the ambit of subsection (1)(b) that the AEMC is required to make, the AEMC and ECA may agree on the payment by ECA to the AEMC of the amount specified in the notice.\n15—Staff\n\t(1)\tA person who was, immediately before the commencement day, the Executive Director or a staff member of the Panel appointed by the AEMC under section 37 of the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day) will, on that commencement day, be taken to be employed as a member of the staff of the AEMC appointed by the AEMC under section 17 of that Act.\n\t(2)\tThe transfer of a person's employment under subsection (1)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\tthe existing term or conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n16—Contracts etc\n\t(1)\tAll rights, obligations and liabilities of the AEMC and the Panel—\n\t(a)\tunder a contract or agreement entered into by the AEMC in accordance with a direction given by the Panel for the purposes of section 46(1) of the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day); or\n\t(b)\trelating to a grant made by the AEMC under section 12,\nare transferred to ECA.\n\t(2)\tThe transfer of rights, obligations and liabilities under this section—\n\t(a)\toperates by force of this section and despite the provisions of any other law; and\n\t(b)\ttakes effect—\n\t(i)\tin the case of the rights, obligations and liabilities referred to in subsection (1)(a)—on the commencement day; and\n\t(ii)\tin the case of the rights, obligations and liabilities referred to in subsection (1)(b)—on the execution of the grant by the AEMC.\n\t(3)\tA reference to the AEMC or the Panel in an instrument or agreement that gives rise to or evidences a right, obligation or liability referred to in subsection (1) will have effect as if it were a reference to ECA.\n\t(4)\tThis section applies within the State, and outside of the State to the full extent of the extraterritorial power of the Parliament.\n17—Final reporting requirements associated with Panel\n\t(1)\tECA must include in its first annual report (published in accordance with its constitution) the information (including audited financial statements of the Panel) that the Panel would have been required to include in an annual report under section 47 of the Australian Energy Market Commission Establishment Act 2004 (as in force immediately before the commencement day) had the Panel not been dissolved on account of the commencement of section 7 of this Act.\n\t(2)\tAn audit of the last financial statements of the Panel must be undertaken in accordance with any requirements of the AEMC.\n\t(3)\tThe persons who, immediately before the commencement day, are Panel members must ensure that all information in the possession of the Panel that is necessary or convenient to the operation of subsections (1) and (2) is kept available for the purposes of those subsections.\n18—Transfer of certain records\n\t(1)\tThe following records in the custody of the Panel immediately before the commencement day will, on the commencement day or as soon as is reasonably practicable after the commencement day, be placed in the custody of ECA:\n\t(a)\trecords relating to a contract or agreement of a kind referred to in section 16(1);\n\t(b)\trecords which are relevant to the last annual report that the Panel would have been required to prepare (see section 17(1)) (including records relating to the last financial statements referred to in section 17(2)).\n\t(2)\tRecords relating to the last financial statements of the Panel placed in the custody of ECA under this section must be kept available for the purposes of section 17(2).\n19—Immunity from liability\n\t(1)\tDespite the repeal of section 40 of the Australian Energy Market Commission Establishment Act 2004, no personal liability attaches to a person who was, immediately before the commencement day, a Panel member or member of the staff of the Panel for an act or omission in good faith in the performance or exercise, or purported performance or exercise, before the commencement day, of a function or power associated with the activities of the Panel.\n\t(2)\tA liability that would, but for subsection (1), lie against a person lies instead against the AEMC.\n20—Other provisions\n\t(1)\tNothing done under this Division—\n\t(a)\tconstitutes a breach of contract or confidence, or other civil wrong; or\n\t(b)\tplaces a person in breach of, or constitutes a default under—\n\t(i)\ta statutory or non‑statutory law or obligation; or\n\t(ii)\ta provision in an agreement, arrangement or understanding including (for example) a provision prohibiting, restricting or regulating the assignment, transfer, sale or disposal of property or the disclosure of information; or\n\t(c)\tfulfils a condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, an agreement or obligation; or\n\t(d)\tgives rise to a remedy for a party to a contract or instrument because of a change in the beneficial or legal ownership of property; or\n\t(e)\tavoids a contract or instrument or renders it unenforceable; or\n\t(f)\tfrustrates a contract; or\n\t(g)\treleases any surety or other obligor wholly or in part from any obligation.\n\t(2)\tThe transfer of a liability of the AEMC or the Panel to ECA under this Division releases the AEMC or the Panel from the liability.\nAustralian Energy Market Commission Establishment (Governance) Amendment Act 2017\n9—Transitional provision\n\t(1)\tA Commissioner holding office immediately before the commencement of this section will continue in office after the commencement of this section (but only for the balance of the term for which the Commissioner was appointed).\n\t(2)\tNothing in subsection (1) is to be taken to affect the power of the Governor to remove a Commissioner from office under section 13(2) of the Australian Energy Market Commission Establishment Act 2004.\nHistorical versions\n1.7.2008\n\n1.7.2009\n\n1.2.2010\n\n1.7.2012\n\n30.1.2015\n\n19.12.2017\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The Act as originally enacted established the AEMC and set out its core structure and functions. Subsequent amendments and transitional provisions materially changed scope and operational arrangements. Notable scope changes supported in the text and legislative history include:\n\n- Transfer of consumer advocacy and related funding functions out of the AEMC to Energy Consumers Australia (ECA) via the Statutes Amendment (Energy Consumers Australia) Act 2014 and associated transitional provisions (see legislative history and transitional schedules). That moved grant‑making and advocacy funding decision‑making from a Panel under the AEMC to a separate company (ECA), changing who spends and controls those funds.\n- Governance changes in the Australian Energy Market Commission Establishment (Governance) Amendment Act 2017 (referenced in the legislative history) amended appointment, acting appointment and quorum/voting rules (ss12–15, s21 amendments), altering governance mechanics compared with earlier versions.\n- Progressive extension of the Act’s cross‑jurisdictional remit and explicit inclusion of National Gas and National Energy Retail law definitions (amendments in 2008, 2011 and 2021), broadening the catalogue of ‘National Energy Laws’ the AEMC implements or interacts with (s3 definitions and legislative history).\n- Removal of certain Parts and restructuring over time (Parts 3 and 4 deleted by the 2014 amendments), which changed statutory arrangements for panels and some internal AEMC functions.\n- Statutory exemptions from State public sector accountability and procurement regimes (s48) introduced or clarified by amendments, which changed the degree to which State administrative controls apply to the AEMC.\n\nTaken together, these amendments shifted some operational functions (especially consumer advocacy funding), adjusted governance and appointment mechanics, and broadened the AEMC’s statutory interactions with national energy laws. The original purpose—creating a national rule‑making and advisory commission—remains, but the institutional perimeter and governance arrangements have evolved significantly since enactment."},"complexity_factors":["Extensive interpretation/definitions section (s3) with approximately 22 distinct defined terms and many cross‑references to National Electricity, Gas and Retail laws and application Acts","Multiple cross‑references to external National Energy Laws and jurisdictional Acts (requires reading those instruments to see full effect)","Appointment and nomination rules with super‑majority requirement (two‑thirds of eligible MCE Ministers) and conditional vacancy rules (ss12–15)","Nested acting‑appointment and vacancy provisions (s14 and s13(4)) creating conditional processes for filling and collapsing offices","Several exceptions and exclusions (eg. Public Sector Acts and State Procurement Act s48) that remove default administrative regimes","Transitional provisions and numerous historical amendments (2007, 2008, 2009, 2011, 2014, 2017, 2021) that have added, removed or reallocated Parts (eg. Parts 3–4 deleted in 2014), increasing interpretive complexity","Conditional confidentiality and FOI carve‑outs (s24 and s24(9)) and regulation‑making powers (s49) that create discretion and require checking subsidiary instruments"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes the Australian Energy Market Commission (AEMC) as a corporate body with perpetual succession and capacity to sue and be sued (s5).\n- Gives the AEMC rule‑making, market‑development and advisory functions under national and state/territory energy laws, and any other functions conferred on it (s6). It may act inside or outside South Australia (s7).\n- Requires the AEMC to have regard to objectives set out in National Energy Laws when performing its functions (s8).\n- Provides organisational rules: membership (3–5 Commissioners), appointment process, terms (up to 5 years, eligible for reappointment), acting appointments, removal grounds, and vacancy rules (ss12–15). The Chair and other Commissioners must be nominated by at least two‑thirds of eligible MCE Ministers before appointment (s12). The Governor appoints Commissioners on the Minister’s recommendation, with terms and conditions as recommended by the MCE (s13, s13(1a)).\n- Establishes internal staff arrangements: a chief executive and other staff appointed by the AEMC, delegation powers, consultant engagement, and immunity for acts done in good faith (ss16–20, s18).\n- Sets meeting, quorum and voting rules for decision‑making (s21). A quorum is half the Commissioners (rounded down) plus one; decisions are by majority and the Chair has a casting vote (s21(4)–(6)).\n- Allows the AEMC to publish statements, reports and guidelines and to enter into and publish Memoranda of Understanding to coordinate with other bodies (ss10–11).\n- Imposes confidentiality duties for information received in confidence or obtained under compulsion; allows some disclosures required by law or to prescribed bodies; and provides that information classified confidential under a National Energy Law is not subject to the State Freedom of Information Act (s24, s24(9)).\n- Requires an annual performance plan/budget to be submitted to the Minister, audited accounts and an annual report to the Minister and Parliament (ss25–27).\n- Exempts the AEMC and its staff from certain State public sector laws and excludes the State Procurement Act from applying to AEMC operations (s48).\n- Gives the Governor regulation‑making power to support the Act and transitional provisions for later amendments (s49 and legislative history).\n\n**Who this affects**\n\n- The AEMC itself (as the body set up and governed by the Act) and its Commissioners and staff (ss5, 12–17).\n- National and jurisdictional energy law regimes and the MCE (Ministerial Council or equivalent) because the AEMC performs rule‑making and advisory functions under those laws (s6, s8, s9(2)).\n- Market participants and stakeholders subject to rules made or changed by the AEMC, because the AEMC’s rule‑making and market‑development functions affect how energy markets operate (s6).\n- Bodies and persons who receive information from the AEMC: confidentiality rules (s24) and the FOI exclusion for information classified confidential under National Energy Law (s24(9)) affect access to information.\n- Entities involved in consumer advocacy and funding arrangements, because the Act and its amendments moved some advocacy funding functions to Energy Consumers Australia (ECA) by transitional provisions (see legislative history and transitional schedules from the 2014 amendment).\n\n**Why it matters (stated purpose and mechanical implications)**\n\n- Stated purpose: the Act creates an independent commission responsible for national energy rule‑making, market development and advice to the national ministerial grouping (MCE) (s5–6). That centralises the technical functions of making and developing rules that govern electricity and gas markets across jurisdictions.\n\n- Testing that purpose against costs, incentives and trade‑offs:\n  - Decision authority and appointment: Commissioners must be nominated by at least two‑thirds of eligible MCE Ministers before appointment (s12). That design requires broad inter‑jurisdictional agreement to fill senior roles (concentrated decision power among national/State/Territory Ministers) and may slow appointments but supports cross‑jurisdictional legitimacy for national rule‑making.\n  - Independence vs political control: the AEMC is explicitly not subject to ministerial direction by the State Minister (s9(1)). However, the Act preserves the MCE’s ability to give directions under National Energy Laws (s9(2)). Practically, the AEMC has operational independence but remains connected to political oversight at the national ministerial level (potentially creating a split in accountability between State and national actors).\n  - Administrative burden and transparency: the AEMC self‑manages staff appointments, procurement and employment conditions (ss16–17), and the State’s Public Sector Acts and Procurement Act do not apply to it (s48). That reduces State administrative constraints on AEMC operations but also reduces some layers of State oversight (concrete trade‑off: lower administrative friction vs fewer state‑level checks). Confidentiality rules and a specific exclusion from State FOI for information confidential under National Energy Law (s24(9)) limit public access to certain material.\n  - Implementation and coordination costs: the AEMC’s jurisdictional remit relies heavily on cross‑reference to National Electricity, Gas and Retail Laws and rules (s3 definitions, s6). That creates a dependence on multi‑jurisdictional legislative alignment and on the MCE’s procedures for nominations and directions; this generates coordination risk and the need for inter‑governmental processes.\n  - Funding and accountability: the AEMC must prepare a performance plan and budget for the Minister and is audited by the Auditor‑General (ss25–26). The Act requires reporting to the MCE and Parliament (s27). The Act itself does not set specific funding sources in the main body displayed here; past amendments and transitional provisions reallocated consumer advocacy funding to Energy Consumers Australia (2014 amendments), showing that some funding functions have been restructured by later laws (see legislative history).\n\n**Concrete behavioural effects**\n\n- Creates a statutory body that makes and advises on market‑governing rules across jurisdictions (s5–6).\n- Shifts some consumer advocacy grant functions out of the AEMC into a separate entity (ECA) by amendment/transitional provisions (2014) — changing who decides and spends those funds.\n- Concentrates appointment nomination power in the MCE’s eligible Ministers requiring a two‑thirds threshold (s12), which affects how Commissioners are chosen and the political coalitions needed to change leadership.\n- Limits applicability of certain State public sector accountability and procurement laws to the AEMC (s48), changing administrative obligations for the Commission.\n\n**Key sections to look at for specifics**: establishment and powers (s5), functions (s6), independence (s9), appointments and nominations (ss12–15), confidentiality and FOI limitation (s24), budget/audit/reporting (ss25–27), and the exemptions from State public sector and procurement laws (s48)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2004 purpose of establishing the AEMC for electricity market rules. Major expansions include: (1) 2007 amendments adding Part 3 (Consumer Advocacy Panel) and Part 4 (funding/consumer advocacy functions) — later repealed in 2014 but leaving transitional debris; (2) 2008 amendments incorporating gas markets via National Gas Law references; (3) 2011 amendments adding National Energy Retail Law for consumer retail markets; (4) 2014 amendments removing consumer advocacy functions to Energy Consumers Australia; (5) 2017 governance amendments restructuring appointment processes. The Act is now a 'shell statute' that primarily establishes the AEMC corporate structure while delegating all substantive regulatory content to external National Energy Laws, making it a node in a much larger national scheme rather than a standalone statute."},"complexity_factors":["Extensive cross-referencing to external legislative schemes — the Act defines itself largely by reference to National Electricity Law, National Gas Law, and National Energy Retail Law, creating a web of interdependent statutes across multiple jurisdictions","27 defined terms in section 3, many of which are themselves complex legislative references (e.g., 'National Energy Law' has 12 sub-paragraphs covering multiple statutes)","Sophisticated appointment mechanics requiring two-thirds majority of eligible MCE Ministers for key appointments (sections 12, 14), including rounding-up rules for fractional calculations (section 3(3))","Conditional vacancy-filling logic in section 13(4) that varies based on current Commissioner count and which position is vacant","Multiple transitional schedules preserving historical amendments (2007 Consumer Advocacy Panel, 2014 Energy Consumers Australia transfer, 2017 governance changes) that create parallel historical obligations","Exemption provisions removing standard public sector accountability laws (section 48 excludes Public Sector Act, Honesty and Accountability Act, and State Procurement Act)","Nested confidentiality framework (section 24) with 9 subsections creating authorised disclosure pathways through regulations and specific statutory permissions"],"plain_english_summary":"This South Australian law creates the **Australian Energy Market Commission (AEMC)** — a national body that makes the rules for Australia's electricity and gas markets.\n\n**What it does:**\n- **Establishes the AEMC** as an independent, corporate body that can sue and be sued, with its own staff and budget\n- **Gives it rule-making power** — the AEMC writes the legally binding rules that govern how electricity and gas markets operate across Australia (covering the National Electricity Rules, National Gas Rules, and National Energy Retail Rules)\n- **Sets up its governance** — the Commission has 3-5 members (Commissioners), including a Chairperson, all nominated by a two-thirds majority of energy ministers from across Australia (the MCE — Ministerial Council on Energy)\n- **Guarantees independence** — the AEMC can't be directed by any single minister, though the collective ministerial council (MCE) can give it directions under other energy laws\n- **Provides accountability** — the AEMC must publish annual reports, keep proper accounts audited by the Auditor-General, and prepare performance plans\n\n**Who it affects:**\n- **Energy businesses** — generators, networks, retailers who must follow AEMC rules\n- **Consumers** — indirectly, through the rules governing energy prices and reliability\n- **Governments** — the AEMC advises the national energy ministers' council (MCE)\n\n**Why it matters:**\nThis is the foundational law that enables national energy market regulation. Without it, there would be no single body to coordinate electricity and gas rules across state borders. The law has been amended several times to expand the AEMC's remit — originally just electricity, then gas (2008), then energy retail (2011), and various governance tweaks. Notably, consumer advocacy functions were added in 2007 then removed in 2014 (handed to Energy Consumers Australia)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed as the legislative text was not available for review. The submission returned a 'Page Not Found' error from the South Australian legislation website, likely due to a website restructure on 24 March 2026."},"complexity_factors":["No legislative text was retrievable — the submission contains only a website error page, not actual legislation","Unable to assess provisions, definitions, cross-references, or operative clauses","Complexity score of 1 reflects the absence of analysable content, not the simplicity of the underlying Act"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text you've submitted **did not load successfully**. Instead of the actual content of the *Australian Energy Market Commission Establishment Act 2004* (South Australia), the page returned a **'Page Not Found' error** from the South Australian legislation website.\n\n### What we do know from the title:\nThe *Australian Energy Market Commission Establishment Act 2004* is the South Australian law that helped create the **Australian Energy Market Commission (AEMC)** — the body responsible for making and changing the rules that govern how energy (electricity and gas) is bought, sold, and distributed across Australia's national energy market.\n\n**Who it affects:** Energy companies, network operators, retailers, and ultimately — every household and business that pays an energy bill.\n\n**Why it matters:** The AEMC sets the rules of the energy market, so its establishment legislation determines how it operates, who it answers to, and what powers it has.\n\n> ⚠️ **Note:** A full legal analysis cannot be completed because the actual legislative text was not available. The source URL appears to be broken following a website update on 24 March 2026. To access the Act, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name."}},"importantCases":[],"_links":{"self":"/api/acts/australian-energy-market-commission-establishment-act-2004","history":"/api/acts/australian-energy-market-commission-establishment-act-2004/history","analysis":"/api/acts/australian-energy-market-commission-establishment-act-2004/analysis","conflicts":"/api/acts/australian-energy-market-commission-establishment-act-2004/conflicts","importantCases":"/api/acts/australian-energy-market-commission-establishment-act-2004/important-cases","documents":"/api/acts/australian-energy-market-commission-establishment-act-2004/documents"}}