{"id":"C2025A00059","name":"Competition and Consumer Amendment (Australian Energy Regulator Separation) Act 2025","slug":"competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"59 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436443,"registerId":"C2025A00059-fast-fetch-1775953643244","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer Amendment (Australian Energy Regulator Separation) Act 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nCompetition and Consumer Amendment (Australian Energy Regulator Separation) Act 2025\n\nNo. 59, 2025\n\n \n\n \n\n \n\n \n\n \n\nAn Act to separate the Australian Energy Regulator from the Australian Competition and Consumer Commission, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Main amendments\n\nCompetition and Consumer Act 2010\n\nSchedule 2—Application, saving and transitional provisions\n\nPart 1—Preliminary\n\nPart 2—Application, saving and transitional provisions\n\nPart 3—Transitional rules\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nCompetition and Consumer Amendment (Australian Energy Regulator Separation) Act 2025\n\nNo. 59, 2025\n\n \n\n \n\n \n\nAn Act to separate the Australian Energy Regulator from the Australian Competition and Consumer Commission, and for related purposes\n\n[Assented to 6 November 2025]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Competition and Consumer Amendment (Australian Energy Regulator Separation) Act 2025.\n\n2  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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act 1 July 2026. 1 July 2026\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Main amendments\n\n \n\nCompetition and Consumer Act 2010\n\n1  After subsection 6A(1)\n\nInsert:\n\n (1AA) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n\n (a) the Commission is a listed entity; and\n\n (b) the Chairperson is the accountable authority of the Commission; and\n\n (c) the following persons are officials of the Commission:\n\n (i) the Chairperson;\n\n (ii) the other members of the Commission;\n\n (iii) the associate members of the Commission;\n\n (iv) persons engaged under section 27; and\n\n (d) the purposes of the Commission include the functions conferred on the Commission by this Act.\n\n2  Section 8AB\n\nRepeal the section.\n\n3  After section 28\n\nInsert:\n\n28A  Function of Commission in relation to providing resources to the AER\n\n  In addition to any other functions conferred on the Commission, the Commission may provide the AER with supports and resources (including corporate and information technology resources) to assist in the administration of the AER.\n\n4  Section 44AB\n\nInsert:\n\nAER State/Territory energy law means any of the following laws:\n\n (a) a uniform energy law that applies as a law of a State or Territory;\n\n (b) a law of a State or Territory that applies a law mentioned in paragraph (a) as a law of its own jurisdiction;\n\n (c) any other provisions of a law of a State or Territory that:\n\n (i) relate to energy; and\n\n (ii) are prescribed by the regulations for the purposes of this paragraph;\n\n  being those provisions as in force from time to time.\n\n5  After subsection 44AE(1)\n\nInsert:\n\n (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n\n (a) the AER is a listed entity; and\n\n (b) the AER members are the accountable authority of the AER; and\n\n (c) the following persons are officials of the AER:\n\n (i) the AER members;\n\n (ii) the staff of the AER referred to in section 44AAC;\n\n (iii) persons assisting the AER referred to in section 44AACA;\n\n (iv) consultants engaged under section 44AACB; and\n\n (d) the purposes of the AER include the functions of the AER under Division 3 of this Part.\n\n6  Paragraph 44AE(3)(a)\n\nBefore “not to be”, insert “to be a non‑corporate Commonwealth entity, and”.\n\n7  Paragraph 44AE(3)(b)\n\nOmit “, and a part of the Commission”.\n\n8  Sections 44AI to 44AJ\n\nOmit “a State/Territory energy law” (wherever occurring), substitute “an AER State/Territory energy law”.\n\n9  Section 44AK (heading)\n\nOmit “a State/Territory energy law”, substitute “an AER State/Territory energy law”.\n\n10  Section 44AK\n\nOmit “a State/Territory energy law”, substitute “an AER State/Territory energy law”.\n\n11  Subsection 44AM(1) (note)\n\nRepeal the note.\n\n12  Subsection 44AP(1) (note)\n\nRepeal the note.\n\n13  Subsection 44AY(3) (note)\n\nRepeal the note.\n\n14  Subdivision B of Division 4 of Part IIIAA\n\nRepeal the Subdivision, substitute:\n\nSubdivision B—Staff of the AER etc.\n\n44AAC  Staff of the AER\n\n (1) The staff of the AER must be persons engaged under the Public Service Act 1999.\n\n (2) For the purposes of the Public Service Act 1999:\n\n (a) the AER Chair and the APS employees assisting the AER Chair together constitute a Statutory Agency; and\n\n (b) the AER Chair is the Head of that Statutory Agency.\n\n44AACA  Persons assisting the AER\n\n (1) The AER may be assisted by:\n\n (a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the AER in connection with the performance of any of the AER’s functions; and\n\n (b) persons whose services are made available under arrangements made under subsection (2).\n\n (2) The AER may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:\n\n (a) a State or Territory government; or\n\n (b) a State or Territory government authority;\n\nunder which the government or authority makes officers or employees available to the AER to perform services in connection with the performance of any of the AER’s functions.\n\n (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person to whom the arrangement relates.\n\n (4) When performing services for the AER under this section, a person is subject to the directions of the AER.\n\n44AACB  Consultants\n\n (1) The AER may, on behalf of the Commonwealth, engage persons to give advice to, and perform services for, the AER.\n\n (2) The terms and conditions of engagement are as determined by the AER.\n\n15  Paragraph 44AAEA(1)(c)\n\nOmit “a State/Territory energy law”, substitute “an AER State/Territory energy law”.\n\n16  Section 44AAEC (heading)\n\nOmit “a State/Territory energy law”, substitute “an AER State/Territory energy law”.\n\n17  Paragraph 44AAEC(1)(a)\n\nOmit “a State/Territory energy law”, substitute “an AER State/Territory energy law”.\n\n18  Subsection 44AAEC(10)\n\nOmit “a State/Territory energy law”, substitute “an AER State/Territory energy law”.\n\n19  Subsections 44AAEC(10) and (11)\n\nOmit “the State/Territory energy law” (wherever occurring), substitute “the AER State/Territory energy law”.\n\n20  Subparagraph 44AAF(6)(a)(i)\n\nOmit “, a person referred to in section 44AAC”.\n\n21  After subparagraph 44AAF(6)(a)(i)\n\nInsert:\n\n (ii) a member of the staff of the AER; or\n\n (iii) a person assisting the AER referred to in section 44AACA; or\n\n (iv) a consultant engaged under section 44AACB; or\n\n22  Subparagraph 44AAF(6)(a)(ii)\n\nRenumber as subparagraph (v).\n\n23  Paragraph 44AAFA(2)(c)\n\nRepeal the paragraph, substitute:\n\n (c) appear before:\n\n (i) the AER; or\n\n (ii) a specified member of the staff of the AER who is an SES employee or an acting SES employee; or\n\n (iii) a specified person assisting the AER, referred to in section 44AACA, who is an SES employee or an acting SES employee;\n\n  to give any such evidence (either orally or in writing) and produce any such documents.\n\n24  Section 44AAG\n\nOmit “a State/Territory energy law” (wherever occurring), substitute “an AER State/Territory energy law”.\n\n25  Paragraph 44AAH(b)\n\nOmit “a State/Territory energy law”, substitute “an AER State/Territory energy law”.\n\n26  Section 44AAH\n\nOmit “an SES employee, or acting SES employee, assisting the AER as mentioned in section 44AAC”, substitute “a member of the staff of the AER who is an SES employee or acting SES employee”.\n\n27  Subsection 44AAI(1)\n\nOmit “a State/Territory energy law”, substitute “an AER State/Territory energy law”.\n\n28  Part IIIAB\n\nRepeal the Part.\n\n29  Paragraph 155(1)(c)\n\nOmit “or before an associate member of the Commission who is an AER member and who is specified in the notice,”.\n\n30  After paragraph 155AAA(12)(lb)\n\nInsert:\n\n (lc) the Australian Energy Regulator;\n\n31  Paragraph 157A(1)(c)\n\nOmit “the AER or”.\n\n32  After paragraph 157A(1)(c)\n\nInsert:\n\n or (d) a member of the staff of the AER, a person assisting the AER referred to in section 44AACA or a consultant engaged under section 44AACB;\n\n33  Subsection 157A(2)\n\nOmit “paragraph (1)(c)”, substitute “paragraph (1)(d)”.\n\n34  Paragraph 158B(1)(a)\n\nOmit “before the AER or a person assisting the AER”, substitute “before the AER, a member of the staff of the AER or a person assisting the AER”.\n\n35  Paragraph 158B(1)(f)\n\nOmit “, an associate member of the Commission who is an AER member”.\n\n36  Subsection 158B(5)\n\nOmit “, the associate member of the Commission who is an AER member”.\n\nSchedule 2—Application, saving and transitional provisions\n\nPart 1—Preliminary\n\n1  Definitions\n\n(1) In this Schedule:\n\nACCC Enterprise Agreement means the Australian Competition and Consumer Commission Enterprise Agreement 2024‑2027 approved under the Fair Work Act 2009 on 28 March 2024, as in force immediately before the commencement day.\n\namending Act means the Competition and Consumer Amendment (Australian Energy Regulator Separation) Act 2025.\n\ncommencement day means 1 July 2026.\n\n(2) Expressions used in this Schedule that are defined for the purposes of the Competition and Consumer Act 2010 have the same meaning as in that Act.\n\nPart 2—Application, saving and transitional provisions\n\n2  Delegations\n\n(1) This item applies in relation to a delegation if:\n\n (a) the delegation was made under section 44AAH of the Competition and Consumer Act 2010 before the commencement day; and\n\n (b) the delegation is in force immediately before the commencement day.\n\n(2) The delegation continues in force (and may be dealt with), on and after the commencement day, as if it were a delegation made under section 44AAH of the Competition and Consumer Act 2010, as amended by the amending Act.\n\n3  Transfer of documents to the AER\n\n(1) This item applies to a document if:\n\n (a) immediately before the commencement day, the document was in the possession of the Commission; and\n\n (b) the document was:\n\n (i) given to or received by the Commission; or\n\n (ii) brought into existence;\n\n  in relation to the performance of a function of the AER under Division 3 of Part IIIAA of the Competition and Consumer Act 2010.\n\n(2) The documents may be transferred to the AER on or after the commencement day.\n\nNote: Any documents transferred are Commonwealth records for the purposes of the Archives Act 1983.\n\n4  Regulations prescribing State/Territory energy laws\n\n(1) Regulations made for the purposes of paragraph (c) of the definition of State/Territory energy law in subsection 4(1) of the Competition and Consumer Act 2010, and in force immediately before the commencement day, also have effect, during the transitional period, as if those regulations had been made for the purposes of paragraph (c) of the definition of AER State/Territory energy law in section 44AB of the Competition and Consumer Act 2010, as amended by the amending Act.\n\n(2) For the purposes of subitem (1), the transitional period is the period beginning at the start of the commencement day and ending immediately before regulations made for the purposes of paragraph (c) of the definition of AER State/Territory energy law in section 44AB of the Competition and Consumer Act 2010, as amended by the amending Act, take effect.\n\n5  Enterprise Agreement\n\n(1) The ACCC Enterprise Agreement:\n\n (a) continues, on and from the commencement day, to cover and apply to APS employees:\n\n (i) who it covered and applied to immediately before the commencement day; and\n\n (ii) who, on the commencement day, are members of the staff of the AER; and\n\n (b) covers and applies to APS employees who are at the classification levels covered by the ACCC Enterprise Agreement whose employment as a member of the staff of the AER commences on or after the commencement day.\n\n(2) On and after the commencement day, the ACCC Enterprise Agreement covers and applies to the AER Chair as the Agency Head of the APS employees who are members of the staff of the AER.\n\n(3) This item does not prevent the variation or termination of the ACCC Enterprise Agreement in accordance with law.\n\n(4) This item does not prevent the terms and conditions of employment of APS employees who are members of the staff of the AER from being varied on or after the commencement day:\n\n (a) in accordance with those terms and conditions; or\n\n (b) by or under a law.\n\n(5) This item does not affect the operation of section 58 of the Fair Work Act 2009.\n\nNote: Section 58 of that Act deals with the interaction between one or more enterprise agreements.\n\n6  References in Enterprise Agreement\n\n(1) On and from the commencement day, the ACCC Enterprise Agreement has effect in relation to the AER as if:\n\n (a) a reference to the Chairperson were a reference to the AER Chair; and\n\n (b) a reference to the Australian Competition and Consumer Commission, or the ACCC, were a reference to the AER.\n\n(2) To avoid doubt, this item does not prevent the ACCC Enterprise Agreement from being varied or terminated on or after the commencement day.\n\nPart 3—Transitional rules\n\n7  Transitional rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Schedule to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.\n\n(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the application of the ACCC Enterprise Agreement to members of the staff of the AER who are APS employees; or\n\n (b) the enactment of the amending Act.\n\n(3) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund;\n\n (e) directly amend the text of the Competition and Consumer Act 2010 or the amending Act.\n\n(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).\n\n \n\n \n\n[Minister’s second reading speech made in—\n\nSenate on 23 July 2025\n\nHouse of Representatives on 30 October 2025]\n\n(35/25)\n\n \n\n \n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the institutional scope by detaching the AER from the ACCC and recasting its legal status and internal arrangements. It establishes the AER as a listed, non‑corporate Commonwealth entity with its own accountable authority and APS staff (inserts after ss 6A(1) and 44AE(1); para 44AE(3)(a)); replaces references to 'State/Territory energy law' with 'AER State/Territory energy law' (items 4, 8–11, 15–19, 24–27); repeals Part IIIAB (item 28); and migrates operational matters (staff, delegations, documents, enterprise agreement coverage) under transitional provisions (Schedule 2 items 2–6)."},"complexity_factors":["Large number of cross‑references and term replacements across the Competition and Consumer Act (multiple amendments replacing 'State/Territory energy law' with 'AER State/Territory energy law') (items 4, 8–11, 15–19, 24–27)","Creation of a separate legal/administrative status for the AER as a non‑corporate Commonwealth listed entity with its own accountable authority and officials (inserts after ss 6A(1) and 44AE(1))","Staffing regime change tying AER staff to the Public Service Act 1999, establishing a Statutory Agency headed by the AER Chair and allowing secondments/arrangements with States (ss 44AAC, 44AACA, 44AACB)","Repeal of existing Part IIIAB and related rearrangement of powers, evidence and delegation rules (item 28; items 20–36 altering witness/delegation provisions)","Transitional and savings provisions dealing with delegations, document transfers and continuity of enterprise agreements (Schedule 2 items 2–6)","Ministerial power to make transitional rules by legislative instrument, with express limits (Schedule 2 item 7)","Operational ambiguity/risk around shared resources and support from the Commission to the AER (s 28A) and detail left to rules/regulations (Schedule 2 item 7, item 4)"],"plain_english_summary":"This Act separates the Australian Energy Regulator (AER) from the Australian Competition and Consumer Commission (ACCC), making the AER a distinct non‑corporate Commonwealth entity with its own accountable authority and APS staff. It rewords energy‑law references as “AER State/Territory energy law”, allows the Commission to provide supports to the AER (s 28A), and preserves employment arrangements and document transfers through transitional rules.\n\nIt affects ACCC and AER staff, Commonwealth administrative responsibility and parties who deal with the AER; the Commonwealth meets new administrative costs and agencies must adjust reporting, delegations and compliance arrangements."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of separating the AER from the ACCC. While it touches on employment law, public finance, and archival matters, these are necessary consequential amendments to achieve the core structural separation. The scope has not expanded beyond what is required to establish the AER as a standalone entity."},"complexity_factors":["Extensive cross-referencing to the Competition and Consumer Act 2010, Public Service Act 1999, Public Governance, Performance and Accountability Act 2013, and Fair Work Act 2009","35 individual amendment items requiring careful tracking of textual substitutions and repeals across multiple sections","Nested transitional provisions dealing with enterprise agreements, document transfers, and delegated powers spanning two separate time periods (pre- and post-commencement)","Creation of new statutory definitions (AER State/Territory energy law) that replace existing definitions across multiple sections","Complex staffing arrangements involving Statutory Agency status, SES employee classifications, and inherited enterprise agreement coverage","Conditional logic in Schedule 2 regarding which documents transfer, which delegations survive, and how employment terms convert"],"plain_english_summary":"This law formally splits the Australian Energy Regulator (AER) away from the Australian Competition and Consumer Commission (ACCC), making the AER its own independent government body.\n\n**What it does:**\n- **Creates a standalone AER**: Previously, the AER was technically part of the ACCC. This Act makes the AER a separate \"non-corporate Commonwealth entity\" with its own staff, budget, and leadership structure.\n- **Sets up new governance**: The AER Chair becomes head of a new \"Statutory Agency\" under the Public Service Act, with staff employed directly by the AER rather than borrowed from the ACCC.\n- **Clarifies financial independence**: Both the ACCC and AER become \"listed entities\" under public finance law, meaning each has its own accountable authority and budget.\n- **Updates legal references**: Changes terminology throughout energy laws, replacing references to \"State/Territory energy law\" with \"AER State/Territory energy law\" to reflect the AER's specific jurisdiction.\n- **Handles the transition**: Ensures existing staff keep their jobs and employment conditions, transfers documents and delegations to the new AER, and allows the Minister to make transitional rules for any practical hiccups during the split.\n\n**Who it affects:**\n- Energy companies regulated by the AER (electricity and gas networks, generators, retailers)\n- AER and ACCC staff (around 600-700 energy specialists move to the new standalone AER)\n- State and Territory governments that work with the AER on energy regulation\n\n**Why it matters:**\nThe AER regulates billions of dollars in energy infrastructure and consumer protections. Making it independent is meant to give energy regulation clearer focus, reduce potential conflicts with the ACCC's competition work, and reflect the AER's growth into a major economic regulator in its own right. The change is largely structural—energy consumers and businesses shouldn't notice immediate differences in how the AER operates day-to-day."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025","history":"/api/acts/competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025/history","analysis":"/api/acts/competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025/analysis","conflicts":"/api/acts/competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025/conflicts","importantCases":"/api/acts/competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025/important-cases","documents":"/api/acts/competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025/documents"}}