{"id":"a-1997-79","name":"Electricity (National Scheme) Act 1997","slug":"electricity-national-scheme-act-1997","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"79 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23488,"registerId":"act-a-1997-79-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity (National Scheme) Act 1997","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nElectricity (National Scheme) Act 1997\nA1997-79\nRepublication No 4\nEffective: 2 July 2017\nRepublication date: 2 July 2017\nLast amendment made by A2012-32\n(republication for expiry of transitional provisions (pt 4))\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Electricity (National Scheme) Act 1997 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 July 2017.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 2 July 2017.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n02/07/17\nElectricity (National Scheme) Act 1997\nEffective: 02/07/17\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nElectricity (National Scheme) Act 1997\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Terms used in National Electricity (ACT) Law 2\n4 Extraterritorial operation 2\nPart 2 National Electricity (ACT) Law and National\nElectricity (ACT) Regulation\n5 Application in ACT of National Electricity Law 4\n6 Application of regulations under National Electricity Law 4\n7 Interpretation of certain expressions 5\nPart 3 Miscellaneous\n8 Regulation-making power 6\n\nContents\nPage\ncontents 2 Electricity (National Scheme) Act 1997\nEffective: 02/07/17\nR4\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 7\nEndnotes\n1 About the endnotes 8\n2 Abbreviation key 8\n3 Legislation history 9\n4 Amendment history 10\n5 Earlier republications 11\n6 Expired transitional or validating provisions 11\n\nR4\n02/07/17\nElectricity (National Scheme) Act 1997\nEffective: 02/07/17\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nElectricity (National Scheme) Act 1997\nAn Act to make provision for the operation of a national electricity market, and\nfor related purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Electricity (National Scheme) Act 1997\nEffective: 02/07/17\nR4\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Electricity (National Scheme) Act 1997.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n3A Terms used in National Electricity (ACT) Law\nA term used in the National Electricity (ACT) Law has the same\nmeaning in this Act.\n4 Extraterritorial operation\nIt is the intention of the Legislative Assembly that the operation of\nthis Act, the National Electricity (ACT) Law and the National\nElectricity (ACT) Regulation should, so far as possible, include\noperation in relation to the following:\n(a) land situated outside the ACT, whether in or outside Australia;\n(b) things situated outside the ACT, whether in or outside\nAustralia;\n\nPreliminary Part 1\nSection 4\nR4\n02/07/17\nElectricity (National Scheme) Act 1997\nEffective: 02/07/17\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) acts, transactions and matters done, entered into or happening\noutside the ACT, whether in or outside Australia;\n(d) things, acts, transactions and matters (wherever situated, done,\nentered into or happening) that would, apart from this Act, be\ngoverned or otherwise affected by the law of the\nCommonwealth, a State, another Territory or a foreign country.\n\nPart 2 National Electricity (ACT) Law and National Electricity (ACT) Regulation\nSection 5\npage 4 Electricity (National Scheme) Act 1997\nEffective: 02/07/17\nR4\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 National Electricity (ACT) Law\nand National Electricity (ACT)\nRegulation\n5 Application in ACT of National Electricity Law\nThe National Electricity Law set out in the National Electricity\n(South Australia) Act 1996 (SA), schedule, as in force for the time\nbeing—\n(a) applies as if it were an Act passed by the Legislative\nAssembly; and\n(b) as so applying may be referred to as the National Electricity\n(ACT) Law.\n6 Application of regulations under National Electricity Law\nThe regulations in force for the time being under the National\nElectricity (South Australia) Act 1996 (SA), part 4, as in force for\nthe time being—\n(a) apply as regulations in force for the National Electricity (ACT)\nLaw; and\n(b) as so applying may be referred to as the National Electricity\n(ACT) Regulation.\n\nNational Electricity (ACT) Law and National Electricity (ACT) Regulation Part 2\nSection 7\nR4\n02/07/17\nElectricity (National Scheme) Act 1997\nEffective: 02/07/17\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Interpretation of certain expressions\n(1) In the National Electricity (ACT) Law and the National Electricity\n(ACT) Regulation:\nLegislature of this jurisdiction means the Legislative Assembly.\nthe jurisdiction or this jurisdiction means the Territory.\nthe National Electricity Law or this Law means the National\nElectricity (ACT) Law.\n(2) The Acts Interpretation Act 1915 (SA), and other Acts of South\nAustralia, do not apply to—\n(a) the National Electricity (ACT) Law; and\n(b) the regulations in force for the time being under the National\nElectricity (South Australia) Act 1996 (SA), part 4 in their\napplication as regulations in force for the purposes of the\nNational Electricity (ACT) Law.\n\nPart 3 Miscellaneous\nSection 8\npage 6 Electricity (National Scheme) Act 1997\nEffective: 02/07/17\nR4\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Miscellaneous\n8 Regulation-making power\nThe Executive may make regulations that the National Electricity\n(ACT) Law contemplates be made under this Act.\nNote A regulation must be notified, and presented to the Legislative\nAssembly, under the Legislation Act.\n\nDictionary\nR4\n02/07/17\nElectricity (National Scheme) Act 1997\nEffective: 02/07/17\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n Act\n Commonwealth\n Legislative Assembly\n Minister (see s 162)\n provision (see s 16)\n Supreme Court\n the Territory\n under.\nNational Electricity (ACT) Law means the provisions applying\nbecause of section 5.\nNational Electricity (ACT) Regulations means the provisions\napplying because of section 6.\n\nEndnotes\n1 About the endnotes\npage 8 Electricity (National Scheme) Act 1997\nEffective: 02/07/17\nR4\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR4\n02/07/17\nElectricity (National Scheme) Act 1997\nEffective: 02/07/17\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nElectricity (National Scheme) Act 1997 A1997-79\nnotified 25 November 1997 (Gaz 1997 No S360)\ns 1, s 2 commenced 25 November 1997 (s 2 (1))\nremainder commenced 13 December 1998 (s 2 (2) and Gaz 1998\nNo S209)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 124\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 124 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.8\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.8 commenced 11 January 2006 (s 2 (1))\nNational Energy Retail Law (Consequential Amendments) Act 2012\nA2012-32 pt 6\nnotified LR 14 June 2012\ns 1, s 2 commenced 14 June 2012 (LA s 75 (1))\npt 6 commenced 1 July 2012 (s 2 (1) and see National Energy Retail\nLaw (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)\n\nEndnotes\n4 Amendment history\npage 10 Electricity (National Scheme) Act 1997\nEffective: 02/07/17\nR4\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2005-62 amdt 3.114\nDictionary\ns 2 om A2001-44 amdt 1.1453\nins A2005-62 amdt 3.114\nNotes\ns 3 sub A2005-62 amdt 3.114\nTerms used in National Electricity (ACT) Law\ns 3A ins A2005-62 amdt 3.114\nInterpretation of certain expressions\ns 7 am A2005-62 amdt 3.115\nMiscellaneous\npt 3 hdg ins A2012-32 s 37\nRegulation-making power\ns 8 ins A2012-32 s 37\nTransitional—National Energy Retail Law\npt 4 hdg ins A2012-32 s 37\nexp 1 July 2017 (s 12)\nValidation of instruments and decisions made by AER\ns 9 ins A2012-32 s 37\nexp 1 July 2017 (s 12)\nAER—authorisation of preparatory steps\ns 10 ins A2012-32 s 37\nexp 1 July 2017 (s 12)\nTransitional regulations\ns 11 ins A2012-32 s 37\nexp 1 July 2017 (s 12)\nExpiry—pt 4\ns 12 ins A2012-32 s 37\nexp 1 July 2017 (s 12)\nDictionary\ndict ins A2005-62 amdt 3.116\ndef National Electricity (ACT) Law ins A2005-62 amdt 3.116\ndef National Electricity (ACT) Regulations ins A2005-62\namdt 3.116\n\nEndnotes\nEarlier republications 5\nR4\n02/07/17\nElectricity (National Scheme) Act 1997\nEffective: 02/07/17\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n19 Apr 2002\n19 Apr 2002–\n10 Jan 2006\nA2001-44 amendments by\nA2001-44\nR2\n11 Jan 2006\n11 Jan 2006–\n30 June 2012\nA2005-62 amendments by\nA2005-62\nR3\n1 July 2012\n1 July 2012–\n1 July 2017\nA2012-32 amendments by\nA2012-32\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have\nexpired. The expiry does not affect any continuing operation of the provisions\n(see Legislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’\nfollowed by the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2017","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s statutory mechanism has been altered since first enacted: the amendment history shows insertions and amendments that affect scope and structure (for example, section 3A was inserted in 2005 and section 8 (the regulation-making power) was inserted in 2012). The republication notes and amendment history also record a transitional Part 4 (added in 2012) that contained provisions with expiry dates (expired 1 July 2017). These changes modified how the National Electricity Law and Regulations are applied in the ACT (see amendment history and the sections cited: s 3A, s 8, and the amendment history/endnotes)."},"complexity_factors":["Incorporation by reference of another jurisdiction’s statute and its regulations (s 5–6) — requires readers to consult external texts for substantive rules.","Cross-jurisdictional interpretive mapping (s 7(1)) — certain expressions are redefined for ACT application, affecting legal interpretation.","Exclusion of South Australian interpretation legislation (s 7(2)) — changes ordinary interpretive tools and may create ambiguity about applicable interpretive rules.","Extraterritorial application intent (s 4) — expands scope beyond Territory borders, increasing factual and legal complexity.","Delegated regulation-making power tied to the applied law (s 8) — creates layers of subordinate instruments to check.","Amendment and transitional history (endnotes/amendment history) — the Act has been amended and contains expired transitional provisions, so one must check historical versions for prior effects."],"plain_english_summary":"What this law does, mechanically\n\n- This Act makes the South Australian National Electricity Law (set out in the National Electricity (South Australia) Act 1996 (SA), schedule) and the regulations made under that South Australian law apply in the Australian Capital Territory (ACT) as if those South Australian provisions were laws passed by the ACT Legislative Assembly. (See s 5 and s 6.)\n\n- It also maps a small set of expressions used in the applied law to ACT-specific meanings (for example, mapping “Legislature of this jurisdiction” to the ACT Legislative Assembly and “the jurisdiction” to the Territory) and excludes the South Australian Acts Interpretation Act 1915 and other South Australian Acts from applying to the National Electricity (ACT) Law and the corresponding regulations when they operate in the ACT. (See s 7(1)–(2).)\n\n- The Act expresses the Legislative Assembly’s intention that the law should, so far as possible, operate extraterritorially — covering land, things, acts and transactions outside the ACT (including outside Australia) where relevant. (See s 4.)\n\n- The ACT Executive may make regulations that the National Electricity (ACT) Law contemplates should be made under this Act. That is the delegated power to make ACT regulations tied to the applied National Electricity Law. (See s 8.)\n\nOfficial rationale stated in the Act\n\n- The long title describes the Act as “an Act to make provision for the operation of a national electricity market, and for related purposes.” That is the statutory description of purpose.\n\nHow this works in practice — who decides, who follows the rules, and where the costs fall\n\n- Who decides: the Legislative Assembly authorised the mechanism (by passing this Act) and the Executive has power to make any ACT regulations that the applied National Electricity Law contemplates. Day-to-day regulation and rule changes come from the National Electricity Law and its regulations as they operate in the ACT (s 5–6, s 8).\n\n- Who is required to comply: persons, businesses and activities in the ACT that fall within the scope of the National Electricity (ACT) Law and its Regulations must comply with those provisions as if they were ACT law (s 5–6). The Act itself does not list specific market participants; it makes the external law applicable in the Territory.\n\n- Where costs and compliance burdens arise: compliance costs, administrative obligations and any penalties established by the applied National Electricity Law and Regulations will fall on the parties that the applied law governs when it is in force in the ACT (s 5–6). The Act shifts the locus of obligation to the ACT legal framework by incorporation of the external law.\n\nIncentives, discretion and implementation trade-offs (text-based observations)\n\n- Incorporation by reference (s 5–6) minimises the need for the ACT to re‑draft detailed electricity market rules; it centralises rule content in the applied National Electricity Law and Regulations. The trade-off is reliance on an external text for substantive rules: updates to that external law or its regulations change the law operating in the ACT as they come into force.\n\n- The Executive’s power to make regulations (s 8) creates a point of ACT-level discretion about how the National Electricity Law’s regulation-making requirements are implemented in the Territory. Those regulations must be notified and presented to the Legislative Assembly under the Legislation Act (note to s 8).\n\n- The Act’s express extraterritorial intent (s 4) extends the legal reach to conduct and property outside the Territory where the applied law is relevant. That increases the range of activities and persons that may be caught by the ACT application of the National Electricity Law.\n\n- The interpretive substitutions and the exclusion of South Australian interpretation Acts (s 7) change how the applied law is read in the ACT: certain South Australian interpretive rules do not apply, and specified expressions are given ACT meanings. That affects legal interpretation and therefore compliance and enforcement outcomes.\n\nPractical implications and implementation risks\n\n- Because the Act incorporates external law and regulations rather than restating them, anyone seeking to know the substantive legal obligations must read the National Electricity (South Australia) Act 1996 (SA) schedule (as applied) and the standing regulations it brings into force in the ACT (s 5–6).\n\n- Administrative cost and compliance burdens are borne by those subject to the applied law; the Act establishes who must follow the rules but not the substantive details of those rules (s 5–6).\n\n- The combination of extraterritorial reach (s 4), reliance on an external law (s 5–6) and delegated regulation-making (s 8) concentrates decision-making about substantive electricity market rules outside the Act itself. That reduces drafting duplication but raises dependence on inter-jurisdictional coordination for any future changes to market rules.\n\nSource references: relevant provisions cited above are sections 4–8 (and the definitions in the Dictionary) and the Act’s long title."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains a pure 'application statute' — its sole purpose has always been to adopt the National Electricity Law and Regulations into the ACT. While amendments have updated terminology and added transitional provisions (now expired), the scope has not expanded beyond this mechanical adoption function. The Act does not regulate electricity directly; it merely imports the South Australian scheme."},"complexity_factors":["Extremely short — only 8 operative sections plus a dictionary","No substantive regulatory content in the Act itself; all complexity is 'outsourced' to the adopted South Australian law","Minimal defined terms (only 2 in the dictionary: 'National Electricity (ACT) Law' and 'National Electricity (ACT) Regulations')","Simple mechanical provisions: adoption by reference (s 5-6), terminology mapping (s 7), and extraterritoriality (s 4)","No nested exceptions, conditional triggers, or elaborate cross-referencing within the Act itself","Single regulation-making power (s 8) with no constraints or conditions specified"],"plain_english_summary":"This is a short 'application Act' that brings the national electricity market rules into force in the Australian Capital Territory (ACT).\n\n**What it does:**\n- **Adopts South Australia's law:** It takes the National Electricity Law (which is actually written in South Australian legislation) and applies it as if the ACT Legislative Assembly had passed it itself. This is called a 'template' or 'mirror' law approach — South Australia wrote the detailed rules, and other states/territories just 'switch them on' locally.\n- **Brings in the regulations:** It also applies the regulations made under that South Australian Act to the ACT.\n- **ACT-specific tweaks:** It swaps out certain words so the law makes sense locally — for example, 'the jurisdiction' means the ACT, and 'Legislature of this jurisdiction' means the ACT Legislative Assembly.\n- **Extra reach:** It explicitly states that the law applies to things happening outside the ACT (even overseas) if they affect the national electricity market.\n- **Rule-making power:** It lets the ACT Executive (basically, the government) make regulations when the national law expects local regulations.\n\n**Who it affects:**\n- Electricity generators, networks (poles and wires), retailers, and large customers operating in the ACT.\n- Anyone trading electricity across state borders, since the ACT is part of the National Electricity Market (NEM).\n\n**Why it matters:**\nWithout this Act, the ACT wouldn't be part of Australia's national electricity grid. The Act ensures ACT consumers and businesses operate under the same market rules as the rest of the eastern states (NSW, Victoria, Queensland, SA, Tasmania). It's essentially the 'on switch' that connects the ACT to the national system."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-national-scheme-act-1997","history":"/api/acts/electricity-national-scheme-act-1997/history","analysis":"/api/acts/electricity-national-scheme-act-1997/analysis","conflicts":"/api/acts/electricity-national-scheme-act-1997/conflicts","importantCases":"/api/acts/electricity-national-scheme-act-1997/important-cases","documents":"/api/acts/electricity-national-scheme-act-1997/documents"}}