{"id":"qld:act-1997-027","name":"Electricity—National Scheme (Queensland) Act 1997","slug":"electricity-national-scheme-queensland-act-1997","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"27 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104681,"registerId":"qld-act-1997-027-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Electricity—National Scheme (Queensland) Act 1997.","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nAER has the meaning given in the National Electricity (Queensland) Law .\ns 3 def AER ins 2009 No. 16 s 28\nNational Electricity (Queensland) Law means the provisions applying because of section 6 .\nNational Electricity (Queensland) Regulations means the provisions applying because of section 7 .\nNational Electricity (South Australia) Act 1996 means the National Electricity (South Australia) Act 1996 of South Australia.\nWords and expressions used in this Act and also in the National Electricity (Queensland) Law have the same meanings in this Act as they have in that Law.\nSubsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.\n(sec.3-ssec.1) In this Act— AER has the meaning given in the National Electricity (Queensland) Law . s 3 def AER ins 2009 No. 16 s 28 National Electricity (Queensland) Law means the provisions applying because of section 6 . National Electricity (Queensland) Regulations means the provisions applying because of section 7 . National Electricity (South Australia) Act 1996 means the National Electricity (South Australia) Act 1996 of South Australia.\n(sec.3-ssec.2) Words and expressions used in this Act and also in the National Electricity (Queensland) Law have the same meanings in this Act as they have in that Law.\n(sec.3-ssec.3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Crown to be bound","content":"### sec.4 Crown to be bound\n\nThis Act, the National Electricity (Queensland) Law and the National Electricity (Queensland) Regulations bind the Crown, not only in right of Queensland but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Extra-territorial operation","content":"### sec.5 Extra-territorial operation\n\nIt is the intention of Parliament that the operation of this Act, the National Electricity (Queensland) Law and the National Electricity (Queensland) Regulations should, so far as possible, include operation in relation to the following—\nland situated outside Queensland, whether in or outside Australia;\nthings situated outside Queensland, whether in or outside Australia;\nacts, transactions and matters done, entered into or occurring outside Queensland, whether in or outside Australia;\nthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.\n- (a) land situated outside Queensland, whether in or outside Australia;\n- (b) things situated outside Queensland, whether in or outside Australia;\n- (c) acts, transactions and matters done, entered into or occurring outside Queensland, whether in or outside Australia;\n- (d) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"National Electricity (Queensland) Law and National Electricity (Queensland) Regulations","content":"# National Electricity (Queensland) Law and National Electricity (Queensland) Regulations","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application in Queensland of National Electricity Law","content":"### sec.6 Application in Queensland of National Electricity Law\n\nThe National Electricity Law set out in the schedule to the National Electricity (South Australia) Act 1996 , as in force for the time being—\napplies as a law of Queensland, with the modification stated in section 6A ; and\nas so applying, may be referred to as the National Electricity (Queensland) Law .\nSee, however, the Energy (Infrastructure Facilitation) Act 2024 for the application of particular provisions of the National Electricity (Queensland) Law in particular circumstances.\ns 6 amd 2014 No. 49 s 33 ; 2024 No. 15 s 186 ; 2025 No. 30 s 73 sch 1\n- (a) applies as a law of Queensland, with the modification stated in section 6A ; and\n- (b) as so applying, may be referred to as the National Electricity (Queensland) Law .","sortOrder":7},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Application of National Energy Retail Law amendments","content":"### sec.6A Application of National Energy Retail Law amendments\n\nThe amendments made to the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) start to apply in Queensland when the National Energy Retail Law , part 2 commences.\nIn this section—\nNational Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 .\ns 6A ins 2014 No. 49 s 34\n(sec.6A-ssec.1) The amendments made to the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) start to apply in Queensland when the National Energy Retail Law , part 2 commences.\n(sec.6A-ssec.2) In this section— National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application in Queensland under National Electricity Law","content":"### sec.7 Application in Queensland under National Electricity Law\n\nThe regulations in force for the time being under the National Electricity (South Australia) Act 1996 , part 4 —\napply as regulations in force for the purposes of the National Electricity (Queensland) Law ; and\nas so applying, may be referred to as the National Electricity (Queensland) Regulations.\n- (a) apply as regulations in force for the purposes of the National Electricity (Queensland) Law ; and\n- (b) as so applying, may be referred to as the National Electricity (Queensland) Regulations.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Interpretation of expressions in National Electricity (Queensland) Law and National Electricity (Queensland) Regulations","content":"### sec.8 Interpretation of expressions in National Electricity (Queensland) Law and National Electricity (Queensland) Regulations\n\nIn the National Electricity (Queensland) Law and the National Electricity (Queensland) Regulations—\nLegislature of this jurisdiction means the Parliament of Queensland.\nthe National Electricity Law or this Law means the National Electricity (Queensland) Law .\nthis jurisdiction means the State of Queensland.\nThe Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to—\nthe National Electricity Law set out in the schedule to the National Electricity (South Australia) Act 1996 in its application as a law of Queensland; or\nthe regulations in force for the time being under part 4 of the National Electricity (South Australia) Act 1996 in their application as regulations in force for the purposes of the National Electricity Law.\ns 8 amd 2005 No. 51 s 9\n(sec.8-ssec.1) In the National Electricity (Queensland) Law and the National Electricity (Queensland) Regulations— Legislature of this jurisdiction means the Parliament of Queensland. the National Electricity Law or this Law means the National Electricity (Queensland) Law . this jurisdiction means the State of Queensland.\n(sec.8-ssec.2) The Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to— the National Electricity Law set out in the schedule to the National Electricity (South Australia) Act 1996 in its application as a law of Queensland; or the regulations in force for the time being under part 4 of the National Electricity (South Australia) Act 1996 in their application as regulations in force for the purposes of the National Electricity Law.\n- (a) the National Electricity Law set out in the schedule to the National Electricity (South Australia) Act 1996 in its application as a law of Queensland; or\n- (b) the regulations in force for the time being under part 4 of the National Electricity (South Australia) Act 1996 in their application as regulations in force for the purposes of the National Electricity Law.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Attachment—National Electricity Law","content":"### sec.9 Attachment—National Electricity Law\n\nAttached to this Act is a copy of the National Electricity Law set out in the schedule to the National Electricity (South Australia) Act 1996 (the National Electricity Law ).\nThe attachment must be revised so that it is an accurate copy of the National Electricity Law as amended from time to time.\nThe revision under subsection (2) must happen in the first reprint of this Act after an amendment of the National Electricity Law.\nA copy of an Act passed by the Parliament of South Australia that amends the National Electricity Law must be tabled in the Legislative Assembly by the Minister within 14 sitting days after it receives the Royal Assent.\nA copy of any regulation made under the National Electricity (South Australia) Act 1996 , part 4 must be tabled in the Legislative Assembly by the Minister within 14 sitting days after it comes into force.\nThis section does not affect the operation of sections 6 and 7 .\ns 9 amd 2005 No. 51 s 10\n(sec.9-ssec.1) Attached to this Act is a copy of the National Electricity Law set out in the schedule to the National Electricity (South Australia) Act 1996 (the National Electricity Law ).\n(sec.9-ssec.2) The attachment must be revised so that it is an accurate copy of the National Electricity Law as amended from time to time.\n(sec.9-ssec.3) The revision under subsection (2) must happen in the first reprint of this Act after an amendment of the National Electricity Law.\n(sec.9-ssec.4) A copy of an Act passed by the Parliament of South Australia that amends the National Electricity Law must be tabled in the Legislative Assembly by the Minister within 14 sitting days after it receives the Royal Assent.\n(sec.9-ssec.5) A copy of any regulation made under the National Electricity (South Australia) Act 1996 , part 4 must be tabled in the Legislative Assembly by the Minister within 14 sitting days after it comes into force.\n(sec.9-ssec.6) This section does not affect the operation of sections 6 and 7 .","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Mount Isa–Cloncurry supply network","content":"# Mount Isa–Cloncurry supply network","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Economic regulation of Mount Isa–Cloncurry supply network from 1 July 2010","content":"### sec.10 Economic regulation of Mount Isa–Cloncurry supply network from 1 July 2010\n\nThe AER is responsible for the economic regulation under the National Electricity Rules, chapters 6 and 11, for a relevant regulatory control period, of distribution services provided by means of, or in connection with, the Mount Isa–Cloncurry supply network as if the supply network were part of the national grid.\nNational Electricity Rules, chapters 6 (Economic regulation of distribution services) and 11 (Savings and transitional rules)\nFor applying the National Electricity Rules, chapters 6 and 11—\nthe distribution services are taken to be distribution services for the National Electricity Rules; and\nthe Mount Isa–Cloncurry supply network is taken to be a distribution system.\nThe chapters apply with any necessary changes to give effect to this section.\nIn this section—\nMount Isa–Cloncurry supply network —\nmeans the supply network as defined under the Electricity Act 1994 , section 8 , other than the 220kV supply network—\nlocated in the Mount Isa–Cloncurry region; and\nowned by Ergon Energy at the commencement of this section; and\nnot connected to the national grid; and\nincludes any increase in the supply network after the commencement.\nNational Electricity Rules has the meaning given in the National Electricity (Queensland) Law .\nnational grid has the meaning given in the National Electricity Rules.\nrelevant regulatory control period means—\nthe regulatory control period, within the meaning of the National Electricity Rules, starting on 1 July 2010; and\nany regulatory control period after the regulatory control period mentioned in paragraph (a) .\ns 10 ins 2009 No. 16 s 29\n(sec.10-ssec.1) The AER is responsible for the economic regulation under the National Electricity Rules, chapters 6 and 11, for a relevant regulatory control period, of distribution services provided by means of, or in connection with, the Mount Isa–Cloncurry supply network as if the supply network were part of the national grid. National Electricity Rules, chapters 6 (Economic regulation of distribution services) and 11 (Savings and transitional rules)\n(sec.10-ssec.2) For applying the National Electricity Rules, chapters 6 and 11— the distribution services are taken to be distribution services for the National Electricity Rules; and the Mount Isa–Cloncurry supply network is taken to be a distribution system.\n(sec.10-ssec.3) The chapters apply with any necessary changes to give effect to this section.\n(sec.10-ssec.4) In this section— Mount Isa–Cloncurry supply network — means the supply network as defined under the Electricity Act 1994 , section 8 , other than the 220kV supply network— located in the Mount Isa–Cloncurry region; and owned by Ergon Energy at the commencement of this section; and not connected to the national grid; and includes any increase in the supply network after the commencement. National Electricity Rules has the meaning given in the National Electricity (Queensland) Law . national grid has the meaning given in the National Electricity Rules. relevant regulatory control period means— the regulatory control period, within the meaning of the National Electricity Rules, starting on 1 July 2010; and any regulatory control period after the regulatory control period mentioned in paragraph (a) .\n- (a) the distribution services are taken to be distribution services for the National Electricity Rules; and\n- (b) the Mount Isa–Cloncurry supply network is taken to be a distribution system.\n- (a) means the supply network as defined under the Electricity Act 1994 , section 8 , other than the 220kV supply network— (i) located in the Mount Isa–Cloncurry region; and (ii) owned by Ergon Energy at the commencement of this section; and (iii) not connected to the national grid; and\n- (i) located in the Mount Isa–Cloncurry region; and\n- (ii) owned by Ergon Energy at the commencement of this section; and\n- (iii) not connected to the national grid; and\n- (b) includes any increase in the supply network after the commencement.\n- (i) located in the Mount Isa–Cloncurry region; and\n- (ii) owned by Ergon Energy at the commencement of this section; and\n- (iii) not connected to the national grid; and\n- (a) the regulatory control period, within the meaning of the National Electricity Rules, starting on 1 July 2010; and\n- (b) any regulatory control period after the regulatory control period mentioned in paragraph (a) .","sortOrder":13},{"sectionNumber":"pt.4","sectionType":"part","heading":"Related matters","content":"# Related matters","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Law to be construed not to exceed legislative power of Legislature","content":"### sec.11 Law to be construed not to exceed legislative power of Legislature\n\nClause 2 of schedule 2 to the National Electricity (Queensland) Law has effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Electricity (Queensland) Regulations, as if the provision or regulation formed part of the National Electricity (Queensland) Law .\nSubsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.\ns 11 ins 2009 No. 16 s 29\n(sec.11-ssec.1) Clause 2 of schedule 2 to the National Electricity (Queensland) Law has effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Electricity (Queensland) Regulations, as if the provision or regulation formed part of the National Electricity (Queensland) Law .\n(sec.11-ssec.2) Subsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Regulation-making power for the National Electricity (Queensland) Law","content":"### sec.12 Regulation-making power for the National Electricity (Queensland) Law\n\nThe Governor in Council may make such regulations as are contemplated by the National Electricity (Queensland) Law as being made under this Act as the application Act of this jurisdiction.\ns 12 ins 2014 No. 49 s 36","sortOrder":16},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Modification regulation-making power","content":"### sec.12A Modification regulation-making power\n\nA regulation (a modification regulation ) may modify the operation of any of the following—\nthe National Electricity (Queensland) Law;\nthe National Electricity (Queensland) Regulations;\nthe National Electricity Rules to the extent they apply for the purposes of the National Electricity (Queensland) Law.\nHowever, a modification regulation may be made only—\nto prevent or minimise an adverse financial effect the operation of the National Electricity (Queensland) Law would, without amendment, have on a particular class of retail customers in Queensland; or\nretail customers who are Aboriginal peoples or Torres Strait Islander peoples, retail customers who are financially disadvantaged, retail customers who live in rural or remote areas\nto prevent or minimise an adverse financial effect the operation of the National Electricity (Queensland) Regulations , or the National Electricity Rules mentioned in subsection (1) (c) , would, without amendment, have on—\nretail customers in Queensland; or\na particular class of retail customers in Queensland; or\nto give effect to the operation of the National Electricity (Queensland) Regulations , or the National Electricity Rules mentioned in subsection (1) (c) , in a way that increases customer protection for retail customers in Queensland.\na requirement for a network service provider to consider additional matters under the National Electricity (Queensland) Regulations or the National Electricity Rules in relation to quality, safety, reliability and security of supply of electricity for retail customers\ns 12A ins 2024 No. 15 s 186A\n(sec.12A-ssec.1) A regulation (a modification regulation ) may modify the operation of any of the following— the National Electricity (Queensland) Law; the National Electricity (Queensland) Regulations; the National Electricity Rules to the extent they apply for the purposes of the National Electricity (Queensland) Law.\n(sec.12A-ssec.2) However, a modification regulation may be made only— to prevent or minimise an adverse financial effect the operation of the National Electricity (Queensland) Law would, without amendment, have on a particular class of retail customers in Queensland; or retail customers who are Aboriginal peoples or Torres Strait Islander peoples, retail customers who are financially disadvantaged, retail customers who live in rural or remote areas to prevent or minimise an adverse financial effect the operation of the National Electricity (Queensland) Regulations , or the National Electricity Rules mentioned in subsection (1) (c) , would, without amendment, have on— retail customers in Queensland; or a particular class of retail customers in Queensland; or to give effect to the operation of the National Electricity (Queensland) Regulations , or the National Electricity Rules mentioned in subsection (1) (c) , in a way that increases customer protection for retail customers in Queensland. a requirement for a network service provider to consider additional matters under the National Electricity (Queensland) Regulations or the National Electricity Rules in relation to quality, safety, reliability and security of supply of electricity for retail customers\n- (a) the National Electricity (Queensland) Law;\n- (b) the National Electricity (Queensland) Regulations;\n- (c) the National Electricity Rules to the extent they apply for the purposes of the National Electricity (Queensland) Law.\n- (a) to prevent or minimise an adverse financial effect the operation of the National Electricity (Queensland) Law would, without amendment, have on a particular class of retail customers in Queensland; or Examples of classes of retail customers— retail customers who are Aboriginal peoples or Torres Strait Islander peoples, retail customers who are financially disadvantaged, retail customers who live in rural or remote areas\n- (b) to prevent or minimise an adverse financial effect the operation of the National Electricity (Queensland) Regulations , or the National Electricity Rules mentioned in subsection (1) (c) , would, without amendment, have on— (i) retail customers in Queensland; or (ii) a particular class of retail customers in Queensland; or\n- (i) retail customers in Queensland; or\n- (ii) a particular class of retail customers in Queensland; or\n- (c) to give effect to the operation of the National Electricity (Queensland) Regulations , or the National Electricity Rules mentioned in subsection (1) (c) , in a way that increases customer protection for retail customers in Queensland. Example of increased customer protection— a requirement for a network service provider to consider additional matters under the National Electricity (Queensland) Regulations or the National Electricity Rules in relation to quality, safety, reliability and security of supply of electricity for retail customers\n- (i) retail customers in Queensland; or\n- (ii) a particular class of retail customers in Queensland; or","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Validation of instruments and decisions made by AER","content":"### sec.13 Validation of instruments and decisions made by AER\n\nThis section applies to an instrument or a decision made by the AER if—\nthe instrument or decision was made—\nat or after the time the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but\nbefore the time (the application time ) the amendments started to apply under this Act as a law of Queensland; and\nhad the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )—\nthe National Electricity (Queensland) Law ;\nthe National Electricity (Queensland) Regulations;\nthis Act;\na regulation under this Act; and\nif the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\nFor the purposes of the authorising law—\nthe instrument or decision is taken to be valid; and\nthe instrument or decision has effect from the application time—\nas varied, and unless revoked, by any other instrument or decision to which this section applies; and\nsubject to that law as so applying.\nFor this section—\nguidelines are an example of an instrument; and\nthe following are examples of decisions—\nappointments;\ndeterminations;\napprovals.\nIn this section—\nNational Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA) .\ns 13 ins 2014 No. 49 s 36\n(sec.13-ssec.1) This section applies to an instrument or a decision made by the AER if— the instrument or decision was made— at or after the time the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but before the time (the application time ) the amendments started to apply under this Act as a law of Queensland; and had the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )— the National Electricity (Queensland) Law ; the National Electricity (Queensland) Regulations; this Act; a regulation under this Act; and if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n(sec.13-ssec.2) For the purposes of the authorising law— the instrument or decision is taken to be valid; and the instrument or decision has effect from the application time— as varied, and unless revoked, by any other instrument or decision to which this section applies; and subject to that law as so applying.\n(sec.13-ssec.3) For this section— guidelines are an example of an instrument; and the following are examples of decisions— appointments; determinations; approvals.\n(sec.13-ssec.4) In this section— National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA) .\n- (a) the instrument or decision was made— (i) at or after the time the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but (ii) before the time (the application time ) the amendments started to apply under this Act as a law of Queensland; and\n- (i) at or after the time the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but\n- (ii) before the time (the application time ) the amendments started to apply under this Act as a law of Queensland; and\n- (b) had the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )— (i) the National Electricity (Queensland) Law ; (ii) the National Electricity (Queensland) Regulations; (iii) this Act; (iv) a regulation under this Act; and\n- (i) the National Electricity (Queensland) Law ;\n- (ii) the National Electricity (Queensland) Regulations;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (c) if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n- (i) at or after the time the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but\n- (ii) before the time (the application time ) the amendments started to apply under this Act as a law of Queensland; and\n- (i) the National Electricity (Queensland) Law ;\n- (ii) the National Electricity (Queensland) Regulations;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (a) the instrument or decision is taken to be valid; and\n- (b) the instrument or decision has effect from the application time— (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and (ii) subject to that law as so applying.\n- (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n- (ii) subject to that law as so applying.\n- (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n- (ii) subject to that law as so applying.\n- (a) guidelines are an example of an instrument; and\n- (b) the following are examples of decisions— (i) appointments; (ii) determinations; (iii) approvals.\n- (i) appointments;\n- (ii) determinations;\n- (iii) approvals.\n- (i) appointments;\n- (ii) determinations;\n- (iii) approvals.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Authorisation of preparatory steps by AER","content":"### sec.14 Authorisation of preparatory steps by AER\n\nThis section applies if—\nthe AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )—\nthe National Electricity (Queensland) Law ;\nthe National Electricity (Queensland) Regulations;\nthis Act;\na regulation under this Act; and\nthe preparatory step would have been required under the authorising law if the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a law of Queensland; and\nthe AER takes the preparatory step—\nat or after the time the amendments were enacted; but\nbefore the time the amendments started to apply under this Act as a law of Queensland.\nFor the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.\nIn this section—\nNational Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA) .\ns 14 ins 2014 No. 49 s 36\n(sec.14-ssec.1) This section applies if— the AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )— the National Electricity (Queensland) Law ; the National Electricity (Queensland) Regulations; this Act; a regulation under this Act; and the preparatory step would have been required under the authorising law if the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a law of Queensland; and the AER takes the preparatory step— at or after the time the amendments were enacted; but before the time the amendments started to apply under this Act as a law of Queensland.\n(sec.14-ssec.2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.\n(sec.14-ssec.3) In this section— National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA) .\n- (a) the AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )— (i) the National Electricity (Queensland) Law ; (ii) the National Electricity (Queensland) Regulations; (iii) this Act; (iv) a regulation under this Act; and\n- (i) the National Electricity (Queensland) Law ;\n- (ii) the National Electricity (Queensland) Regulations;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (b) the preparatory step would have been required under the authorising law if the amendments of the National Electricity Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a law of Queensland; and\n- (c) the AER takes the preparatory step— (i) at or after the time the amendments were enacted; but (ii) before the time the amendments started to apply under this Act as a law of Queensland.\n- (i) at or after the time the amendments were enacted; but\n- (ii) before the time the amendments started to apply under this Act as a law of Queensland.\n- (i) the National Electricity (Queensland) Law ;\n- (ii) the National Electricity (Queensland) Regulations;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (i) at or after the time the amendments were enacted; but\n- (ii) before the time the amendments started to apply under this Act as a law of Queensland.","sortOrder":19}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 1997 purpose was straightforward: adopt the national electricity law framework for Queensland. Over time, its scope expanded considerably. Amendments added the Mount Isa–Cloncurry special regulatory regime (2009), transitional validation provisions for the National Energy Retail Law rollout (2014), a general regulation-making power (2014), and most significantly a modification regulation power (2024) allowing Queensland to override national rules to protect consumers — particularly vulnerable groups. This last addition represents a meaningful policy shift from pure adoption of national rules to a hybrid model where Queensland retains the ability to diverge from national standards for consumer protection purposes."},"complexity_factors":["Relies heavily on external legislation (South Australian National Electricity Law) adopted by reference — the actual rules are not in this Act at all","Multiple layers of law interact: this Queensland Act, the SA parent Act, national regulations, National Electricity Rules, and modification regulations","Transitional and validation provisions (sections 13 and 14) deal with complex timing questions about when SA amendments became applicable in Queensland — requires understanding of a legislative gap period","The Mount Isa–Cloncurry provisions create a legal fiction (treating an isolated network 'as if' it were part of the national grid) which requires understanding of underlying regulatory frameworks","Interpretation rules in section 8 require readers to mentally substitute Queensland-specific terms throughout the adopted SA law","The modification regulation power (section 12A) has layered conditions and sub-conditions that must all be satisfied","Extra-territorial operation provisions engage constitutional law concepts (limits of state legislative power)","The Crown-binding provision and constitutional savings clause engage federalism principles not obvious to lay readers"],"plain_english_summary":"This Act adopts South Australia’s National Electricity Law for Queensland, bringing the state into the national electricity framework so the Australian Energy Regulator oversees pricing and network performance. It affects households, businesses, network operators (including Ergon Energy’s Mount Isa–Cloncurry network), and the AER, validates recent AER decisions during the transition, and lets Queensland make limited, consumer‑protective regulatory adjustments while requiring parliamentary review of SA law changes."},"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"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3","severity":"high","reasoning":"Section 3 defines 'National Electricity (Queensland) Law' as 'the provisions applying because of section 6'. Section 6 in turn applies the National Electricity Law 'as a law of Queensland' and states it 'may be referred to as the National Electricity (Queensland) Law'. The definition in s.3 depends on s.6 for its content, while s.6 itself uses the label created by s.3. The term is therefore defined by reference to its own application mechanism, creating a bootstrapping circularity. While this is a common legislative drafting technique for applied laws, it means the definition is technically contentless without reading both sections simultaneously.","confidence":0.72,"description":"Circular definition of 'National Electricity (Queensland) Law'"},{"type":"other","section":"sec.9(2)-(3)","severity":"medium","reasoning":"Section 6 applies the National Electricity Law 'as in force for the time being', meaning Queensland automatically adopts South Australian amendments the moment they occur. Section 9(2)-(3) then requires the attachment to be revised to remain an accurate copy only 'in the first reprint after an amendment'. This creates a gap period where the operative law (via s.6) has changed but the attachment is admittedly out of date, potentially misleading readers about the current state of the law. Section 9(6) acknowledges this tension by stating s.9 does not affect the operation of s.6, but this effectively concedes the attachment may be inaccurate at any given time, making the revision obligation largely performative.","confidence":0.65,"description":"Obligation to revise attachment is unenforceable and potentially meaningless given dynamic application under s.6"},{"type":"other","section":"sec.10(4)","severity":"medium","reasoning":"The definition requires the network to be 'owned by Ergon Energy at the commencement of this section'. If Ergon Energy divests or restructures ownership of the network after commencement, the definition's ownership criterion is frozen at commencement date (which is appropriate for identifying the initial asset), but paragraph (b) then includes 'any increase in the supply network after the commencement'. It is unclear whether network extensions added after commencement must also be owned by Ergon Energy or whether any operator's extensions qualify. The definition conflates an ownership-at-commencement criterion with an open-ended future expansion clause, potentially regulating assets owned by successor entities or new entrants without clear authority.","confidence":0.6,"description":"Definition of Mount Isa-Cloncurry supply network contains a self-limiting ownership criterion that may become permanently inapplicable"},{"type":"self_contradicting","section":"sec.10(1)","severity":"medium","reasoning":"Section 10(1) applies National Electricity Rules chapters 6 and 11 to the Mount Isa-Cloncurry supply network 'as if the supply network were part of the national grid'. Yet the definition in s.10(4) expressly requires the supply network to be 'not connected to the national grid' as a condition of being covered by the section. The regulation therefore applies a framework designed for grid-connected networks to a network whose very eligibility depends on it not being connected. While the 'as if' deeming is a deliberate legal fiction, the internal logic is strained: the section permanently applies the grid framework to something permanently defined by its non-grid status, with no mechanism to address what happens if the network does connect to the grid.","confidence":0.78,"description":"Network regulated 'as if' part of national grid but simultaneously defined as 'not connected to the national grid'"},{"type":"impossible_compliance","section":"sec.13(1)(c)","severity":"medium","reasoning":"Section 13(1)(c) conditions validation of AER instruments/decisions on the AER having complied with requirements that would have applied 'if the amendments had started so to apply'. This asks the AER to have satisfied procedural conditions (e.g. consultation, publication) under a legal framework that did not exist at the time. The AER cannot have known precisely what would be required under unenacted law, and compliance with hypothetical future requirements is inherently uncertain. A regulator acting in good faith during a transitional period cannot reliably know whether its conduct satisfies conditions derived from law not yet operative, making this a condition of practical impossibility in some circumstances.","confidence":0.67,"description":"Validation condition requires AER to have done something hypothetically required under a law not yet in force"},{"type":"impossible_compliance","section":"sec.14(1)(a)","severity":"medium","reasoning":"Section 14(1)(a) states the AER 'is required to do something (a preparatory step) before making a decision or making an instrument under' the authorising law. But the authorising law (in the relevant sense, incorporating the Retail Law amendments) had not yet commenced in Queensland. An entity cannot be 'required' under a law to do anything before that law applies. The section attempts to cure this by deeming compliance, but the precondition — that the AER 'is required' under the not-yet-operative law — is logically incoherent. The deeming in s.14(2) is therefore operating on a legal nullity.","confidence":0.63,"description":"Section 14 purports to require the AER to do something under an authorising law before it applies, creating a jurisdictional impossibility"},{"type":"other","section":"sec.8(2)","severity":"low","reasoning":"Section 8(2) excludes the South Australian Acts Interpretation Act 1915 from applying to the National Electricity Law as applied in Queensland. The Queensland Acts Interpretation Act 1954 would presumably fill this gap. However, the National Electricity Law was drafted and structured using South Australian interpretive conventions. Applying Queensland interpretive rules to a South Australian legislative instrument may produce unintended interpretive outcomes where the two Acts Interpretation Acts differ in material respects, particularly regarding definitions, service of notices, or calculation of time. This is a structural tension rather than a direct contradiction but creates potential for interpretive mischief.","confidence":0.5,"description":"Exclusion of South Australian Acts Interpretation Act may create interpretive void for applied law"}],"contradictions":[{"severity":"medium","section_a":"sec.6","section_b":"sec.9(2)-(3)","confidence":0.75,"description":"Section 6 applies the National Electricity Law 'as in force for the time being' (automatic ambulatory adoption), but section 9(2)-(3) creates an obligation to maintain an 'accurate copy' updated only on the first reprint after each amendment, meaning the attachment is structurally guaranteed to lag behind the operative law."},{"severity":"low","section_a":"sec.3(2)","section_b":"sec.3(3)","confidence":0.55,"description":"Section 3(2) provides that words used in both this Act and the National Electricity (Queensland) Law have the same meanings as in that Law. Section 3(3) qualifies this by stating it does not apply where context or subject matter otherwise requires. However, several terms defined in s.3(1) (such as 'National Electricity (Queensland) Law' itself) are also used in the National Electricity Law, creating ambiguity about which definition prevails — the s.3(1) definition or the meaning from the applied Law — and whether s.3(3) would be triggered to override s.3(2) in those instances."},{"severity":"low","section_a":"sec.12A(2)(a)","section_b":"sec.12A(2)(b)","confidence":0.58,"description":"Section 12A(2)(a) permits modification regulations to address adverse financial effects of the National Electricity (Queensland) Law on 'a particular class of retail customers', while s.12A(2)(b) permits modification of the Regulations/Rules for adverse effects on either 'retail customers in Queensland' (all customers) or 'a particular class'. The scope of permissible intervention is therefore broader for subordinate instruments (Regulations/Rules) than for the primary applied Law itself, creating an anomaly where Queensland can more readily modify subsidiary instruments than the parent Law, potentially incentivising regulatory circumvention by targeting rules rather than the Law."},{"severity":"medium","section_a":"sec.10(4) — definition para (a)(iii)","section_b":"sec.10(4) — definition para (b)","confidence":0.7,"description":"The Mount Isa-Cloncurry supply network is defined to mean a network 'not connected to the national grid' (para (a)(iii)), but para (b) includes 'any increase in the supply network after the commencement' without any requirement that such increases also be unconnected to the national grid. A network extension that connects to the national grid could arguably fall within para (b) while being expressly excluded by para (a)(iii), creating an irresolvable definitional conflict for expanded portions of the network."},{"severity":"high","section_a":"sec.13(2)(b)","section_b":"sec.13(1)(a)(ii)","confidence":0.73,"description":"Section 13(1)(a)(ii) defines the 'application time' as when the amendments started to apply under this Act as law of Queensland. Section 13(2)(b) then provides the validated instrument 'has effect from the application time'. This means instruments made before the application time (as required by s.13(1)(a)) are only given effect from the application time, not from when they were actually made. This creates a gap during which the instrument was purportedly made but had no legal effect, potentially invalidating any actions taken in reliance on those instruments before the application time — the very problem the section appears designed to cure."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Act's scope has been adjusted by later amendments that bring National Energy Retail Law amendments into force for Queensland (sec 6A), add validation and transitional rules for AER actions taken during the amendment period (secs 13–14), and create an express power to make modification regulations for specified retail customer protections (sec 12A). These changes expanded how and when national provisions apply in Queensland and added targeted regulatory carve‑outs (secs 6, 6A, 12A, 13–14, 10)."},"complexity_factors":["Heavy cross‑reference and incorporation of the National Electricity Law and South Australian regulations into Queensland law (sec 6, sec 7, sec 9)","Power for Queensland to make modification regulations that alter national rules only for specified customer protection/financial‑impact reasons (sec 12A)","Retroactive validation and transitional provisions for AER instruments and preparatory steps (secs 13–14)","Special economic regulatory carve‑out for Mount Isa–Cloncurry network treated as part of the national grid (sec 10)","Interpretation rules that substitute Queensland parliamentary terms and exclude South Australian Acts interpretation (sec 8)","Extra‑territorial application intent, increasing reach and potential jurisdictional complexity (sec 5)","Governor in Council regulation‑making power tied to the applied national law (sec 12)"],"plain_english_summary":"This Act makes the National Electricity Law and its regulations (originally enacted in South Australia) operate as Queensland law, gives the Australian Energy Regulator (AER) authority to regulate distribution under those rules (including special treatment for the Mount Isa–Cloncurry network), and allows Queensland regulations to modify national rules in limited, customer‑protection cases. It binds the Crown and is intended to operate extra‑territorially.\n\nIt primarily affects the AER, distribution network businesses and retail customers: the AER decides and issues instruments; network businesses must comply with applied national rules; retail customers may bear costs or receive targeted protections under modification regulations."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1997 Act was a straightforward 'application Act' designed simply to adopt the National Electricity Law into Queensland. However, subsequent amendments have significantly expanded its scope. The 2009 addition of Part 3 brought the Mount Isa–Cloncurry supply network under national economic regulation—a specific local network that was originally outside the national scheme. The 2014 amendments added complex validation and transitional provisions (sections 13-14) to handle timing mismatches with South Australian amendments. Most significantly, the 2024 amendment (section 12A) introduced a broad 'modification regulation-making power' allowing Queensland to carve out exceptions to national rules for customer protection purposes. This transforms the Act from a passive 'pipe' for national law into an active instrument for local policy intervention."},"complexity_factors":["Legislation by reference: The entire National Electricity Law (a substantial South Australian statute) is imported and applied as Queensland law, meaning the true legal content exists outside this Act","Multiple nested definitions: Terms like 'National Electricity (Queensland) Law' are defined circularly or by reference to external documents (section 3, 6, 8)","Cross-jurisdictional mechanics: The Act relies on South Australian legislation, regulations made thereunder, and amendments to both, creating a complex web of interdependent laws","Temporal conditional logic: Sections 13 and 14 contain intricate timing conditions about when amendments 'started to apply' versus when they were 'enacted', with validation effects triggered by specific date ranges","Modification regulation power (section 12A): Creates a conditional exception power allowing regulations to modify the operation of the imported law, but only for specific protective purposes, creating an exception to the general rule","Extraterritorial reach: Section 5 extends operation to land, things, and acts outside Queensland, including foreign jurisdictions, with broad 'so far as possible' language"],"plain_english_summary":"This Queensland law adopts the national electricity rules so they apply in Queensland. It essentially 'imports' the National Electricity Law from South Australia and makes it Queensland law, with some modifications.\n\n**What it does:**\n- **Adopts national rules**: It applies the National Electricity Law (which is actually a South Australian law) as if it were Queensland law. This creates a single set of electricity market rules across multiple states.\n- **Sets up the regulator**: It recognises the Australian Energy Regulator (AER) as the body that oversees electricity pricing and network regulation in Queensland.\n- **Covers the Mount Isa–Cloncurry network**: It brings the isolated Mount Isa–Cloncurry electricity network under national economic regulation, even though it's not connected to the main national grid.\n- **Protects vulnerable customers**: It allows the government to make regulations that modify national rules to protect specific groups—like Aboriginal and Torres Strait Islander peoples, financially disadvantaged people, and those in rural or remote areas—from unfair electricity costs.\n- **Validates past decisions**: It fixes technical problems by validating decisions made by the regulator during transition periods.\n\n**Who it affects:**\n- Electricity retailers and network companies operating in Queensland\n- Queensland electricity customers, especially vulnerable or remote customers\n- The Australian Energy Regulator (AER)\n\n**Why it matters:**\nWithout this law, Queensland wouldn't participate in the national electricity market. The law ensures Queenslanders benefit from consistent national rules while keeping special protections for local needs—particularly for remote communities and vulnerable customers who might otherwise fall through the cracks of a one-size-fits-all national system."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-national-scheme-queensland-act-1997","history":"/api/acts/electricity-national-scheme-queensland-act-1997/history","analysis":"/api/acts/electricity-national-scheme-queensland-act-1997/analysis","conflicts":"/api/acts/electricity-national-scheme-queensland-act-1997/conflicts","importantCases":"/api/acts/electricity-national-scheme-queensland-act-1997/important-cases","documents":"/api/acts/electricity-national-scheme-queensland-act-1997/documents"}}