13MValidation of instruments and decisions of Australian Energy Regulator—electricity and gas laws

13M Validation of instruments and decisions of Australian Energy Regulator—electricity and gas laws

(1) This section applies to an instrument or a decision made by the Australian Energy Regulator if: (a) the instrument or decision was made: (i) on or after the time that the amendments of the South Australian Electricity Legislation or the South Australian Gas Legislation by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted; but (ii) before the time (the application time) that the amendments started to apply under this Act as a law of the Commonwealth; and (b) the making of the instrument or decision would have been authorised by the National Electricity (Commonwealth) Law and Regulations or the National Gas (Commonwealth) Law and Regulations (the authorising law) if the amendments had started so to apply; and (c) in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the Australian Energy Regulator has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised. (2) For the purposes of the authorising law: (a) the instrument or decision is taken to be valid; and (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. (3) For the purposes of this section: (a) guidelines are an example of an instrument; and (b) the following are examples of decisions: (i) appointments; (ii) determinations; (iii) approvals.