44AEEstablishment of the AER

44AE Establishment of the AER

(1) The Australian Energy Regulator (the AER) is established by this section.

(1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

(a) the AER is a listed entity; and

(b) the AER members are the accountable authority of the AER; and

(c) the following persons are officials of the AER:

(i) the AER members;

(ii) the staff of the AER referred to in section 44AAC;

(iii) persons assisting the AER referred to in section 44AACA;

(iv) consultants engaged under section 44AACB; and

(d) the purposes of the AER include the functions of the AER under Division 3 of this Part.

(2) The AER:

(a) is a body corporate with perpetual succession; and

(b) must have a common seal; and

(c) may acquire, hold and dispose of real and personal property; and

(d) may sue and be sued in its corporate name.

(3) However, the AER is taken, for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

(a) to be a non‑corporate Commonwealth entity, and not to be a corporate Commonwealth entity; and

(b) to be a part of the Commonwealth; and

(c) not to be a body corporate.