53MMinister may make gas market emergency price orders

53M Minister may make gas market emergency price orders

(1) The Minister may, by legislative instrument, make an order prescribing matters required or permitted by this Act to be prescribed by a gas market emergency price order.

Note: For the matters that may be included in a gas market emergency price order, see Subdivisions C and D and subsection 53ZJ(1).

(2) To avoid doubt, a gas market emergency price order may not do the following:

(a) create an offence;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(3) A gas market emergency price order that is inconsistent with the regulations has no effect to the extent of the inconsistency, but a gas market emergency price order is taken to be consistent with the regulations to the extent that the gas market emergency price order is capable of operating concurrently with the regulations.

Consultation before making gas market emergency price orders

(4) Before the Minister makes a gas market emergency price order, the Minister must consult with the Commission.

(5) To avoid doubt, subsection (4) does not limit section 17 of the Legislation Act 2003.

Sunsetting of gas market emergency price orders

(6) The Minister must not make a gas market emergency price order at or after the time specified by subsection (8).

(7) A gas market emergency price order is repealed by force of this subsection at the time specified by subsection (8), unless the gas market emergency price order is repealed earlier.

(8) For the purposes of subsections (6) and (7), the time is the time occurring:

(a) if any provision of any gas market emergency price order commences during the 12 months starting on the commencement of this section—12 months after the earliest time any provision of any gas market emergency price order commences; or

(b) otherwise—12 months after the commencement of this section.