95AEMinister may declare exceptional circumstances

95AE Minister may declare exceptional circumstances

(1) The Minister may, by legislative instrument, make a declaration under this section if the Minister is satisfied that:

(a) either:

(i) exceptional circumstances that are causing significant harm to the Australian economy or Australian consumers exist; or

(ii) exceptional circumstances that would cause significant harm to the Australian economy or Australian consumers are likely to exist; and

(b) it is in the public interest to empower the Commission to make determinations under either or both of the following:

(i) section 92D;

(ii) section 95AC.

(2) A declaration under subsection (1) is in force for the period:

(a) starting on the day specified in the declaration (which may be before the commencement of this section, but must not be before 1 April 2026); and

(b) ending at the earlier of:

(i) the start of the day specified in the declaration; and

(ii) if the declaration is revoked—the end of the day the revocation takes effect.

(3) A day specified for the purposes of subparagraph (2)(b)(i) must ensure that the period the declaration is in force:

(a) is no longer than the period that the Minister considers necessary for the purposes of emergency management; and

(b) is not longer than 6 months.

Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Note 2: The period may be extended under section 95AF.