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Electricity (National Scheme) Act 1997
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Australian Capital Territory
Electricity (National Scheme) Act 1997
A1997-79
Republication No 4
Effective: 2 July 2017
Republication date: 2 July 2017
Last amendment made by A2012-32
(republication for expiry of transitional provisions (pt 4))
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Electricity (National Scheme) Act 1997 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 July 2017.
It also includes any commencement, amendment, repeal or expiry affecting this republished law
to 2 July 2017.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Electricity (National Scheme) Act 1997
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Terms used in National Electricity (ACT) Law 2
4 Extraterritorial operation 2
Part 2 National Electricity (ACT) Law and National
Electricity (ACT) Regulation
5 Application in ACT of National Electricity Law 4
6 Application of regulations under National Electricity Law 4
7 Interpretation of certain expressions 5
Part 3 Miscellaneous
8 Regulation-making power 6
Contents
Page
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Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 10
5 Earlier republications 11
6 Expired transitional or validating provisions 11
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Australian Capital Territory
Electricity (National Scheme) Act 1997
An Act to make provision for the operation of a national electricity market, and
for related purposes
Part 1 Preliminary
Section 1
page 2 Electricity (National Scheme) Act 1997
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Part 1 Preliminary
1 Name of Act
This Act is the Electricity (National Scheme) Act 1997.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
3A Terms used in National Electricity (ACT) Law
A term used in the National Electricity (ACT) Law has the same
meaning in this Act.
4 Extraterritorial operation
It is the intention of the Legislative Assembly that the operation of
this Act, the National Electricity (ACT) Law and the National
Electricity (ACT) Regulation should, so far as possible, include
operation in relation to the following:
(a) land situated outside the ACT, whether in or outside Australia;
(b) things situated outside the ACT, whether in or outside
Australia;
Preliminary Part 1
Section 4
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(c) acts, transactions and matters done, entered into or happening
outside the ACT, whether in or outside Australia;
(d) things, acts, transactions and matters (wherever situated, done,
entered into or happening) that would, apart from this Act, be
governed or otherwise affected by the law of the
Commonwealth, a State, another Territory or a foreign country.
Part 2 National Electricity (ACT) Law and National Electricity (ACT) Regulation
Section 5
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Part 2 National Electricity (ACT) Law
and National Electricity (ACT)
Regulation
5 Application in ACT of National Electricity Law
The National Electricity Law set out in the National Electricity
(South Australia) Act 1996 (SA), schedule, as in force for the time
being—
(a) applies as if it were an Act passed by the Legislative
Assembly; and
(b) as so applying may be referred to as the National Electricity
(ACT) Law.
6 Application of regulations under National Electricity Law
The regulations in force for the time being under the National
Electricity (South Australia) Act 1996 (SA), part 4, as in force for
the time being—
(a) apply as regulations in force for the National Electricity (ACT)
Law; and
(b) as so applying may be referred to as the National Electricity
(ACT) Regulation.
National Electricity (ACT) Law and National Electricity (ACT) Regulation Part 2
Section 7
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7 Interpretation of certain expressions
(1) In the National Electricity (ACT) Law and the National Electricity
(ACT) Regulation:
Legislature of this jurisdiction means the Legislative Assembly.
the jurisdiction or this jurisdiction means the Territory.
the National Electricity Law or this Law means the National
Electricity (ACT) Law.
(2) The Acts Interpretation Act 1915 (SA), and other Acts of South
Australia, do not apply to—
(a) the National Electricity (ACT) Law; and
(b) the regulations in force for the time being under the National
Electricity (South Australia) Act 1996 (SA), part 4 in their
application as regulations in force for the purposes of the
National Electricity (ACT) Law.
Part 3 Miscellaneous
Section 8
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Part 3 Miscellaneous
8 Regulation-making power
The Executive may make regulations that the National Electricity
(ACT) Law contemplates be made under this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
Act
Commonwealth
Legislative Assembly
Minister (see s 162)
provision (see s 16)
Supreme Court
the Territory
under.
National Electricity (ACT) Law means the provisions applying
because of section 5.
National Electricity (ACT) Regulations means the provisions
applying because of section 6.
Endnotes
1 About the endnotes
page 8 Electricity (National Scheme) Act 1997
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Electricity (National Scheme) Act 1997 A1997-79
notified 25 November 1997 (Gaz 1997 No S360)
s 1, s 2 commenced 25 November 1997 (s 2 (1))
remainder commenced 13 December 1998 (s 2 (2) and Gaz 1998
No S209)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 124
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 124 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.8
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.8 commenced 11 January 2006 (s 2 (1))
National Energy Retail Law (Consequential Amendments) Act 2012
A2012-32 pt 6
notified LR 14 June 2012
s 1, s 2 commenced 14 June 2012 (LA s 75 (1))
pt 6 commenced 1 July 2012 (s 2 (1) and see National Energy Retail
Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)
Endnotes
4 Amendment history
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4 Amendment history
Name of Act
s 1 sub A2005-62 amdt 3.114
Dictionary
s 2 om A2001-44 amdt 1.1453
ins A2005-62 amdt 3.114
Notes
s 3 sub A2005-62 amdt 3.114
Terms used in National Electricity (ACT) Law
s 3A ins A2005-62 amdt 3.114
Interpretation of certain expressions
s 7 am A2005-62 amdt 3.115
Miscellaneous
pt 3 hdg ins A2012-32 s 37
Regulation-making power
s 8 ins A2012-32 s 37
Transitional—National Energy Retail Law
pt 4 hdg ins A2012-32 s 37
exp 1 July 2017 (s 12)
Validation of instruments and decisions made by AER
s 9 ins A2012-32 s 37
exp 1 July 2017 (s 12)
AER—authorisation of preparatory steps
s 10 ins A2012-32 s 37
exp 1 July 2017 (s 12)
Transitional regulations
s 11 ins A2012-32 s 37
exp 1 July 2017 (s 12)
Expiry—pt 4
s 12 ins A2012-32 s 37
exp 1 July 2017 (s 12)
Dictionary
dict ins A2005-62 amdt 3.116
def National Electricity (ACT) Law ins A2005-62 amdt 3.116
def National Electricity (ACT) Regulations ins A2005-62
amdt 3.116
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications
are marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
19 Apr 2002
19 Apr 2002–
10 Jan 2006
A2001-44 amendments by
A2001-44
R2
11 Jan 2006
11 Jan 2006–
30 June 2012
A2005-62 amendments by
A2005-62
R3
1 July 2012
1 July 2012–
1 July 2017
A2012-32 amendments by
A2012-32
6 Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have
expired. The expiry does not affect any continuing operation of the provisions
(see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes
effect and are listed in the amendment history using the abbreviation ‘exp’
followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took
effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2017