sch.2-sec.42National Electricity Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law

sch.2-sec.42 National Electricity Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law

The National Electricity Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which they are made. If a provision of the National Electricity Rules, or the application of a provision of the National Electricity Rules to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of the National Electricity Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected. Without limiting subclause (2), the National Electricity Rules are not to be construed as imposing any duty on the Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction. The term “function” is defined in clause 10 to include “duty”. In particular, if a provision of the National Electricity Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty— is within the legislative powers of this jurisdiction; and is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body. To avoid doubt, a provision of the National Electricity Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would— contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of this jurisdiction. If imposing on the Commonwealth officer or body the duty to do that thing would— contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of both the State and the Commonwealth, the provision of the National Electricity Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require). sch 2 s 42 amd 2007 No. 53 (SA) s 85 ; 2021 No. 3 (SA) s 23 (2) (sch.2-sec.42-ssec.1) The National Electricity Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which they are made. (sch.2-sec.42-ssec.2) If a provision of the National Electricity Rules, or the application of a provision of the National Electricity Rules to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction or the power conferred by this Law under which it is made— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of the National Electricity Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected. (sch.2-sec.42-ssec.3) Without limiting subclause (2), the National Electricity Rules are not to be construed as imposing any duty on the Tribunal or AER to perform a function or exercise a power if the imposition of the duty would be in excess of the legislative power of the Legislature of this jurisdiction. The term “function” is defined in clause 10 to include “duty”. (sch.2-sec.42-ssec.4) In particular, if a provision of the National Electricity Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty— is within the legislative powers of this jurisdiction; and is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body. (sch.2-sec.42-ssec.4a) To avoid doubt, a provision of the National Electricity Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would— contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of this jurisdiction. (sch.2-sec.42-ssec.4b) If imposing on the Commonwealth officer or body the duty to do that thing would— contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of both the State and the Commonwealth, the provision of the National Electricity Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).