sch.3-sec.16Jurisdictional derogations relating to Tasmania’s entry into national electricity market

sch.3-sec.16 Jurisdictional derogations relating to Tasmania’s entry into national electricity market

Despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, the Minister of the Crown in right of Tasmania nominated under section 6(2) may, in writing, direct the AEMC to make a jurisdictional derogation that is substantially the same as the changes to the National Electricity Code— authorised by the ACCC under Part VII of the Competition and Consumer Act 2010 of the Commonwealth in the determination of the ACCC entitled “Tasmanian Derogations and Vesting Contract –Tasmania’s NEM entry”, dated 14 November 2001; and in any determination of the ACCC varying the authorisation referred to in paragraph (a). The AEMC must, despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, make the jurisdictional derogation as soon as practicable after being given a direction under subclause (1). In making the jurisdictional derogation under subclause (2), the AEMC need not comply with Division 3 of Part 7 of this Law (other than sections 103(2), 104 and 105). (sch.3-sec.16-ssec.1) Despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, the Minister of the Crown in right of Tasmania nominated under section 6(2) may, in writing, direct the AEMC to make a jurisdictional derogation that is substantially the same as the changes to the National Electricity Code— authorised by the ACCC under Part VII of the Competition and Consumer Act 2010 of the Commonwealth in the determination of the ACCC entitled “Tasmanian Derogations and Vesting Contract –Tasmania’s NEM entry”, dated 14 November 2001; and in any determination of the ACCC varying the authorisation referred to in paragraph (a). (sch.3-sec.16-ssec.2) The AEMC must, despite anything to the contrary in this Law, the Regulations, the Rules or the Australian Energy Market Commission Establishment Act 2004 of South Australia, make the jurisdictional derogation as soon as practicable after being given a direction under subclause (1). (sch.3-sec.16-ssec.3) In making the jurisdictional derogation under subclause (2), the AEMC need not comply with Division 3 of Part 7 of this Law (other than sections 103(2), 104 and 105).

• (a) authorised by the ACCC under Part VII of the Competition and Consumer Act 2010 of the Commonwealth in the determination of the ACCC entitled “Tasmanian Derogations and Vesting Contract –Tasmania’s NEM entry”, dated 14 November 2001; and
• (b) in any determination of the ACCC varying the authorisation referred to in paragraph (a).