Part 17Savings and transitional provisions related to Ministerial Council on Energy amendments

Part 17—Savings and transitional provisions related to Ministerial Council on Energy amendments 33—Definitions Amendment Act means the Statutes Amendment (National Energy Laws) (Omnibus) Act 2021; commencement day means the day on which section 5 of the Amendment Act comes into operation. 34—References to Ministerial Council on Energy (1) On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 5 of the Amendment Act). agreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party. 35—Rights under certain change of law provisions in agreements or deeds not to be triggered (1) The substitution of the definition of the MCE by section 5 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day. (2) Subclause (1) applies despite any provision in any agreement or deed to the contrary. 36—Rights under contracts etc (1) The substitution of the definition of the MCE by section 5 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day. (2) On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 5 of the Amendment Act). (3) Subclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary. 37—Saving of decisions etc The substitution of the definition of the MCE by section 5 of the Amendment Act does not affect the validity of— (a) any decision or direction made by the MCE before the commencement day; or (b) any appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.