Part 4Making of regulations and rules under National Electricity Law

Part 4—Making of regulations and rules under National Electricity Law 10—Definitions National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force for the time being. 11—General regulation-making power for National Electricity Law (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, the National Electricity Law. (2) Regulations under this Part may— (b) vary according to the persons, times, places or circumstances to which they are expressed to apply. (3) Regulations under this Part may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions. (5) Section 10 of the Legislative Instruments Act 1978 does not apply to a regulation under this Part. 12—Specific regulation-making power (1) Without limiting the generality of section 11, the regulations may deal with matters of a transitional nature— (a) relating to the transition from the application of provisions of the old National Electricity Law to the application of provisions of the new National Electricity Law; or (b) on account of any amendments made from time to time to the new National Electricity Law. (2) Any provision of the regulations that deals with a matter of a transitional nature under subsection (1)(a) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this subsection. (2a) Any provision of the regulations that deals with a matter of a transitional nature under subsection (1)(b) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of the relevant amendment. (3) If a provision of a regulation is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, the provision must also provide that the provision does not operate so as— (a) to prejudicially affect the rights of a person (other than a participating jurisdiction or the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO T) existing before the date of making of those regulations; or (b) to impose liabilities on any person (other than a participating jurisdiction or the AEMC, the AER, AEMO (including when its name was NEMMCO) or AEMO T) in respect of anything done or omitted to be done before the date of making of those regulations. matters of a transitional nature includes matters of an application or savings nature; new National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force from time to time after the commencement of this subsection, or the Rules as in force from time to time after the commencement of this subsection; old National Electricity Law means the National Electricity Law set out in the Schedule to this Act as in force from time to time before the commencement of this subsection, or the Code as defined by that Law and in force from time to time before the commencement of this subsection. 13—Making of rules The Legislative Instruments Act 1978 does not apply to Rules made under the National Electricity Law.