10Validation of instruments and decisions made by Australian Energy Regulator

#### 10 Validation of instruments and decisions made by Australian Energy Regulator 10 Validation of instruments and decisions made by Australian Energy Regulator > > (1) This section applies to an instrument or a decision made by the AER if— > > > > > (a) the instrument or decision was made— > > > > > > > (i) at or after the time that the South Australian Act was enacted, but > > > > > > > (ii) before the time (the application time) that the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of New South Wales, and > > > > > (b) had the National Energy Retail Law started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the authorising laws)— > > > > > > > (i) the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a) or the National Energy Retail Regulations (NSW), > > > > > > > (ii) this Act, > > > > > > > (iii) an instrument made or having effect under this Act, and > > > > > (c) in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the National Energy Retail Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised. > > > (2) For the purposes of the authorising law— > > > > > (a) the instrument or decision is taken to be valid, and > > > > > (b) the instrument or decision has effect from the application time— > > > > > > > (i) as varied, and unless revoked, by any other instrument or decision to which this section applies, and > > > > > > > (ii) subject to that law so applying. > > > (3) For the purposes of this section— > > > > > (a) guidelines are an example of an instrument, and > > > > > (b) the following are examples of decisions— > > > > > > > (i) appointments, > > > > > > > (ii) determinations, > > > > > > > (iii) approvals.