204Functions and powers of AER (including delegations)

204 Functions and powers of AER (including delegations)

204 Functions and powers of AER (including delegations)

(1) The AER has the following functions and powers—

(a) to monitor compliance by persons with this Law, the National Regulations and the Rules;

(b) without limiting paragraph (a), to monitor and report on compliance by regulated entities with this Law, the National Regulations and the Rules;

(ba) without limiting paragraphs (a) and (b), in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of—

(i) this Law, the National Regulations and the Rules; and

(ii) in particular—

(A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B; and

(B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and

(c) to investigate breaches or possible breaches of provisions of this Law, the National Regulations or the Rules, including offences against this Law;

(d) to institute and conduct proceedings in relation to breaches of provisions of this Law, the National Regulations or the Rules, including offences against this Law;

(e) to institute and conduct appeals from decisions in proceedings referred to in paragraph (d);

(f) AER regulatory functions or powers;

(fa) AER trial waiver functions; and

(g) any other functions and powers conferred on it under this Law, the National Regulations or the Rules.

(2) The AER has the power to do all things necessary or convenient to be done for or in connection with the performance and exercise of its functions and powers.

(3) Any delegation by the AER under section 44AAH of the Competition and Consumer Act 2010 of the Commonwealth extends to, and has effect for the purposes of, this Law, the National Regulations and the Rules.