What it does
The National Energy Retail Law (Queensland) Act 2014 is an application statute. Its primary function is to enact the National Energy Retail Law (NERL) as a law of Queensland by reference to the Schedule to the National Energy Retail Law (South Australia) Act 2011 (SA) (the South Australian Act). Section 4 provides that the NERL, as amended from time to time, applies as a law of Queensland with the modifications set out in the schedule to this Act or prescribed by regulation under s 12, and “so applies as if it were an Act”. Consequential application is given to the regulations made under the NERL (s 5) and the National Energy Retail Rules.
The Act performs three distinct roles. First, it supplies necessary definitional and interpretive scaffolding. Section 3 defines key expressions such as “National Energy Retail Law (Queensland) or NERL (Qld)”, “National Energy Retail Regulations (Queensland) or NER Regulations (Qld)”, and “this jurisdiction” (meaning Queensland). Section 6 further adapts terminology so that, when reading the adopted Law, “National Energy Retail Law or this Law” means the NERL (Qld) and “this jurisdiction” means Queensland. Section 7 excludes the Acts Interpretation Act 1954 and the Statutory Instruments Act 1992 from applying to the NERL (Qld) and instruments made under it, while preserving their application to the 2014 Act itself and instruments made under it. South Australian interpretation legislation is likewise disapplied.
Second, the Act confers supporting powers and validates preparatory steps. Section 9 confers on Commonwealth bodies (the Australian Energy Regulator (AER) and the Australian Competition Tribunal) the power to perform functions expressed to be conferred by the national energy retail legislation of another participating jurisdiction. Section 10 extends the reading-down provision in s 320 of the NERL (Qld) to the provisions of the 2014 Act. Section 11 authorises the Governor in Council to make regulations contemplated by the NERL or its modifications. Sections 13 and 14 contain validation and authorisation provisions that deem instruments, decisions, and preparatory steps taken by the AER before the NERL (Qld) commenced to be valid and effective.