Part 11National Energy Retail Regulations

Part 11—National Energy Retail Regulations 270—General regulation-making power for this Law (1) For the purposes of this section, the designated authority is the Governor of the State of South Australia, or other officer for the time being administering the Government of that State, with the advice and consent of the Executive Council of that State and on the unanimous recommendation of the Ministers of the participating jurisdictions. (2) The designated authority may make Regulations (referred to as the "National Regulations") for the purposes of this Law. (3) Without limiting subsection (2), the National Regulations may make provision for or with respect to any matter in respect of which a provision of this Law contemplates that National Regulations may be made. (4) Without limiting subsection (2), the National Regulations may prescribe fees in respect of any matter under this Law, and provide for the waiver or refund of such fees. The AER may charge fees for services it provides under section 44AAI of the Competition and Consumer Act 2010 of the Commonwealth. (5) Without limiting subsection (2), the National Regulations may make provision for or with respect to electricity consumption benchmarks other than those prepared by the AER under the Rules. (6) The National Regulations may— (a) be of general or limited application; and (c) in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors; and (d) apply, adopt or incorporate any publication as in force from time to time. 271—Specific regulation‑making power (1) Without limiting the generality of section 270, the National Regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the energy laws to the application of provisions of this Law and the Rules. (2) Any provision of the National Regulations that deals with a matter of a transitional nature under subsection (1) 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. (3) If a provision of a National 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 the rights of a Minister of a participating jurisdiction or an entity involved in the administration of the jurisdictional energy legislation or the National Energy Retail Law) existing before the date of making of those Regulations; or (b) to impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction or an entity involved in the administration of the jurisdictional energy legislation or the National Energy Retail Law) 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; National Energy Retail Law means this Law as in force from time to time after the commencement of this section, or the Rules as in force from time to time after the commencement of this section.