13Validation of instruments and decisions made by AER

13 Validation of instruments and decisions made by AER

(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 National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but

(ii) before the time (the application time) that the National Energy Retail Law first started to apply under this Act as a law of this jurisdiction; 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 law):

(i) the National Energy Retail Law (Tasmania);

(ii) the National Energy Retail Regulations (Tasmania);

(iii) this Act;

(iv) an instrument made or having effect under this Act; and

(c) where 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 as so applying.

(3)  For this section –

(a) guidelines are an example of an instrument; and