sec.16AValidation of instruments and decisions made by AER

### sec.16A Validation of instruments and decisions made by AER This section applies to an instrument or a decision made by the AER if— the instrument or decision was made— at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and had the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law)— the National Gas (Queensland) Law ; the National Gas (Queensland) Regulations; this Act; a regulation under this Act; and if 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 amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised. For the purposes of the authorising law— the instrument or decision is taken to be valid; and the instrument or decision has effect from the application time— as varied, and unless revoked, by any other instrument or decision to which this section applies; and subject to that law as so applying. For this section— guidelines are an example of an instrument; and the following are examples of decisions— appointments; determinations; approvals. In this section— National Gas Law means the National Gas Law set out in the Schedule to the South Australian Act. s 16A ins 2014 No. 49 s 40 (sec.16A-ssec.1) This section applies to an instrument or a decision made by the AER if— the instrument or decision was made— at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and had the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law)— the National Gas (Queensland) Law ; the National Gas (Queensland) Regulations; this Act; a regulation under this Act; and if 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 amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised. (sec.16A-ssec.2) For the purposes of the authorising law— the instrument or decision is taken to be valid; and the instrument or decision has effect from the application time— as varied, and unless revoked, by any other instrument or decision to which this section applies; and subject to that law as so applying. (sec.16A-ssec.3) For this section— guidelines are an example of an instrument; and the following are examples of decisions— appointments; determinations; approvals. (sec.16A-ssec.4) In this section— National Gas Law means the National Gas Law set out in the Schedule to the South Australian Act. - (a) the instrument or decision was made— (i) at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but (ii) before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and - (i) at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but - (ii) before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and - (b) had the amendments started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law)— (i) the National Gas (Queensland) Law ; (ii) the National Gas (Queensland) Regulations; (iii) this Act; (iv) a regulation under this Act; and - (i) the National Gas (Queensland) Law ; - (ii) the National Gas (Queensland) Regulations; - (iii) this Act; - (iv) a regulation under this Act; and - (c) if 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 amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised. - (i) at or after the time the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but - (ii) before the time (the application time) the amendments started to apply under this Act as a law of Queensland; and - (i) the National Gas (Queensland) Law ; - (ii) the National Gas (Queensland) Regulations; - (iii) this Act; - (iv) a regulation under this Act; and - (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. - (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. - (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. - (a) guidelines are an example of an instrument; and - (b) the following are examples of decisions— (i) appointments; (ii) determinations; (iii) approvals. - (i) appointments; - (ii) determinations; - (iii) approvals. - (i) appointments; - (ii) determinations; - (iii) approvals.