Part 6Validation of instruments and decisions of AER

Part 6—Validation of instruments and decisions of AER 25—Validation of instruments and decisions made by AER (1) This section applies to an instrument or decision made by the AER if— (a) the instrument or decision was made— (i) on or after the time that the amendments of the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 were enacted; (ii) before the time (the application time) that the amendments started to apply under this Act as a law of South Australia; and (b) had the amendments started so to apply the making of the instrument or decision would have been authorised by or under one of the following laws (the authorising law): (i) the National Gas (South Australia) Law; (ii) the National Gas (South Australia) Regulations; (iii) this Act; (iv) an instrument made or having effect under this Act; and (c) in a case in which 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. (2) For the purposes of the authorising law— (a) the instrument or decision is taken to be valid; and (b) the instrument or decision had 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 the purposes of this section— (a) guidelines are an example of an instrument; and (b) the following are examples of decisions: (i) appointments; (ii) determinations; (iii) approvals. 26—AER—authorisation of preparatory steps (a) the AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law): (i) the National Gas (South Australia) Law; (ii) the National Gas (South Australia) Regulations; (iii) this Act; (iv) an instrument made or having effect under this Act; and (b) the preparatory step would have been required under the authorising law if the amendments of the National Gas Law made by the Statutes Amendment (National Energy Retail Law) Act 2011 had started to apply under this Act as a law of South Australia; and (c) the AER takes the preparatory step— (i) on or after the time that the amendments were enacted; but (ii) before the time that the amendments started to apply under this Act as a law of South Australia. (2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step. Schedule—National Gas Law