54ENational regulatory obligations and costs

54E National regulatory obligations and costs (1) For this part, the national regulatory obligations are the Territory’s obligations under the AEMA in relation to— (a) cost-sharing arrangements for funding the AEMC in relation to the exercise of its functions; and (b) the Ministerial Council’s responsibilities under the AEMA.

(2) For this part, the national regulatory cost for a year is the amount determined under this section to be the cost to the Territory of meeting its national regulatory obligations for the year. (3) The administrator must, before 1 October in the levy year, in accordance with this section, determine— (a) the estimated national regulatory cost to be applied to each energy industry sector for the levy year; and (b) the actual national regulatory cost to be applied to each energy industry sector for the year before the levy year. (4) In determining the estimated national regulatory cost to be applied to an energy industry sector for a levy year, the administrator must— (a) consider the following: (i) the AEMC’s budget, or draft budget, for its functions for the year; (ii) the Ministerial Council’s budget, or draft budget, for its functions under the AEMA for the year; (iii) the amount, if any, allocated for the AEMC and Ministerial Council by the Territory for the year; (iv) the annual costs incurred by the AEMC and Ministerial Council in previous years in relation to the ACT; (v) the annual costs incurred by the Territory in previous years for activities undertaken by the AEMC and Ministerial Council; and (b) apportion the estimated national regulatory cost between energy

(5) In determining the actual national regulatory cost to be applied to an energy industry sector for the year before the levy year, the administrator must— (a) consider the amount payable by the Territory for its national regulatory obligations for the previous year; and (b) apportion the actual national regulatory cost between energy (6) A determination under this section is a notifiable instrument. AEMA means the Australian Energy Market Agreement 2004, as amended in 2006, between the Commonwealth, State and Territory Governments. AEMC means the Australian Energy Market Commission under the Australian Energy Market Commission Establishment Act 2004 (SA). Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to energy.