1Short title
This Act may be cited as the Australian Energy Market Act 2004.
Parliamentary material from APH and the Federal Register of Legislation. Links open the official source in a new tab.
Bill homepage (APH)This Act may be cited as the Australian Energy Market Act 2004.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 30 June 2004 |
2. Sections 3 to 14 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 30 June 2005 |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
In this Act, unless the contrary intention appears:
Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.
Australian Energy Regulator means the body established by section 44AE of the Competition and Consumer Act 2010.
coastal waters, in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) for Western Australia as consists of:
the territorial sea; and
the sea that is:
on the landward side of the territorial sea; and
not within the limits of Western Australia.
For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.
Commonwealth Minister means the Minister administering this Act.
Economic Regulation Authority means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.
federal tax‑exempt matter has the meaning given by subsection 13D(2).
National Electricity (Commonwealth) Law means the provisions applying under section 6.
National Electricity (Commonwealth) Law and Regulations means:
the National Electricity (Commonwealth) Law; and
the National Electricity (Commonwealth) Regulations.
National Electricity (Commonwealth) Regulations means the provisions applying under section 7.
National Energy Retail Law and Regulations (Commonwealth) means:
the National Energy Retail Law (Commonwealth); and
the National Energy Retail Regulations (Commonwealth).
National Energy Retail Law (Commonwealth) means the provisions applying under section 11T.
National Energy Retail Regulations (Commonwealth) means the provisions applying under section 11U.
National Gas (Commonwealth) Law means the provisions applying under section 11A.
National Gas (Commonwealth) Law and Regulations means:
the National Gas (Commonwealth) Law; and
the National Gas (Commonwealth) Regulations.
National Gas (Commonwealth) Regulations means the provisions applying under section 11B.
natural gas has the same meaning as in the National Gas (Commonwealth) Law.
offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
offshore Western Australian pipeline means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:
Western Australia; or
the coastal waters of Western Australia;
but does not include a pipeline any part of which is situated in another State or in a Territory.
Offshore Western Australian Pipelines (Commonwealth) Law means the provisions applying under section 11J.
Offshore Western Australian Pipelines (Commonwealth) Law and Regulations means:
the Offshore Western Australian Pipelines (Commonwealth) Law; and
the Offshore Western Australian Pipelines (Commonwealth) Regulations.
Offshore Western Australian Pipelines (Commonwealth) Regulations means the provisions applying under section 11K.
prescribed uniform energy law means a uniform energy law covered by paragraph (b) of the definition of uniform energy law.
South Australian Electricity Legislation means:
the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and
any regulations, as in force from time to time, made under Part 4 of that Act.
The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.
South Australian Energy Retail Legislation means:
the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and
any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.
The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.
South Australian Gas Legislation means:
the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and
any regulations, as in force from time to time, made under Part 3 of that Act.
The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.
State/Territory electricity law means:
the South Australian Electricity Legislation as it applies as a law of South Australia; or
the South Australian Electricity Legislation as it applies as a law of another State; or
the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.
State/Territory energy law means:
a State/Territory electricity law; or
a State/Territory gas law; or
a State/Territory energy retail law.
State/Territory energy retail law means:
the South Australian Energy Retail Legislation as it applies as a law of South Australia; or
the South Australian Energy Retail Legislation as it applies as a law of another State; or
the South Australian Energy Retail Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.
State/Territory gas law means:
the South Australian Gas Legislation as it applies as a law of South Australia; or
the South Australian Gas Legislation as it applies as a law of another State; or
the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or
the Western Australian Gas Legislation as it applies as a law of Western Australia.
State/Territory tax‑exempt matter has the meaning given by subsection 13E(2).
uniform energy law means:
the South Australian Electricity Legislation; or
the South Australian Gas Legislation; or
the Western Australian Gas Legislation; or
the South Australian Energy Retail Legislation; or
provisions of a law of a State or Territory that:
relate to energy; and
are prescribed by the regulations for the purposes of this subparagraph;
being those provisions as in force from time to time.
Western Australian Gas Legislation means:
the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and
any regulations, as in force from time to time, made under Part 3 of that Act.
The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.
Each of the following:
this Act;
the National Electricity (Commonwealth) Law and Regulations;
the National Gas (Commonwealth) Law and Regulations;
the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations;
the National Energy Retail Law and Regulations (Commonwealth);
a prescribed uniform energy law applied as a law of the Commonwealth;
binds the Crown in each of its capacities.
It is the intention of the Parliament that the operation of:
this Act; and
the National Electricity (Commonwealth) Law and Regulations; and
the National Gas (Commonwealth) Law and Regulations; and
the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations; and
a prescribed uniform energy law applied as a law of the Commonwealth;
should, as far as possible, include operation in relation to the following:
things situated in or outside Australia;
acts, transactions and matters done, entered into or occurring in or outside Australia;
things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of a State, a Territory or a foreign country.
Section 17 of the National Energy Retail Law (Commonwealth) provides for the extra‑territorial operation of the National Energy Retail Law (Commonwealth).
The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time:
applies as a law of the Commonwealth:
in the offshore area of each State and Territory; and
in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and
so applying may be referred to as the National Electricity (Commonwealth) Law.
The reference in subsection (1) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.
Regulations, as in force from time to time, made under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia:
apply as regulations in force for the purposes of the National Electricity (Commonwealth) Law; and
so applying may be referred to as the National Electricity (Commonwealth) Regulations.
The Australian Energy Market Commission has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.
Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.
The Australian Energy Regulator has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.
Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.
The Australian Competition Tribunal has the functions and powers conferred on it under the National Electricity (Commonwealth) Law and Regulations.
The Commonwealth Minister has the functions and powers conferred on him or her under the National Electricity (Commonwealth) Law and Regulations.
Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Electricity (Commonwealth) Law and Regulations.
In the National Electricity (Commonwealth) Law and Regulations:
Court means the Federal Court of Australia.
Legislature of this jurisdiction means the Legislature of the Commonwealth.
magistrate means a Judge of the Federal Circuit and Family Court of Australia (Division 2).
the jurisdiction or this jurisdiction means the Commonwealth.
the National Electricity Law or this Law means the National Electricity (Commonwealth) Law.
The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:
the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia applied as a law of the Commonwealth; or
any regulations made under Part 4 of that Act applied as regulations for the purposes of the National Electricity (Commonwealth) Law.
The reference in paragraph (2)(a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.
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