Australian Energy Market Act 2004

This section applies if a State/Territory energy law purports to impose a duty on the Commonwealth Minister.

Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.

Section 320 of a State/Territory energy retail law deals with the case where a duty purportedly imposed on the Commonwealth Minister under that law cannot be imposed by the State or Territory or the Commonwealth due to constitutional doctrines restricting such duties.

The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:

imposing the duty is within the legislative powers of the State or Territory concerned; and

imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.

If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13A to the imposition of the duty by that law).

If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.

If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.

The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:

is within the legislative powers of the Commonwealth; and

is consistent with the constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister.

Subsections (1) to (5) do not limit section 13A.