Competition and Consumer Act 2010

A State/Territory energy law may confer functions or powers, or impose duties, on the Council for the purposes of that law.

Section 29BC sets out when such a law imposes a duty on the Council.

Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:

the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Council; or

the authorisation would otherwise exceed the legislative power of the Commonwealth.

The Council cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.