Competition and Consumer Act 2010

Subject to section 44AIA, an AER State/Territory energy law or a local energy instrument may confer functions or powers, or impose duties, on the AER for the purposes of that law or instrument.

Section 44AK sets out when such a law or instrument imposes a duty on the AER.

Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by an AER State/Territory energy law or local energy instrument 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 AER; or

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

The AER cannot perform a duty or function, or exercise a power, under an AER State/Territory energy law or local energy instrument unless the conferral of the function or power, or the imposition of the duty, is in accordance with the Australian Energy Market Agreement, or any other relevant agreement between the Commonwealth and the State or Territory concerned.

A local energy instrument may confer functions or powers, or impose duties, on the AER only if the instrument is designated for the purposes of this subsection under the Australian Energy Market Agreement, or any other relevant agreement between the Commonwealth and the State or Territory that made the instrument.

To avoid doubt, if an AER State/Territory energy law is also a local energy instrument, subsection (4) applies to the law.