National Energy Retail Law (Adoption) Act 2012

This Act is the National Energy Retail Law (Adoption) Act 2012.

This Act commences on a day or days to be appointed by proclamation.

Different days may be appointed under subsection (1) for the commencement of different provisions of the National Energy Retail Law set out in the Schedule to the South Australian Act.

In this Act—

National Energy Retail Law (NSW) means the provisions applying in this jurisdiction because of section 4.

National Energy Retail Regulations (NSW) means the provisions applying in this jurisdiction because of section 5.

South Australian Act means the National Energy Retail Law (South Australia) Act 2011 of South Australia.

Terms used in this Act and also in the National Energy Retail Law set out in the Schedule to the South Australian Act have the same meanings in this Act as they have in that Law.

This section does not apply to the extent that the context or subject-matter otherwise indicates or requires.

The National Energy Retail Law, as amended from time to time, set out in the Schedule to the South Australian Act—

applies as a law of this jurisdiction, with the modifications set out in Schedule 1, and

as so applying may be referred to as the National Energy Retail Law (NSW), and

so applies as if it were an Act.

The regulations, as amended from time to time, under the National Energy Retail Law set out in the Schedule to the South Australian Act—

apply as regulations in force for the purposes of the National Energy Retail Law (NSW), subject to modifications prescribed by the regulations under this Act, and

as so applying may be referred to as the National Energy Retail Regulations (NSW).

In the National Energy Retail Law (NSW) and the National Energy Retail Regulations (NSW)—

National Energy Retail Law or this Law means the National Energy Retail Law (NSW).

this jurisdiction or the jurisdiction means New South Wales.

The following Acts of this jurisdiction do not apply to the National Energy Retail Law (NSW) or to instruments made under that Law—

the Interpretation Act 1987,

the Subordinate Legislation Act 1989.

To avoid doubt, subsection (1) does not apply to a regulation made under section 12 of this Act.

The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to the following—

the National Energy Retail Law set out in the Schedule to the South Australian Act in its application as a law of New South Wales,

the regulations in force for the time being under the National Energy Retail Law set out in the Schedule to the South Australian Act in their application as regulations in force for the purposes of the National Energy Retail Law (NSW).

A Commonwealth body has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national energy retail legislation of another participating jurisdiction.

In this section—

Commonwealth body means—

the AER, or

the Tribunal.

Section 320 of the National Energy Retail Law (NSW) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law.

Subsection (1) does not limit the effect that a provision would validly have apart from the subsection.

This section applies to an instrument or a decision made by the AER if—

the instrument or decision was made—

at or after the time that the South Australian Act was enacted, but

before the time (the application time) that the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of New South Wales, and

had the National Energy Retail Law started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the authorising laws)—

the National Energy Retail Law (NSW) or the National Energy Retail Regulations (NSW),

this Act,

an instrument made or having effect under this Act, and

in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the National Energy Retail Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.

For the purposes of the authorising law—

the instrument or decision is taken to be valid, and

the instrument or decision has effect from the application time—

as varied, and unless revoked, by any other instrument or decision to which this section applies, and

subject to that law so applying.

For the purposes of this section—

guidelines are an example of an instrument, and

the following are examples of decisions—

appointments,

determinations,

approvals.

This section applies if—

the AER is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law (NSW), or this Act, or an instrument made or having effect under this Act (the authorising law), and

the AER takes the preparatory step—

at or after the time that the South Australian Act was enacted, but

before the time that the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of New South Wales.

For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The regulations may—

amend Schedule 1, and

prescribe modifications to the regulations, as amended from time to time, under the National Energy Retail Law set out in the Schedule to the South Australian Act for the purposes of section 5 of this Act, and

modify the operation of the National Energy Retail Rules, to the extent that they apply as a law of this State.

The Governor may make such regulations as are contemplated by the National Energy Retail Law (NSW) as being made under this Act, including regulations constituting local instruments being made under this Act as the application Act of this jurisdiction.

Regulations made under this Act may create offences punishable by a penalty not exceeding 100 penalty units.

An offence created by a regulation made under this Act is a summary offence.