Validation of instruments and decisions made by AER
25 Validation of instruments and decisions made by AER
This section applies to an instrument or decision made by the AER if—
the instrument or decision was made—
on or after the time that the amendments of the National
Gas Law by the Statutes
Amendment (National Energy Retail Law) Act 2011 were enacted;
before the time (the application time) that the amendments started to apply under this Act as a law of
South Australia; and
had the amendments started so to apply the making of the instrument or decision would have been authorised by or under one of the following laws (the authorising law):
the
National
Gas (South Australia) Law;
the
National
Gas (South Australia) Regulations;
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 amendments 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 had 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 as 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 Act’s bill:Second reading speech
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