Australian Energy Market Regulations 2005 (Cth)

Australian Energy Market Regulations 20051

Select Legislative Instrument 2005 No. 144

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Energy Market Act 2004.

Dated 15 June 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN MACFARLANE

Minister for Industry, Tourism and Resources

Contents

1Name of Regulations

These Regulations are the Australian Energy Market Regulations 2005.

2Commencement

These Regulations commence on the day on which Part 2 of the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia commences.

3Definitions

In these Regulations:

ACCC means the Australian Competition and Consumer Commission established under section 6A of the Trade Practices Act 1974.

Act means the Australian Energy Market Act 2004.

constitutional corporation means a corporation to which paragraph 51 (xx) of the Constitution applies.

National Electricity Code means the code of conduct that was mentioned in the National Electricity Law before the amendment of that law by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia.

National Electricity Law means the law mentioned in section 6 of the Act.

Note The National Electricity Law is the law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as in force from time to time.

National Electricity Rules means Rules made under the National Electricity Law after the amendment of that law by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia.

4Application and interpretation of National Electricity Law

1. (1)

   For subparagraph 6 (a) (ii) of the Act, the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as amended by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia, applies as a law of the Commonwealth to:

   1. (a)

      the circumstances of:

      1. (i)

         the giving to the ACCC by a constitutional corporation of an access undertaking under section 44ZZA of the Trade Practices Act 1974 in compliance with the requirements and terms of the National Electricity Code; and

      2. (ii)

         the continued operation of that access undertaking; and

   2. (b)

      in respect of those circumstances — the ACCC and the constitutional corporation.

2. (2)

   For section 14 of the Act, a reference to a document in clauses 7, 8 and 9 of Schedule 3 to the National Electricity Law, after the amendment of that law by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia, is taken to include a reference to an access undertaking mentioned in sub-regulation (1).

Note Clauses 7, 8 and 9 of Schedule 3 to the National Electricity Law, after the amendment of that law by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005, provide in summary that:

(a) every reference in a document (however described) to the National Electricity Code is deemed to be a reference to the National Electricity Rules; and

(b) every reference in a document (however described) to a provision of the National Electricity Code is deemed to be a reference to a provision of the National Electricity Rules that corresponds to that provision; and

(c) every reference in a document (however described) to a Code participant within the meaning of the National Electricity Law before it was amended by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 is deemed to be a reference to a Registered participant.

The effect of regulation 4 is to ensure that:

(a) the National Electricity Law, after the amendment of that law by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia, will apply as a law of the Commonwealth in relation to any access undertaking that has been given by a constitutional corporation to the ACCC under section 44ZZA of the Trade Practices Act 1974 in compliance with the requirements and terms of the National Electricity Code; and

(b) the deeming provisions in clauses 7, 8 and 9 of Schedule 3 of the National Electricity Law will be read as applying to the terms of the access undertaking.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See