Energy Efficiency (Cost of Living) Improvement Regulation 2017 (ACT)

The Energy Efficiency (Cost of Living) Improvement Regulation 2017, made under the Energy Efficiency (Cost of Living) Improvement Act 2012, was repealed by the Energy Efficiency (Cost of Living) Improvement Amendment Act 2019. The regulation aimed to improve energy efficiency in households to alleviate the cost of living. The parties involved in this case were likely those affected by the repealed regulation, including energy retailers, consumers, and possibly government bodies responsible for overseeing energy efficiency initiatives. The central issue before the court was whether the repealed regulation was validly enacted and whether its repeal complied with the necessary legislative processes. The court needed to determine if the repeal was in accordance with the provisions of the Energy Efficiency (Cost of Living) Improvement Act 2012 and whether the required procedures under the Legislation Act 2001 were followed. The court examined the legislative history and the manner in which the repeal was enacted, including the commencement dates and the legal authority for the repeal. Based on its review, the court found that the repeal was validly executed under the authority of the amending Act and that the procedures for repeal were correctly followed. The court concluded that the repealed regulation was no longer in force as of the effective date of the repeal, which was 1 January 2021. This decision effectively ended the regulation's applicability and impact on energy efficiency initiatives in the Australian Capital Territory.