EXPLANATORY STATEMENT
Australian Energy Market Amendment (AEMO and Other Measures) Act 2009
Proclamation
Subsection 2 (1) of the Australian Energy Market Amendment (AEMO and Other Measures) Act 2009 (the Act) provides that items 7 to 11 and item 13 of Schedule 1 to the Act commence on a day to be fixed by Proclamation. However, if any of these provisions do not commence within six months of the date the Act receives Royal Assent, then those provisions commence on the first day after the end of that six month period. The Act received Royal Assent on 26 March 2009.
The purpose of the proposed Proclamation is to fix the commencement of items 7 to 11 and item 13 as the same day that the National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Act 2009 of South Australia commences. Upon the commencement of the South Australian Act, AEMO will replace the National Electricity Market Management Company (NEMMCO) which will then require the consequential amendments being made by the Act.
The Act makes minor consequential amendments to existing Commonwealth legislation as a result of co-operative energy reform legislation being passed in other jurisdictions. All the provisions of the Act, other than items 7 to 11 and item 13 of Schedule 1, commenced on Royal Assent or the following day.
Items 7 to 11 and item 13 of Schedule 1 to the Act provide for references to the National Electricity Market Management Company, or NEMMCO, to be replaced with references to the Australian Energy Market Operator, or AEMO, as AEMO will be taking over the corporate structure and functions of NEMMCO (and other organisations) as the new national energy market operator. The proposed date for proclamation aligns commencement of the Commonwealth’s amendments with the establishment of AEMO.