Australian Energy Market Amendment (AEMO and Other Measures) Act 2009

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2009A00017 In force Act

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Australian Energy Market Amendment (AEMO and Other Measures) Act 2009

 

No. 17, 2009

 

 

 

 

 

An Act to amend the law relating to the Australian energy market, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Administrative Decisions (Judicial Review) Act 1977

Australian Energy Market Act 2004

Renewable Energy (Electricity) Act 2000

Trade Practices Act 1974

 

 

 

Australian Energy Market Amendment (AEMO and Other Measures) Act 2009

No. 17, 2009

 

 

 

An Act to amend the law relating to the Australian energy market, and for related purposes

[Assented to 26 March 2009]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Energy Market Amendment (AEMO and Other Measures) Act 2009.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

26 March 2009

2.  Schedule 1, items 1 to 6

The day after this Act receives the Royal Assent.

27 March 2009

3.  Schedule 1, items 7 to 11

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2009

(see F2009L02489 and South Australia Gazette 25 June 2009 p3000)

4.  Schedule 1, item 12

The day after this Act receives the Royal Assent.

27 March 2009

5.  Schedule 1, item 13

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2009

(see F2009L02489 and South Australia Gazette 25 June 2009 p3000)

6.  Schedule 1, item 14

The day after this Act receives the Royal Assent.

27 March 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Administrative Decisions (Judicial Review) Act 1977

1  Paragraph 2(dab) of Schedule 3

Omit “(Western Australia) Act 2008”, substitute “(WA) Act 2009”.

Australian Energy Market Act 2004

2  Section 3 (definition of Western Australian Gas Legislation)

Omit “(Western Australia) Act 2008” (wherever occurring), substitute “(WA) Act 2009”.

3  Subsections 11J(1) and (2)

Omit “(Western Australia) Act 2008”, substitute “(WA) Act 2009”.

4  Section 11K

Omit “(Western Australia) Act 2008”, substitute “(WA) Act 2009”.

5  Paragraph 11R(2)(a)

Omit “(Western Australia) Act 2008”, substitute “(WA) Act 2009”.

6  Subsection 11R(3)

Omit “(Western Australia) Act 2008”, substitute “(WA) Act 2009”.

Renewable Energy (Electricity) Act 2000

7  Subsection 5(1)

Insert:

AEMO has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.

8  Subsection 5(1) (definition of NEMMCO)

Repeal the definition.

9  Paragraph 31(2)(c)

Omit “NEMMCO”, substitute “AEMO”.

10  Paragraph 32(1)(a)

Omit “NEMMCO”, substitute “AEMO”.

11  Section 34

Omit “NEMMCO”, substitute “AEMO”.

Note: The heading to section 34 is altered by omitting “NEMMCO” and substituting “AEMO”.

Trade Practices Act 1974

12  Subsection 4(1) (definition of Western Australian Gas Legislation)

Omit “(Western Australia) Act 2008” (wherever occurring), substitute “(WA) Act 2009”.

13  Paragraph 44AAF(3)(c)

Omit “National Electricity Market Management Company”, substitute “Australian Energy Market Operator”.

14  Section 44B (paragraph (c) of the definition of National Gas Law)

Repeal the paragraph, substitute:

 (c) the Western Australian Gas Legislation; or

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 February 2009

Senate on 11 March 2009]

(16/09)

 

Overview

The Australian Energy Market Amendment (AEMO and Other Measures) Act 2009 was enacted by the Parliament of Australia to address and amend the law relating to the Australian energy market. The Act aims to bring consistency and clarity to the regulatory framework governing the energy market, particularly focusing on the roles and responsibilities of the Australian Energy Market Operator (AEMO). This legislative amendment was necessary to respond to evolving market conditions and to ensure that the regulatory environment effectively supports the efficient operation of the national electricity market. The policy objective of the Act is to enhance the governance and operational efficiency of the energy market, ensuring that it can meet future demands and adapt to changes in technology and market structure. The Act amends several existing pieces of legislation, including the Administrative Decisions (Judicial Review) Act 1977, the Australian Energy Market Act 2004, the Renewable Energy (Electricity) Act 2000, and the Trade Practices Act 1974, to reflect the changing role of AEMO and to correct certain inconsistencies and outdated references. By updating the legal definitions and references within these Acts, the Australian Energy Market Amendment (AEMO and Other Measures) Act 2009 seeks to streamline the regulatory landscape and provide a clearer and more effective governance structure for the energy market.

Scope and Application

The Australian Energy Market Amendment (AEMO and Other Measures) Act 2009 applies to various entities and industries involved in the Australian energy market, including the Australian Energy Market Operator (AEMO) and the National Electricity Market Management Company (NEMMCO), as well as legislative amendments to acts such as the Administrative Decisions (Judicial Review) Act 1977, Australian Energy Market Act 2004, Renewable Energy (Electricity) Act 2000, and Trade Practices Act 1974. The Act aims to redefine and clarify certain terms and references within these acts to align with the current national energy market structures and operational entities, particularly focusing on the role of AEMO. The jurisdictional reach of this Act is national, as it involves amendments to Commonwealth Acts that govern the energy market across Australia. While the Act primarily aims to update and streamline the legal framework for the energy market, it does not explicitly state exclusions or exemptions, suggesting that it applies broadly to all relevant entities and transactions within its scope. Additionally, the Act may extend its application through subordinate instruments, allowing for further regulation and clarification of its provisions.

Key Provisions

The Australian Energy Market Amendment (AEMO and Other Measures) Act 2009 (Act) amends various pieces of legislation to update and clarify definitions and references related to the Australian energy market. Key sections of the Act include the amendments to the Administrative Decisions (Judicial Review) Act 1977, Australian Energy Market Act 2004, Renewable Energy (Electricity) Act 2000, and Trade Practices Act 1974 (Schedule 1, items 1-14). These amendments ensure consistency and clarity in the references to the Australian Energy Market Operator (AEMO) and other relevant entities. The Act imposes specific obligations on the parties involved in the energy market. For instance, the amendments to the Australian Energy Market Act 2004 require the definition of Western Australian Gas Legislation to reflect the changes in the Western Australian Gas Legislation. Similarly, the Renewable Energy (Electricity) Act 2000 is updated to ensure that AEMO is appropriately referenced in place of NEMMCO (National Electricity Market Management Company). These amendments ensure that the definitions and references are up to date, facilitating compliance and effective governance within the energy market. The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breaches. However, given the nature of the amendments, non-compliance with the updated definitions and references could potentially lead to legal challenges or disputes. It is crucial for entities governed by these Acts to ensure they adhere to the updated provisions to avoid any potential legal ramifications. While the Act does not specify maximum penalties for non-compliance, breaches of the amended Acts could result in penalties as prescribed under the respective Acts, including fines and other enforcement actions.

Legal classification tags

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Environmental Law
Energy Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.