Australian Energy Market Amendment (Minor Amendments) Act 2008

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

Legislation au C2008A00060 In force Act

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Australian Energy Market Amendment (Minor Amendments) Act 2008

 

No. 60, 2008

 

 

 

 

 

An Act to amend the law relating to gas, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Administrative Decisions (Judicial Review) Act 1977

Schedule 2—Australian Energy Market Act 2004

Schedule 3—Australian Energy Market Amendment (Gas Legislation) Act 2007

Schedule 4—Trade Practices Act 1974

 

 

 

Australian Energy Market Amendment (Minor Amendments) Act 2008

No. 60, 2008

 

 

 

An Act to amend the law relating to gas, and for related purposes

[Assented to 30 June 2008]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Energy Market Amendment (Minor Amendments) Act 2008.

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.

30 June 2008

2.  Schedules 1 and 2

Immediately after the commencement of Schedule 1 to the Australian Energy Market Amendment (Gas Legislation) Act 2007.

1 July 2008 (see F2008L02164)

3.  Schedule 3

At the same time as Schedule 1 to the Australian Energy Market Amendment (Gas Legislation) Act 2007 commences.

1 July 2008  (see F2008L02164)

4.  Schedule 4

Immediately after the commencement of Schedule 1 to the Australian Energy Market Amendment (Gas Legislation) Act 2007.

1 July 2008 (see F2008L02164)

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Administrative Decisions (Judicial Review) Act 1977

 

1  Paragraph 2(d) of Schedule 3

Omit “2007”, substitute “2008”.

2  Paragraph 2(daa) of Schedule 3

Omit “2007”, substitute “2008”.

3  Paragraph 2(dab) of Schedule 3

Omit “the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia”, substitute “the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (Western Australia) Act 2008 of Western Australia)”.


Schedule 2—Australian Energy Market Act 2004

 

1  Section 3 (definition of South Australian Gas Legislation)

Omit “2007” (wherever occurring), substitute “2008”.

2  Section 3 (definition of Western Australian Gas Legislation)

Omit “the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia” (wherever occurring), substitute “the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (Western Australia) Act 2008 of Western Australia)”.

3  Subsections 11A(1) and (3)

Omit “2007”, substitute “2008”.

4  Subsection 11B(1)

Omit “2007”, substitute “2008”.

5  Paragraph 11H(2)(a)

Omit “2007”, substitute “2008”.

6  Subsection 11H(3)

Omit “2007”, substitute “2008”.

7  Subsection 11J(1)

Omit “The National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia”, substitute “The National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (Western Australia) Act 2008 of Western Australia)”.

8  Subsection 11J(2)

Omit “the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia”, substitute “the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (Western Australia) Act 2008 of Western Australia)”.

9  Section 11K

Omit “2007”, substitute “2008”.

10  Paragraph 11R(2)(a)

Omit “the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia”, substitute “the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (Western Australia) Act 2008 of Western Australia)”.

11  Subsection 11R(3)

Omit “the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia”, substitute “the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (Western Australia) Act 2008 of Western Australia)”.

12  Subsection 13D(3)

Omit “2007”, substitute “2008”.

13  Subsection 13E(3)

Omit “2007”, substitute “2008”.


Schedule 3—Australian Energy Market Amendment (Gas Legislation) Act 2007

 

1  Item 4 of Schedule 2

Repeal the item, substitute:

4  Paragraph 11J(1)(a)

Omit “adjacent area”, substitute “offshore area”.

Note 1: The heading to section 11J is altered by omitting “adjacent area” and substituting “offshore area”.

Note 2: The heading to section 11K is altered by omitting “adjacent area” and substituting “offshore area”.


Schedule 4—Trade Practices Act 1974

 

1  Subsection 4(1) (definition of South Australian Gas Legislation)

Omit “2007” (wherever occurring), substitute “2008”.

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

Omit “the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia” (wherever occurring), substitute “the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (Western Australia) Act 2008 of Western Australia)”.

3  Section 44B (paragraphs (a) and (b) of the definition of National Gas Law)

Omit “2007”, substitute “2008”.

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

Omit “the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia”, substitute “the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (Western Australia) Act 2008 of Western Australia)”.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 20 March 2008

Senate on 23 June 2008]

(48/08)

 

Overview

The Australian Energy Market Amendment (Minor Amendments) Act 2008, enacted by the Parliament of Australia, is a legislative instrument designed to make minor amendments to the law relating to gas. The Act received royal assent on 30 June 2008, and its provisions commenced on various dates, predominantly from 1 July 2008, contingent on the commencement of related legislation. This Act addresses legislative gaps and discrepancies by updating references to specific years and laws to reflect the most current legislative framework. The policy objective of the Act is to ensure that the regulatory environment for gas remains aligned with the most recent legislative updates and to facilitate seamless integration of gas laws within the broader energy market framework. The Act amends several pieces of legislation, including the Australian Energy Market Act 2004 and the Trade Practices Act 1974, to correct outdated references and ensure consistency across related statutes.

Scope and Application

The Australian Energy Market Amendment (Minor Amendments) Act 2008 amends the law relating to gas in Australia, specifically focusing on the minor amendments required in various legislative instruments to reflect changes made by subsequent legislation. This Act applies to several specified Acts, including the Administrative Decisions (Judicial Review) Act 1977, the Australian Energy Market Act 2004, the Australian Energy Market Amendment (Gas Legislation) Act 2007, and the Trade Practices Act 1974. The amendments made by this Act are largely technical and involve updating references to legislative instruments from 2007 to 2008 and correcting definitions related to gas legislation in South Australia and Western Australia. The geographic reach of this Act is national, as it affects federal legislation that governs energy markets across Australia. The Act does not explicitly state any exclusions, exemptions, or thresholds, but its amendments are targeted to specific references within the mentioned Acts. The Act's application may be further extended or restricted through subordinate instruments, although no such provisions are explicitly stated in the text provided.

Key Provisions

The Australian Energy Market Amendment (Minor Amendments) Act 2008 primarily focuses on updating and clarifying references within several key pieces of legislation to reflect the most recent laws. Sections 1 to 3 and unspecified provisions of the Act commenced on 30 June 2008, the date the Act received Royal Assent. Schedules 1, 2, 3, and 4 of the Act commenced on 1 July 2008, aligning with the commencement of Schedule 1 to the Australian Energy Market Amendment (Gas Legislation) Act 2007. The Act amends the Administrative Decisions (Judicial Review) Act 1977, the Australian Energy Market Act 2004, and the Trade Practices Act 1974 to update references from 2007 to 2008 and to adjust references from the National Gas Access Law in Western Australia from 2007 to the National Gas Access (Western Australia) Law of 2008. The amendments impose obligations on entities governed by these Acts to ensure that they comply with the updated references. This includes updating internal documentation, policies, and procedures to reflect the new legislative references. For example, entities must ensure that their compliance programs and operational guidelines are aligned with the 2008 references rather than the outdated 2007 references. Furthermore, the changes necessitate that entities review and possibly revise any contractual agreements or legal frameworks that reference the old laws to incorporate the updated legislative provisions. Breaches of these updated legislative requirements can result in various consequences depending on the nature and severity of the non-compliance. While the Act itself does not explicitly outline specific offences or penalties for non-compliance with the amendments, entities may still face civil or criminal consequences under the primary Acts they are governed by. For instance, non-compliance with the Australian Energy Market Act 2004 could potentially lead to enforcement actions by the Australian Energy Regulator, which may include fines or other regulatory penalties. Similarly, breaches under the Trade Practices Act 1974 could result in actions by the Australian Competition and Consumer Commission, potentially leading to substantial fines or other corrective measures. Therefore, entities must take the amendments seriously to avoid any adverse legal or financial repercussions.

Legal classification tags

Area of Law
Energy Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

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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.