Australian Energy Regulator – Full-Time State/Territory AER Member and AER Deputy Chair – Reappointment (No. 1) 2022

Overview

The Australian Energy Regulator – Full-Time State/Territory AER Member and AER Deputy Chair – Reappointment (No. 1) 2022I is a notifiable instrument enacted in 2022. This instrument addresses the need to maintain continuity and expertise within the Australian Energy Regulator (AER) by reappointing a qualified individual to a key leadership position. The reappointment ensures that the AER, which plays a critical role in regulating energy markets, continues to benefit from experienced oversight. Enacted under the authority of the Competition and Consumer Act 2010, the policy objective is to secure effective and efficient regulation of energy markets by retaining experienced leadership within the AER. The reappointment of James Cox PSM as a full-time State/Territory AER Member and AER Deputy Chair for a period of two years reflects a commitment to stability and expertise in energy market regulation.

Scope and Application

The F2022N00092 Notifiable Instrument pertains to the reappointment of James Cox PSM to the position of a State/Territory Australian Energy Regulator (AER) Member on a full-time basis, along with his role as the AER Deputy Chair, for a duration of two years commencing on 26 June 2022. This instrument operates under the authority of the Governor-General of the Commonwealth of Australia, David Hurley AC DSC (Retd), acting on the advice of the Federal Executive Council, and pursuant to the provisions of the Competition and Consumer Act 2010, specifically subsections 44AP(1) and 44ARA(1). The reappointment is aimed at ensuring continuity and stability within the AER, an entity responsible for regulating the energy sector in Australia, which impacts various industries and entities involved in energy supply and distribution. The instrument does not explicitly outline exclusions, exemptions, or thresholds, nor does it detail how the scope may extend or restrict through subordinate instruments, as the primary focus is on the reappointment itself.

Key Provisions

The main operative sections of the Australian Energy Regulator – Full-Time State/Territory AER Member and AER Deputy Chair – Reappointment (No. 1) 2022I (F2022N00092) involve the reappointment of James Cox PSM to two positions within the Australian Energy Regulator (AER) (section 1). Specifically, the instrument reappoints Mr Cox as a full-time State/Territory AER Member and as the AER Deputy Chair, effective from 26 June 2022, for a period of two years. This reappointment follows the authority granted under the Competition and Consumer Act 2010, specifically under subsections 44AP(1) and 44ARA(1). This legislative instrument thus formalises the continuation of Mr Cox's role in these capacities, ensuring he can continue to contribute to the AER's mandate. In terms of obligations and requirements, the Act does not explicitly outline specific duties or requirements for Mr Cox in his roles beyond the reappointment itself. However, the positions of State/Territory AER Member and AER Deputy Chair come with inherent responsibilities typically associated with regulatory oversight and governance within the energy sector. These roles likely involve participation in decision-making processes, policy development, and ensuring compliance with energy regulations, among other duties typical of regulatory bodies. The Act does not detail specific offences or penalties for breach, as it primarily serves a declarative function regarding the reappointment. However, any failure to adhere to the roles and responsibilities associated with being a State/Territory AER Member or AER Deputy Chair would likely be subject to the broader regulatory and legal frameworks governing the AER and the Competition and Consumer Act 2010. Under these frameworks, breaches of duty or misconduct could lead to various civil or criminal consequences, including potential penalties as prescribed by the relevant laws. For example, serious breaches of duty could result in disciplinary actions or legal proceedings under the Act, with penalties potentially including fines or other sanctions as deemed appropriate by the courts.