Federal Register of Legislation - Australian Government

Primary content

SLI 2012 No. 150 Regulations as made
This regulation amends the Competition and Consumer Regulations 2010 for purposes which are consequential to the application of the National Energy Retail Law (NERL) in participating states and territories and for other purposes.
Administered by: Treasury
General Comments: Amendments commencing on commencement of section 4 of National Energy Retail Law (Victoria) Act 2012 of Victoria will not commence because the Bill to that Act was withdrawn.
Registered 28 Jun 2012
Tabling HistoryDate
Tabled HR14-Aug-2012
Tabled Senate14-Aug-2012
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013
Table of contents.

Commonwealth Coat of Arms

Competition and Consumer Amendment Regulation 2012 (No. 2)1

Select Legislative Instrument 2012 No. 150

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Competition and Consumer Act 2010.

Dated 28 June 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

DAVID BRADBURY


Contents

                        1      Name of regulation                                                          2

                        2      Commencement                                                              2

                        3      Amendment of Competition and Consumer Regulations 2010 2

Schedule 1                  Amendments commencing on 1 July 2012                     3

Schedule 2                  Amendments commencing on commencement of section 4 of National Energy Retail Law (Victoria) Act 2012 of Victoria                                         6

 

 


1              Name of regulation

                This regulation is the Competition and Consumer Amendment Regulation 2012 (No. 2).

2              Commencement

                This regulation commences as follows:

                 (a)     on 1 July 2012—sections 1 to 3 and Schedule 1;

                (b)     on the commencement of section 4 of the National Energy Retail Law (Victoria) Act 2012 of Victoria—Schedule 2.

3              Amendment of Competition and Consumer Regulations 2010

                Schedules 1 and 2 amend the Competition and Consumer Regulations 2010.


Schedule 1        Amendments commencing on 1 July 2012

(section 3)

 

[1]           Regulation 7

omit

                For paragraph 44AAF (3) (e) of the Act, the bodies set out in the following table are prescribed bodies.

insert

         (1)   For paragraph 44AAF (3) (e) of the Act, the persons and bodies set out in the table are prescribed persons and bodies.

[2]           Regulation 7, table, column 2, heading

substitute

Prescribed person or body

[3]           Regulation 7, table, item 4.2

substitute

4.2

Energy and Water Ombudsman established by section 10 of the Energy and Water Ombudsman Act 2006 of Queensland

[4]           Regulation 7, table, item 8.2

substitute

8.2

ACT Civil and Administrative Tribunal established by section 88 of the ACT Civil and Administrative Tribunal Act 2008 of the Australian Capital Territory    

[5]           Regulation 7, table, after item 8.2

insert

Each jurisdiction that has applied the National Energy Retail Law as a law of the jurisdiction

9.1

The Minister responsible for administration of the national energy retail legislation as it applies in the jurisdiction

[6]           Regulation 7

insert

         (2)   In this regulation:

National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time.

national energy retail legislation has the meaning given in subsection 2 (1) of the National Energy Retail Law.

[7]           Regulation 7A, table, before item 3.1

insert

New South Wales

2.1

Parts 2, 3 and 4 of, and Schedule 1 to, the National Energy Retail Law (Adoption) Act 2012 of New South Wales and regulations made under Parts 2, 3 and 4 of that Act

[8]           Regulation 7A, table, after item 3.1

insert

3.2

Parts 3, 4 and 5 of the National Electricity (Victoria) Act 2005 of Victoria and regulations and orders made under that Act

3.3

Part 5 of the National Gas (Victoria) Act 2008 of Victoria and regulations and orders made under that Act

Queensland

4.1

Parts 2 and 3 of, and the Schedule to, the National Energy Retail Law (Queensland) Act 2012 of Queensland, and regulations made under Parts 2 and 3 of, and the Schedule to, that Act.

[9]           Regulation 7A, table, after item 5.1

insert

South Australia

6.1

Parts 5, 6 and 7 of the National Energy Retail Law (South Australia) Act 2011 of South Australia and regulations made under Parts 5 and 7 of that Act

[10]         Regulation 7A, table, after item 7.1

insert

7.2

Parts 3, 4 and 5 of the National Energy Retail Law (Tasmania) Act 2012 of Tasmania and regulations made under Parts 3, 4 and 5 of that Act

Australian Capital Territory

8.1

Parts 5 and 6 of the National Energy Retail Law (ACT) Act 2012 of the Australian Capital Territory and regulations made under Parts 5 and 6 of that Act

[11]         After regulation 7A

insert

7AA        Australian Energy Regulator functions

                For paragraph 44AH (b) of the Act, the AER has the following functions:

                (a)    making an application for an order under section 44AAG of the Act and conducting proceedings relating to the application;

               (b)    instituting and conducting appeals relating to an application mentioned in paragraph (a).

Schedule 2        Amendments commencing on commencement of section 4 of National Energy Retail Law (Victoria) Act 2012 of Victoria

(section 3)

 

[1]           Regulation 7A, table, item 3.1

substitute

3.1

Part 3 of the Gas Industry Act 2001 of Victoria

[2]           Regulation 7A, table, after item 3.3

insert

3.4

Parts 4, 5, 6 and 7 of the National Energy Retail Law (Victoria) Act 2012 of Victoria and regulations made under that Act


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.