Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 99, 2004
Compilation No. 14
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 30 September 2021
About this compilation
This compilation
This is a compilation of the Australian Energy Market Act 2004 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
4 Crown to be bound
5 Extra-territorial operation
Part 2--Application of energy laws as laws of the Commonwealth
Division 1--Electricity laws
6 Application of National Electricity Law in offshore areas etc.
7 Application of National Electricity Regulations in offshore areas etc.
9 Functions and powers of the Australian Energy Market Commission under the National Electricity (Commonwealth) Law and Regulations
10 Functions and powers of the Australian Energy Regulator under the National Electricity (Commonwealth) Law and Regulations
10A Functions and powers of the Australian Competition Tribunal under the National Electricity (Commonwealth) Law and Regulations
10B Functions and powers of the Commonwealth Minister under the National Electricity (Commonwealth) Law and Regulations
11 Interpretation of some expressions in the National Electricity (Commonwealth) Law and Regulations etc.
Division 2--Gas laws
Subdivision A--General
11A Application of National Gas Law in offshore areas, certain Territories etc.
11B Application of National Gas Regulations in offshore areas, certain Territories etc.
11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations
11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations
11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations
11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations
11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations
11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.
Subdivision B--Offshore Western Australian pipelines
11J Application of Offshore Western Australian Pipelines Law in offshore area of Western Australia
11K Application of Offshore Western Australian Pipelines Regulations in offshore area of Western Australia
11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.
11S Inter-governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
Division 2A--Energy retail laws
11T Application of National Energy Retail Law in offshore areas etc.
11U Application of National Energy Retail Regulations in offshore areas etc.
11V Functions and powers of the Australian Energy Market Commission under the National Energy Retail Law and Regulations (Commonwealth)
11W Functions and powers of the Australian Energy Regulator under the National Energy Retail Law and Regulations (Commonwealth)
11X Functions and powers of the Australian Competition Tribunal under the National Energy Retail Law and Regulations (Commonwealth)
11Y Functions and powers of the Commonwealth Minister under the National Energy Retail Law and Regulations (Commonwealth)
11Z Interpretation of the National Energy Retail Law and Regulations (Commonwealth) etc.
Division 3--Prescribed uniform energy laws
12 Application of other uniform energy laws in offshore areas
Part 3--Miscellaneous
13 Application of the Administrative Decisions (Judicial Review) Act 1977
13A Commonwealth consent to conferral of functions etc. on Commonwealth Minister
13B How duty is imposed
13C When a State/Territory energy law imposes a duty
13D No Commonwealth tax consequences for certain transfers of assets and liabilities etc.
13E Exemption from State and Territory taxes
13F Legislative instruments
13G Jurisdiction of the Federal Court
13H Jurisdiction of the Supreme Court of Western Australia
13J Jurisdiction of a State or Territory court under a prescribed uniform energy law
13K Validation of instruments and decisions of Australian Energy Regulator--energy retail laws
13L Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator--energy retail laws
13M Validation of instruments and decisions of Australian Energy Regulator--electricity and gas laws
13N Authorisation of preparatory steps for instruments or decisions of Australian Energy Regulator--electricity and gas laws
14 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
99, 2004 | 30 June 2004 |
| ||
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 | 17, 2006 | 29 Mar 2006 | Schedule 2 (items 2-5): 1 July 2008 (see s. 2(1) and F2008L02273) | -- |
as amended by |
|
|
|
|
Australian Energy Market Amendment (Gas Legislation) Act 2007 | 45, 2007 | 10 Apr 2007 | Schedule 2 (item 9): (see 45, 2007 below) | -- |
60, 2006 | 22 June 2006 | Schedule 2 (items 2-11): (a) | -- | |
Australian Energy Market Amendment (Gas Legislation) Act 2007 | 45, 2007 | 10 Apr 2007 | Schedule 1 (items 2-50): 1 July 2008 (see F2008L02164) | -- |
as amended by |
|
|
|
|
Australian Energy Market Amendment (Minor Amendments) Act 2008 | 60, 2008 | 30 June 2008 | Schedule 3: 1 July 2008 (see s. 2(1) and F2008L02164) | -- |
Australian Energy Market Amendment (Minor Amendments) Act 2008 | 60, 2008 | 30 June 2008 | Schedule 2: (c) | -- |
Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 | 117, 2008 | 21 Nov 2008 | Schedule 3 (items 1, 2): 22 Nov 2008 | -- |
Australian Energy Market Amendment (AEMO and Other Measures) Act 2009 | 17, 2009 | 26 Mar 2009 | Schedule 1 (items 2-6): 27 Mar 2009 | -- |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Schedule 6 (items 1, 25, 26): 1 Jan 2011 | -- |
Australian Energy Market Amendment (National Energy Retail Law) Act 2011 | 119, 2011 | 14 Oct 2011 | Schedule 1: 1 July 2012 (see s. 2(1)) | Sch. 1 (item 19) |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Schedule 1 (items 46, 47): 12 Apr 2013 (see s. 2(1)) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 47): 5 Mar 2016 (s 2(1) item 2) | -- |
13, 2021 | 1 Mar 2021 | -- |
(a) Subsection 2(1) (item 4) of the Energy Legislation Amendment Act 2006 provides as follows:
(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 |
4. Schedule 2, items 2 to 11 | Immediately after the commencement of sections 3 to 14 of the Australian Energy Market Act 2004. | 30 June 2005 |
(b) Subsection 2(1) (item s 3 and 4) of the Australian Energy Market Amendment (Gas Legislation) Act 2007 provides as follows:
(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.
Provision(s) | Commencement | Date/Details |
3. Schedule 2, items 1 to 8 | The later of: (a) immediately after the commencement of Schedule 1; and (b) immediately after the commencement of Chapter 2 of the Offshore Petroleum Act 2006. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2008 (paragraph (b) applies) |
4. Schedule 2, item 9 | Immediately after the commencement of Chapter 2 of the Offshore Petroleum Act 2006. However, the provision(s) do not commence at all if Chapter 2 of the Offshore Petroleum Act 2006 commences before the commencement of Schedule 1 to this Act. | 1 July 2008 |
(c) Subsection 2(1) (item 2) of the Australian Energy Market Amendment (Minor Amendments) Act 2008 provides as follows:
(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.
Provision(s) | Commencement | Date/Details |
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 |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 17, 2006; No 60, 2006; No 45, 2007; No 60, 2008; No 117, 2008; No 17, 2009; No 103, 2010; No 119, 2011 |
s 4..................... | rs No 45, 2007 |
| am No 119, 2011 |
s 5..................... | rs No 45, 2007 |
| am No 119, 2011 |
Part 2 |
|
Division 1 |
|
Division 1 heading.......... | ad No 45, 2007 |
s 6..................... | am No 17, 2006; No 60, 2006; No 45, 2007 |
s 7..................... | am No 17, 2006 |
s 8..................... | am No 60, 2006 |
| rep No 45, 2007 |
s 9..................... | am No 45, 2007 |
s 10.................... | am No 45, 2007 |
s 10A................... | ad No 45, 2007 |
s 10B................... | ad No 45, 2007 |
s 11.................... | am No 60, 2006; No 45, 2007; No 13, 2013; No 13, 2021 |
Division 2 |
|
Division 2................ | ad No 45, 2007 |
Subdivision A |
|
s 11A................... | ad No 45, 2007 |
| am No 45, 2007; No 60, 2008 |
s 11B................... | ad No 45, 2007 |
| am No 60, 2008 |
s 11C................... | ad No 45, 2007 |
s 11D................... | ad No 45, 2007 |
s 11E................... | ad No 45, 2007 |
s 11F................... | ad No 45, 2007 |
s 11G................... | ad No 45, 2007 |
s 11H................... | ad No 45, 2007 |
| am No 60, 2008; No 13, 2013; No 13, 2021 |
Subdivision B |
|
s 11J.................... | ad No 45, 2007 |
| am No 45, 2007; No 60, 2008; No 17, 2009 |
s 11K................... | ad No 45, 2007 |
| am No 60, 2008; No 17, 2009 |
s 11L................... | ad No 45, 2007 |
s 11M................... | ad No 45, 2007 |
s 11N................... | ad No 45, 2007 |
s 11P................... | ad No 45, 2007 |
s 11Q................... | ad No 45, 2007 |
s 11R................... | ad No 45, 2007 |
| am No 60, 2008; No 17, 2009 |
s 11S................... | ad No 45, 2007 |
Division 2A |
|
Division 2A............... | ad No 119, 2011 |
s 11T................... | ad No 119, 2011 |
s 11U................... | ad No 119, 2011 |
s 11V................... | ad No 119, 2011 |
s 11W................... | ad No 119, 2011 |
s 11X................... | ad No 119, 2011 |
s 11Y................... | ad No 119, 2011 |
s 11Z................... | ad No 119, 2011 |
Division 3 |
|
Division 3 heading.......... | ad No 45, 2007 |
s 12.................... | am No 17, 2006; No 45, 2007 |
Part 3 |
|
s 13.................... | am No 45, 2007; No 119, 2011 |
s 13A................... | ad No 45, 2007 |
| am No 103, 2010 |
s 13B................... | ad No 45, 2007 |
| am No 119, 2011 |
s 13C................... | ad No 45, 2007 |
s 13D................... | ad No 45, 2007 |
| am No 60, 2008 |
s 13E................... | ad No 45, 2007 |
| am No 60, 2008 |
s 13F................... | ad No 45, 2007 |
| am No 119, 2011; No 126, 2016 |
s 13G................... | ad No 45, 2007 |
| am No 119, 2011 |
s 13H................... | ad No 45, 2007 |
s 13J.................... | ad No 45, 2007 |
s 13K................... | ad No 119, 2011 |
s 13L................... | ad No 119, 2011 |
s 13M................... | ad No 119, 2011 |
s 13N................... | ad No 119, 2011 |
s 14.................... | am No 45, 2007; No 119, 2011 |