Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies to an instrument or decision made by the AER if—
(a) the instrument or decision was made—
(i) at or after the time that the South Australian Act was enacted; but
(ii) before the time (the application time ) that the National Energy Retail Law first started to apply under this Act as a territory law; and
(b) had the National Energy Retail Law started so to apply the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law ):
(i) the National Energy Retail Law (ACT) ;
Note A reference to the National Energy Retail Law (ACT) includes a reference to the statutory instruments made or in force under that Law, including the National Energy Retail Regulation (ACT) (see s 9 (2) and Legislation Act, s 104).
(ii) this Act; and
Note The Legislation Act, s 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act.
(c) in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the National Energy Retail Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
Example—instrument
guidelines
Examples—decisions
1 appointments
2 determinations
3 approvals
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) For the authorising law, the instrument or decision—
(a) is taken to be valid; and
(b) has effect from the application time—
(i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and
(ii) subject to that law as so applying.