(1) This section applies if the AER—
(a) is required to do something (a preparatory step ) before making a decision or instrument under 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.
(b) takes the preparatory step—
(i) at or after the time that the South Australian Act was enacted; but
(ii) before the time that the National Energy Retail Law first started to apply under this Act as a territory law.
(2) For the authorising law, the
AER is taken to have complied with the requirement to take the preparatory
step.