Australian Capital Territory Numbered Acts

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NATIONAL ENERGY RETAIL LAW (ACT) ACT 2012 (NO. 31 OF 2012) - SECT 9

Exclusion of legislation of ACT and SA

    (1)     The Legislation Act does not apply to 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) and the National Energy Retail Rules (see s (2) and Legislation Act, s 104).

    (2)     However , the following provisions of the Legislation Act apply to the National Energy Retail Law (ACT) as if that Law were an Act:

        (a)     section 104 (References to laws include references to instruments under laws);

        (b)     part 19.4 (Delegations);

        (c)     section 254A (Delegation by Minister).

Note 1     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.

Note 2     The Legislation Act, s 254A provides that a Minister may delegate the Minister's functions under an Act to anyone else. Pt 19.4 deals with the making of delegations and the exercise of delegated functions.

    (3)     To remove any doubt, subsection (1) does not limit the application of the Legislation Act to this Act.

    (4)     The Legislation Act, chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments) does not apply to an instrument mentioned in section 20 (Small compensation claims regime), section 23 (Regulation-making power) or section 24 (Local instruments for National Energy Retail Law (ACT)).

    (5)     The Acts Interpretation Act 1915 (SA), the Subordinate Legislation Act 1978 (SA) and other Acts of South Australia do not apply to the National Energy Retail Law (ACT).



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