Australian Capital Territory
Electricity (National Scheme) Act 1997    
A1997-79
Republication No 3
Effective:  1 July 2012 – 1 July 2017
Republication date: 1 July 2012
Last amendment made by A2012‑32

About this republication
The republished law
This is a republication of the Electricity (National Scheme) Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2012.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2012.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Electricity (National Scheme) Act 1997

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	3A	Terms used in National Electricity (ACT) Law	2
	4	Extraterritorial operation	2
Part 2	National Electricity (ACT) Law and National Electricity (ACT) Regulations
	5	Application in ACT of National Electricity Law	4
	6	Application of regulations under National Electricity Law	4
	7	Interpretation of certain expressions	4
Part 3	Miscellaneous
	8	Regulation-making power	6
Part 4	Transitional—National Energy Retail Law
	9	Validation of instruments and decisions made by AER	7
	10	AER—authorisation of preparatory steps	8
	11	Transitional regulations	9
	12	Expiry—pt 4	10
Dictionary		11
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13
	4	Amendment history	14
	5	Earlier republications	15

Australian Capital Territory
Electricity (National Scheme) Act 1997

An Act to make provision for the operation of a national electricity market, and for related purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Electricity (National Scheme) Act 1997.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A	Terms used in National Electricity (ACT) Law
A term used in the National Electricity (ACT) Law has the same meaning in this Act.
4	Extraterritorial operation
It is the intention of the Legislative Assembly that the operation of this Act, the National Electricity (ACT) Law and the National Electricity (ACT) Regulation should, so far as possible, include operation in relation to the following:
	(a)	land situated outside the ACT, whether in or outside Australia;
	(b)	things situated outside the ACT, whether in or outside Australia;
	(c)	acts, transactions and matters done, entered into or happening outside the ACT, whether in or outside Australia;
	(d)	things, acts, transactions and matters (wherever situated, done, entered into or happening) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, a State, another Territory or a foreign country.

Part 2	National Electricity (ACT) Law and National Electricity (ACT) Regulation
    
5	Application in ACT of National Electricity Law
The National Electricity Law set out in the National Electricity (South Australia) Act 1996 (SA), schedule, as in force for the time being—
	(a)	applies as if it were an Act passed by the Legislative Assembly; and
	(b)	as so applying may be referred to as the National Electricity (ACT) Law.
6	Application of regulations under National Electricity Law
The regulations in force for the time being under the National Electricity (South Australia) Act 1996 (SA), part 4, as in force for the time being—
	(a)	apply as regulations in force for the National Electricity (ACT) Law; and
	(b)	as so applying may be referred to as the National Electricity (ACT) Regulation.
7	Interpretation of certain expressions
	(1)	In the National Electricity (ACT) Law and the National Electricity (ACT) Regulation:
Legislature of this jurisdiction means the Legislative Assembly.
the jurisdiction or this jurisdiction means the Territory.
the National Electricity Law or this Law means the National Electricity (ACT) Law.
	(2)	The Acts Interpretation Act 1915 (SA), and other Acts of South Australia, do not apply to—
	(a)	the National Electricity (ACT) Law; and
	(b)	the regulations in force for the time being under the National Electricity (South Australia) Act 1996 (SA), part 4 in their application as regulations in force for the purposes of the National Electricity (ACT) Law.

Part 3	Miscellaneous
8	Regulation-making power
The Executive may make regulations that the National Electricity (ACT) Law contemplates be made under this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 4	Transitional—National Energy Retail Law
9	Validation of instruments and decisions made by AER
	(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 amendments of the National Electricity (South Australia) Act 1996 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but
	(ii)	before the time (the application time) that the amendments started to apply under this Act as a territory law; and
	(b)	had the amendments 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 Electricity (ACT) Law;
	(ii)	the National Electricity (ACT) Regulation;
	(iii)	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 other publication requirements)—the AER has done anything that would, if the amendments 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.
10	AER—authorisation of preparatory steps
	(1)	This section applies if—
	(a)	the AER 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 Electricity (ACT) Law;
	(ii)	the National Electricity (ACT) Regulation;
	(iii)	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)	the preparatory step would have been required under the authorising law if the amendments of the National Electricity (South Australia) Act 1996 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a territory law; and
	(c)	the AER takes the preparatory step—
	(i)	at or after the time that the amendments were enacted; but
	(ii)	before the time that the amendments 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.
11	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of—
	(a)	the amendments of this Act made by the National Energy Retail Law (Consequential Amendments) Act 2012; or
	(b)	the amendments of the National Electricity (South Australia) Act 1996 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA); or
	(c)	the enactment of the National Energy Retail Law (ACT) Act 2012.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
12	Expiry—pt 4
This part expires 5 years after the day it commences.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	Act
·	Commonwealth
·	Legislative Assembly
·	Minister (see s 162)
·	provision (see s 16)
·	Supreme Court
·	the Territory
·	under.
National Electricity (ACT) Law means the provisions applying because of section 5.
National Electricity (ACT) Regulations means the provisions applying because of section 6.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Electricity (National Scheme) Act 1997 A1997‑79 
notified 25 November 1997 (Gaz 1997 No S360)
s 1, s 2 commenced 25 November 1997 (s 2 (1))
remainder commenced 13 December 1998 (s 2 (2) and Gaz 1998 No S209)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 124
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 124 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.8
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.8 commenced 11 January 2006 (s 2 (1))
National Energy Retail Law (Consequential Amendments) Act 2012 A2012-32 pt 6
notified LR 14 June 2012
s 1, s 2 commenced 14 June 2012 (LA s 75 (1))
pt 6 commenced 1 July 2012 (s 2 (1) and see National Energy Retail Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)

4	Amendment history
Name of Act
s 1	sub A2005‑62 amdt 3.114
Dictionary
s 2	om A2001‑44 amdt 1.1453
	ins A2005‑62 amdt 3.114
Notes
s 3	sub A2005‑62 amdt 3.114
Terms used in National Electricity (ACT) Law
s 3A	ins A2005‑62 amdt 3.114
Interpretation of certain expressions
s 7	am A2005‑62 amdt 3.115
Miscellaneous
pt 3 hdg	ins A2012‑32 s 37
Regulation-making power
s 8	ins A2012‑32 s 37
Transitional—National Energy Retail Law
pt 4 hdg	ins A2012‑32 s 37
	exp 1 July 2017 (s 12)
Validation of instruments and decisions made by AER
s 9	ins A2012‑32 s 37
	exp 1 July 2017 (s 12)
AER—authorisation of preparatory steps
s 10	ins A2012‑32 s 37
	exp 1 July 2017 (s 12)
Transitional regulations
s 11	ins A2012‑32 s 37
	exp 1 July 2017 (s 12)
Expiry—pt 4
s 12	ins A2012‑32 s 37
	exp 1 July 2017 (s 12)
Dictionary
dict	ins A2005‑62 amdt 3.116
	def National Electricity (ACT) Law ins A2005‑62 amdt 3.116
	def National Electricity (ACT) Regulations ins A2005‑62 amdt 3.116

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
19 Apr 2002	19 Apr 2002–
10 Jan 2006	A2001‑44	amendments by A2001‑44	
R2
11 Jan 2006	11 Jan 2006–
30 June 2012	A2005‑62	amendments by A2005‑62	

©  Australian Capital Territory 2012