NATIONAL ELECTRICITY (NEW SOUTH WALES) ACT 1997 - SECT 8B Validation of instruments and decisions made by Australian Energy Regulator

NATIONAL ELECTRICITY (NEW SOUTH WALES) ACT 1997 - SECT 8B

8B Validation of instruments and decisions made by Australian Energy Regulator

(1) This section applies to an instrument or a decision made by the AER if:

(a) the instrument or decision was made:

(i) at or after the time that the amendments to the National Electricity (South Australia) Act 1996 of South Australia by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia were enacted, but

(ii) before the time (the
"application time" ) that the amendments started to apply under this Act as a law of New South Wales, and

(b) had the amendments started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the
"authorising laws" ):

(i) the National Electricity (NSW) Law ,

(ii) the National Electricity (NSW) Regulations ,

(iii) this Act,

(iv) a regulation made under this Act, and

(c) if 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 amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.

(2) For the purposes of the authorising law:

(a) the instrument or decision is taken to be valid, and

(b) the instrument or decision 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 so applying.

(3) For the purposes of this section:

(a) guidelines are an example of an instrument, and

(b) the following are examples of decisions:

(i) appointments,

(ii) determinations,

(iii) approvals.