Competition and Consumer Act - Australia

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acting SES employee.

      Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.

      44AAI Fees

      (1) The AER may charge a fee specified in the regulations for services provided by it in performing any of its functions, or exercising any of its powers, under this Part or under regulations made under this Act, or under another law of the Commonwealth or a State/Territory energy law.

      (2) The fee must not be such as to amount to taxation.

      44AAJ Annual report

      (1) The AER must, within 60 days after the end of each year ending on 30 June, give the Minister a report on its operations during that year, for presentation to the Parliament.

      Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.

      (2) The Minister must give a copy of the report to the relevant Minister of each of the States, the Australian Capital Territory and the Northern Territory.

      44AAK Regulations may deal with transitional matters

      (1) The Governor-General may make regulations dealing with matters of a transitional nature relating to the transfer of functions and powers from a body to the AER.

      (2) Without limiting subsection (1), the regulations may deal with:

      (a) the transfer of any relevant investigations being conducted by the body at the time of the transfer of functions and powers to the AER; or

      (b) the transfer of any decisions or determinations being made by the body at the time of the transfer of functions and powers to the AER; or

      (c) the substitution of the AER as a party to any relevant proceedings that are pending in any court or tribunal at the time of the transfer of functions and powers to the AER; or

      (d) the transfer of any relevant information from the body to the AER.

      (3) In this section:

      matters of a transitional nature also includes matters of an application or saving nature.

      Part IIIA Access to services

      Division 1

      Preliminary

      44AA Objects of Part

      The objects of this Part are to:

      (a) promote the economically efficient operation of, use of and investment in the infrastructure by which services are provided, thereby promoting effective competition in upstream and downstream markets; and

      (b) provide a framework and guiding principles to encourage a consistent approach to access regulation in each industry.

      44B Definitions

      In this Part, unless the contrary intention appears:

      access code means a code referred to in section 44ZZAA.

      access code application means:

      (a) an access code given to the Commission; or

      (b) a request made to the Commission for the withdrawal or variation of an access code; or

      (c) an application under subsection 44ZZBB(4) for an extension of the period for which an access code is in operation.

      access code decision means:

      (a) a decision under section 44ZZAA to accept or reject an access code; or

      (b) a decision under section 44ZZAA to consent or refuse to consent to the withdrawal or variation of an access code; or

      (c) a decision under section 44ZZBB to extend or refuse to extend the period for which an access code is in operation.

      access undertaking means an undertaking under section 44ZZA.

      access undertaking application means:

      (a) an access undertaking given to the Commission; or

      (b) a request made to the Commission for the withdrawal or variation of an access undertaking; or

      (ba) a request made to the Commission under subsection 44ZZAAB(7) to consent to the revocation or variation of a fixed principle included as a term of an access undertaking; or

      (c) an application under subsection 44ZZBB(1) for an extension of the period for which an access undertaking is in operation.

      access undertaking decision means:

      (a) a decision under section 44ZZA to accept or reject an access undertaking; or

      (b) a decision under section 44ZZA to consent or refuse to consent to the withdrawal or variation of an access undertaking; or

      (ba) a decision under subsection 44ZZAAB(7) to consent or refuse to consent to the revocation or variation of a fixed principle included as a term of an access undertaking; or

      (c) a decision under section 44ZZBB to extend or refuse to extend the period for which an access undertaking is in operation.

      Commonwealth Minister means the Minister.

      constitutional trade or commerce means any of the following:

      (a) trade or commerce among the States;

      (b) trade or commerce between Australia and places outside Australia;

      (c) trade or commerce between a State and a Territory, or between 2 Territories.

      declaration means a declaration made by the designated Minister under Division 2.

      declaration recommendation means a recommendation made by the Council under section 44F.

      declared service means a service for which a declaration is in operation.

      designated Minister has the meaning given by section 44D.

      determination means a determination made by the Commission under Division 3.

      director has the same meaning as in the Corporations Act 2001.

      entity means a person, partnership or joint venture.

      final determination means a determination other than an interim determination.

      fixed principle has the meaning given by section 44ZZAAB.

      ineligibility recommendation means a recommendation made by the Council under section 44LB.

      interim determination means a determination that is expressed to be an interim determination.

      modifications includes additions, omissions and substitutions.

      National Gas Law means:

      (a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time, as that Law applies as a law of South Australia; or

      (b) if an Act of another State or of the Australian Capital Territory or the Northern Territory applies the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia, as in force from time to time, as a law of that other State or of that Territory — the National Gas Law as so applied; or

      (c) the Western Australian Gas Legislation; or

      (d) the National Gas (Commonwealth) Law (within the meaning of the Australian Energy Market Act 2004);

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