Australian Energy Market Amendment (Gas Legislation) Act 2007 (45 of 2007)

Schedule 1   Amendments commencing on Proclamation

Part 1   Amendments

Trade Practices Act 1974

71   At the end of Subdivision C of Division 4 of Part IIIAA

Add:

44AAEA Arbitration

(1) Sections 44AAD and 44AAE do not apply to the AER as constituted for an arbitration under:

(a) the National Electricity (Commonwealth) Law (as defined by the Australian Energy Market Act 2004); or

(b) the National Gas (Commonwealth) Law (as defined by the Australian Energy Market Act 2004); or

(c) a provision of a State/Territory energy law.

(2) The reference in subsection (1) to an arbitration includes a reference to each of the following:

(a) the making, variation or revocation of an access determination (within the meaning of the law concerned);

(b) the performance of a function, or the exercise of a power, in connection with the making, variation or revocation of an access determination (within the meaning of the law concerned).