Document ID: chunk:federal_register_of_legislation:C2008C00302:clause:1_13a
Version: federal_register_of_legislation:C2008C00302
Segment Type: clause
Provision Reference: sch 1 cl 13A
Character Range: 26219–27858

13A  Commonwealth consent to conferral of functions etc. on Commonwealth Minister

 (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Commonwealth Minister for the purposes of that law.

Note 1: Section 13C sets out when such a law imposes a duty on the Commonwealth Minister.

Note 2: Functions and powers conferred, and duties imposed, on the National Competition Council by a State/Territory energy law are dealt with under section 29BA of the Trade Practices Act 1974.

Note 3: Functions and powers conferred, and duties imposed, on the Australian Energy Regulator by a State/Territory energy law are dealt with under section 44AI of the Trade Practices Act 1974.

Note 4: Functions and powers conferred, and duties imposed, on the Australian Competition Tribunal by a State/Territory energy law are dealt with under section 44ZZM of the Trade Practices Act 1974.

 (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:
 (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth Minister; or
 (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.

 (3) The Commonwealth Minister cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.