Document ID: chunk:federal_register_of_legislation:C2004A01343:clause:1_44ai
Version: federal_register_of_legislation:C2004A01343
Segment Type: clause
Provision Reference: sch 1 cl 44AI
Character Range: 8304–9322

44AI  Commonwealth consent to conferral of functions etc. on AER

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

Note: Section 44AK sets out when such a law imposes a duty on the AER.

 (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 AER; or
 (b) the authorisation would otherwise exceed the legislative power of the Commonwealth.

 (3) The AER 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 the Australian Energy Market Agreement, or any other relevant agreement between the Commonwealth and the State or Territory concerned.