(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).