Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44AAEA

             (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).