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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Australian Energy Market Commission Establishment
(Governance) Amendment Bill 2017
A BILL FOR
An Act to amend the
Australian
Energy Market Commission Establishment Act 2004
.
Contents
Part 2—Amendment of Australian Energy
Market Commission Establishment Act 2004
4Amendment of section
3—Interpretation
6Amendment of section 13—Terms and
conditions of appointment
7Amendment of section 14—Acting
Chairperson or Commissioner
8Amendment of section 21—Meetings of
AEMC
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Australian Energy Market Commission
Establishment (Governance) Amendment Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Australian Energy Market Commission
Establishment Act 2004
4—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of Commissioner
insert:
eligible MCE Minister means a Minister of the MCE eligible to
vote on a question arising for decision by the MCE, in accordance with its
procedures;
(2) Section 3(1), definition of MCE (States and
Territories)—delete the definition
(3) Section 3—after subsection (2) insert:
(3) For the purposes of this Act, if the calculation of two-thirds of the
eligible MCE Ministers results in a fraction, two-thirds of the eligible MCE
Ministers will be the number resulting from rounding up that fraction.
Section 12—delete the section and substitute:
12—Membership of AEMC
The AEMC is to consist of at least 3 and not more than 5 Commissioners
appointed by the Governor on the recommendation of the Minister, of
whom—
(a) 1, who will be appointed to be the Chairperson, will be a person
nominated for such appointment by at least two thirds of the eligible MCE
Ministers; and
(b) the remainder will be persons nominated for appointment by at least
two-thirds of the eligible MCE Ministers.
6—Amendment
of section 13—Terms and conditions of appointment
Section 13(4)—delete subsection (4) and substitute:
(4) If the office of a Commissioner becomes vacant, the following
provisions apply:
(a) if, immediately before the occurrence of the vacancy, the AEMC
consisted of 3 or fewer Commissioners, a person must be appointed in
accordance with this Act to the vacant office;
(b) if, immediately before the occurrence of the vacancy, the AEMC
consisted of more than 3 Commissioners and—
(i) the vacancy occurs in the office of the Commissioner appointed to be
the Chairperson, a person must be appointed in accordance with this Act to the
vacant office; or
(ii) the vacancy occurs in the office of any other Commissioner, the
office ceases to exist on the occurrence of the vacancy.
7—Amendment
of section 14—Acting Chairperson or Commissioner
(1) Section 14(1)—delete "the MCE (States and Territories)" and
substitute:
at least two-thirds of the eligible MCE Ministers
(2) Section 14(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) The Minister may appoint a person nominated by at least two-thirds of
the eligible MCE Ministers as an Acting Commissioner to act in the office of a
Commissioner appointed, or to be appointed, under section 12(b) during any
period for which—
(a) the Commissioner is unable to perform official functions; or
(b) the office is vacant and the vacancy is required to be filled in
accordance with section 13(4)(a).
(3) Section 14(5)—delete "the MCE (States and Territories)" and
substitute:
at least two-thirds of the eligible MCE Ministers
(4) Section 14(6)—delete ", (4)"
8—Amendment
of section 21—Meetings of AEMC
(1) Section 21(4)—delete "the Chairperson and another Commissioner"
and substitute:
one half of the total number of Commissioners (ignoring any fraction
resulting from the division) plus 1
(2) Section 21(5)—delete "2 Commissioners" and substitute:
a majority of the votes cast by the Commissioners present
(3) Section 21(6)—after "decision" insert:
and, if the votes are equal, the Chairperson may exercise a second (or
casting) vote
(1) A Commissioner
holding office immediately before the commencement of this section will continue
in office after the commencement of this section (but only for the balance of
the term for which the Commissioner was appointed).
(2) Nothing in
subsection (1)
is to be taken to affect the power of the Governor to remove a
Commissioner from office under section 13(2) of the
Australian
Energy Market Commission Establishment Act 2004
.