The Council is composed of the Energy Ministers of the Australian Government and all states and territories. The Australian Minister for Industry, Tourism and Resources chairs the Council and the Department assists the Secretariat. Note 2: The functions and powers conferred on the National Competition Council by a state/territory energy law are dealt with in section 29BA of the Competition and Consumer Act 2010. 1. This Section shall apply where an energy law of a State/Territory imposes an obligation on the Commonwealth Minister. It may be that, if there were a challenge before the High Court, the court would consider both the political objective of establishing a single national energy regulatory system and specific controls in australia`s (ongoing) energy market agreement on the ability of the South Australian parliament to unilaterally amend national electricity legislation. But Professor William`s comments suggest that such factors can also be ignored by the High Court. the prescribed uniform energy legislation is a single energy legislation, which falls under point (b) of the definition of the single energy legislation. 2. Where a provision of a single compulsory energy right of a State or territory, explicitly or implicitly applied as a Commonwealth law, permits the commencement of civil or criminal proceedings before a court of the State or Territory concerning a case, it is provided that the Northern Territory and Western Australia shall adhere to the electricity regulations and that Western Australia shall regulate access to the gas pipeline, under the AER, through the agreement and establishment of rules for wholesale trade and transmission and electricity in the participating National Electricity Market Organisations (NEMs), i.e.

all States and Territories, with the exception of Western Australia and the Northern Territory, which are not connected to a national grid from the second half of 2004 13C due to their distance from the national electricity market… When an energy law of a state/territory imposes an obligation………… 25 3. Second Reading Speech, Australian Energy Market Bill 2004 Australian Energy Market Commission is the body established by Section 5 of south Australia`s Australian Energy Market Commission Establishment Act 2004. The effect of the Act on his face is to allow the Parliament of South Australia to amend the laws, regulations and rules of the Commonwealth. While this may be useful in practice, and notwithstanding the agreement of the governments of all relevant jurisdictions, there may be a problem if a person or body wishes to challenge the scheme of national energy regulation, if the Australian Constitution allows the people of Southern Australia, through them elected, to make laws applicable to the Commonwealth. . . .