competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.7
Commission is a listed entity, Chairperson is accountable authority, and officials are defined.
1 After subsection 6A(1)
Chairperson's term may be related to Commission's functions
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.9
Substitute 'an AER State/Territory energy law' for 'a State/Territory energy law'
10 Section 44AK
11 Subsection 44AM(1) (note)
12 Subsection 44AP(1) (note)
13 Subsection 44AY(3) (note)
14 Subdivision B of Division 4 of Part IIIAA
Staff of AER must be persons engaged under the Public Service Act 1999. The AER may engage persons to give advice and perform services. Services of officers and employees may be made available to the AER.
14(1) Subdivision B of Division 4 of Part IIIAA
Staff must be persons engaged under the Public Service Act 1999.
Government or authority makes officers or employees available to AER for services. Establishes a Statutory Agency with the AER Chair as its Head. Terms and conditions of engagement are determined by the AER.
14(2) Subdivision B of Division 4 of Part IIIAA
the AER Chair and the APS employees assisting the AER Chair constitute a Statutory Agency during the period specified in this section.
Establishes the duration of the Statutory Agency
(2) For the purposes of the Public Service Act 1999:
Permission granted by government or authority.
(2) The AER may, on behalf of the Commonwealth...
the AER Chair and the APS employees assisting the AER Chair together constitute a Statutory Agency.
the AER Chair is the Head of that Statutory Agency.
Designates the AER Chair as the Head of the Statutory Agency
the AER Chair and the APS employees assisting the AER Chair constitute a Statutory Agency.
Establishes the Statutory Agency as a whole
Determines terms and conditions of engagement
Commonwealth to reimburse a State or Territory for services of a person under an arrangement.
14(3) Subdivision B of Division 4 of Part IIIAA
Imposes an obligation on the Commonwealth to reimburse a State or Territory.
Subject to AER directions when performing services.
14(4) Subdivision B of Division 4 of Part IIIAA
A person is subject to the directions of the AER.
(4) When performing services for the AER...
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.10
Omit 'a State/Territory energy law' and substitute 'an AER State/Territory energy law'.
15 Paragraph 44AAEA(1)(c)
Substitute with AER State/Territory energy law.
Prohibition of using outdated State/Territory energy laws.
16 Section 44AAEC (heading)
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.11
17 Paragraph 44AAEC(1)(a)
18 Subsection 44AAEC(10)
Substitute AER State/Territory energy law for State/Territory energy law.
19 Subsections 44AAEC(10) and (11)
2 Section 8AB
20 Subparagraph 44AAF(6)(a)(i)
21 After subparagraph 44AAF(6)(a)(i)
22 Subparagraph 44AAF(6)(a)(ii)
Provide evidence and documents upon request
23 Paragraph 44AAFA(2)(c)
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.12
24 Section 44AAG
25 Paragraph 44AAH(b)
Omit specific language from section 44AAC
26 Section 44AAH
27 Subsection 44AAI(1)
28 Part IIIAB
Commission must provide resources to AER.
28A Function of Commission in relation to providing resources to
29 Paragraph 155(1)(c)
3 After section 28
30 After paragraph 155AAA(12)(lb)
31 Paragraph 157A(1)(c)
List of individuals who are not allowed to be a member of the staff of the AER.
32 After paragraph 157A(1)(c)
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.13
Substitute paragraph (1)(d) for paragraph (1)(c)
33 Subsection 157A(2)
34 Paragraph 158B(1)(a)
35 Paragraph 158B(1)(f)
36 Subsection 158B(5)
4 Section 44AB
a uniform energy law that applies as a law of a State or Territory;
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.8
5 After subsection 44AE(1)
AER functions overlap with Division 3 functions
Defines temporal relationship between AER functions and Division 3 functions
Purposes of the AER include the functions of the AER under Division 3 of this Part
Other persons are not officials of the AER
Prohibits listing other entities as officials of the AER
The following persons are officials of the AER: ...
Other entities may be listed as officials of the AER
Permits listing other entities as officials of the AER under certain conditions
Insert 'to be a non-corporate Commonwealth entity' before 'not to be'
6 Paragraph 44AE(3)(a)
7 Paragraph 44AE(3)(b)
8 Sections 44AI to 44AJ
9 Section 44AK (heading)
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.14
1 Definitions
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.15
Delegation continues in force after commencement day.
2 Delegations
Transfer of documents to the AER is obligatory for documents in certain conditions.
3 Transfer of documents to the AER
Regulations prescribing State/Territory energy laws
4 Regulations prescribing State/Territory energy laws
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.16
Continues to cover and apply to APS employees
5 Enterprise Agreement
Variation of employment terms not prevented
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.17
6 References in Enterprise Agreement
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.18
Rules may be made for carrying out or giving effect to the Schedule.
7 Transitional rules
competition-and-consumer-amendment-australian-energy-regulator-separation-act-2025.pdf, p.6
1 Short title
1 Section 1
1 July 2026.
Note on table limitations and amendments
1 July 2026
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to separate the Australian Energy Regulator from the Australian Competition and Consumer Commission, and for related purposes
Competition and Consumer Amendment (Australian Energy Regulator Separation) Act 2025