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Legislation in schedules is amended or repealed according to its terms.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