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Introduced into the House of
Representatives on 29 October 2012
By: Mr Rob Oakeshott MP
Committee view
1.2
The committee notes that the re-enactment or readoption of a national
law or model law that has previously been adopted by the Parliament is not, by
virtue of that prior adoption, exempt from human rights scrutiny or the
requirement to provide a detailed statement of compatibility, especially if the
adoption has taken place before the entry into force of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Purpose of the bill
1.3
This bill makes the national electricity law a Commonwealth law by:
- incorporating the Australian Energy Market Act 2004, the Australian
Energy Market Commission Establishment Act 2004 (SA) and parts of the National
Electricity (South Australia) Act 1996 (SA) (the existing National
Electricity Law);
- making the national electricity rules a disallowable instrument;
- establishing the Australian Energy Market Commission as a Commonwealth
statutory authority;
- establishing a Consumer Advocacy Panel; and
- retaining the judicial review of decisions made by the Australian Energy
Market Operator.
Compatibility with human rights
1.4
The bill is accompanied by a brief statement of compatibility,
which states that the bill 'does not engage any of the applicable rights or freedoms
beyond those currently engaged by the existing
National Electricity Law, which has previously been adopted
by the Commonwealth through
the Australian Energy
Market Act 2004'.
Compatibility issues
1.5
The explanatory memorandum makes clear that one of the concerns to which
this bill responds is the significant increase in the price of electricity for
consumers in recent years. To the extent that the bill aims to bring about
different arrangements for the review of applications for price increases, with
a view to restraining them, it may be seen as promoting the right of persons to
an adequate standard of living (article 11 of the ICESCR), given the importance
of electricity supplies for peoples’ everyday lives. Increases in electricity
prices may also have a disproportionately severe impact on vulnerable groups,
including those on fixed incomes.
1.6
The National Electricity Law contains a number of provisions with
implications for the enjoyment of human rights (in particular criminal process
rights).
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