The AER has been established as a separate legal entity, and a constituent part of the ACCC, under Part IIIAA of the Trade Practices Act 1974. The AER is comprised of three members who are statutory appointments, including a full-time chair. Mr Steve Edwell is the inaugural Chair of the AER. Part IIIAA of the Trade Practices Act provides that one of the members of the AER must be a commissioner of the ACCC, with Mr Edward Willett appointed in this capacity. The third member of the AER is selected by the States and Territories. Mr Andrew Reeves has been appointed as the State/Territory member.
The chair of the AER must preside at all meetings of the AER and a quorum must include both the chair and the member of the AER appointed by the Commonwealth. Questions arising at a meeting must be determined by unanimous vote of the members present and voting.
The AER may make decisions in relation to its functions under the National Electricity Law and National Electricity Rules, and may also seek an order from the Federal Court that a person is in breach of a relevant energy law.
Decisions of the AER are subject to judicial review by the Federal Court of Australia.