177   Termination of scheme on establishment of national scheme

(1)  The Governor may, by proclamation published on the NSW legislation website, terminate the operation of any or all of the provisions of this Part.

(2)  A proclamation may be made only if the Minister has certified to the Governor that the Minister is satisfied that New South Wales is, or will be, a participant in a scheme that:

(a)  has been or will be established either nationally or in this State and at least one or more other States or Territories, and

(b)  is designed to achieve outcomes that include a reduction in the consumption of electricity and the encouragement of participation in activities that result in energy savings.

(3)  The termination of the operation of the provisions concerned takes effect on the day (not being a day earlier than the day on which the proclamation is published on the NSW legislation website) specified in the proclamation.

(4)  The day specified in the proclamation must not be a day that is earlier than the day on which New South Wales becomes, or will become, a participant in the scheme concerned.

(5)  Regulations may be made for or with respect to the effect of the termination of any provisions on rights conferred or obligations imposed under this Part.

(6)  Without limiting the above, the regulations may:

(a)  prohibit scheme participants from carrying forward an energy savings shortfall, or part of an energy savings shortfall, for a year to the following year as a consequence of the termination of the operation of all or any of the provisions of this Part in respect of that following year, and

(b)  specify any other conditions that must be complied with respect to termination of all or any of the provisions of this Part.