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COMPETITION AND CONSUMER ACT 2010 - SECT 90B

Commission may rely on consultations undertaken by the AEMC

             (1)  This section applies if:

                     (a)  an application under section 88, 91A, 91B or 91C is made in relation to the National Electricity Rules or a provision of the Rules; and

                     (b)  the AEMC has done the following:

                              (i)  published the Rules or the provision and invited people to make submissions to it on the Rules or the provision;

                             (ii)  specified the effect of subsection (2) when it published the Rules or the provision;

                            (iii)  considered any submissions that were received within the time limit specified by it when it published the Rules or the provision.

             (2)  In making a determination under section 90, 91A, 91B or 91C:

                     (a)  the Commission may rely on the process mentioned in paragraph (1)(b), instead of undertaking the process mentioned in section 90A, subsection 91A(2), 91B(2) or 91C(2) or (5); and

                     (b)  the Commission may take into account:

                              (i)  any submissions mentioned in subparagraph (1)(b)(iii); and

                             (ii)  any submissions, in respect of the application, made by the AEMC; and

                     (c)  despite subsection 90(2), the Commission may disregard any submissions, in relation to the application, made by the Commonwealth, by a State, or by any other person (other than the AEMC).

             (3)  In this section:

"National Electricity Rules " means:

                     (a)  the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia; or

                     (b)  those Rules as they apply as a law of another State; or

                     (c)  those Rules as they apply as a law of a Territory; or

                     (d)  those Rules as they apply as a law of the Commonwealth.



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