Northern Territory Consolidated Acts(1) If:
(a) the Utilities Commission takes any action to enable the Utilities Commission to perform functions under, or obligations imposed by, a provision of this Act or the electricity legislation before the provision comes into force in anticipation of the provision coming into force; and
(b) the action was taken so far as reasonably practicable in accordance with the provision (as though the provision was in force at the time the action was taken),
then, after the provision comes into force, the action is to be taken to have been taken validly in accordance with the provision.
(2) Any action taken by the Interim Utilities Commissioner that is subsequently ratified by the Utilities Commission is to be taken to have been taken by the Utilities Commission for the purposes of this section.
(3) For the avoidance of doubt:
(a) in making any determination or decision or taking any action under this Act or the electricity legislation – the Utilities Commission may rely on any action by the Utilities Commission or the Interim Utilities Commissioner contemplated by subsection (1) or (2); and
(b) the Utilities Commission may treat any submission, application, approval, statement or document ( the application ) made or given by a person to the Utilities Commission or the Interim Utilities Commissioner in anticipation of a provision of this Act or the electricity legislation coming into force as having been made to the Utilities Commission after the relevant provision comes into force and the Utilities Commission may take action under this Act or the electricity legislation on the basis of the application or taking into account the application.
(4) In this section:
"electricity legislation" means the Electricity Reform Act , the Electricity Networks (Third Party Access) Act , the Network Access Code and any instrument of a legislative or administrative character made, granted or issued under, or contemplated by, those Acts or the Code.
"Interim Utilities Commissioner" means the person appointed by the Minister to undertake the role of the independent industry regulator before the establishment of the Utilities Commission.