Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 15

Continuation of charges relating to distribution system

15. Continuation of charges relating to distribution system



(1) This section applies if-

   (a)  the Commission has made a determination under the
        Essential Services Commission Act 2001 regulating charges for
        connection to, and the use of, any distribution system; and

   (b)  proceedings are commenced in respect of the determination; and

   (c)  the determination is stayed or set aside.



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(3) If the decision to stay or set aside the determination is made on or after
1 January 2001, then despite the determination being stayed or set aside and
despite anything to the contrary in the Tariff Order, the provisions of the
determination regulating charges for connection to, and the use of, a
distribution system will apply to that distribution system on and after the
date of the decision to stay or set aside the determination until a
determination of the Commission is in effect regulating those charges.

(4) Subsection (3) is subject to any order of the Court or the appeal panel
under the Essential Services Commission Act 2001 to the contrary.







(5) The Governor in Council may, by Order published in the Government Gazette,
provide for transitional arrangements between the operation of subsection (3)
and the operation of any determination of the Commission that takes effect
following the determination of the proceedings.

(6) An Order under subsection (5) may direct the Commission to make a decision
in respect of such factors and matters or in accordance with such procedures,
matters or bases as are specified in the Order, or both.

(7) In this section proceedings, in relation to a determination, means-

   (a)  proceedings on an appeal under section 55 of the
        Essential Services Commission Act 2001 against the determination; or

   (b)  proceedings before a Court of a kind permitted by section 62 of the
        Essential Services Commission Act 2001 in respect of the
        determination.