ELECTRICITY INDUSTRY ACT 2000 - SECT 15 Continuation of charges relating to distribution system
ELECTRICITY INDUSTRY ACT 2000 - SECT 15
Continuation of charges relating to distribution system(1) This section applies if—
S. 15(1)(a) amended by No. 62/2001 s. 70(c)(d).
(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.
S. 15(2) amended by No. 62/2001 s. 70(d), repealed by No. 25/2004 s. 4(3).
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S. 15(3) amended by No. 62/2001 s. 70(d).
(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.
S. 15(4) amended by Nos 62/2001 s. 70(c), 25/2004 s. 4(4), 21/2019 s. 23(1).
(4) Subsection (3) is subject to any order of the Court or VCAT under the Essential Services Commission Act 2001 to the contrary.
S. 15(5) amended by Nos 62/2001 s. 70(d), 25/2004 s. 4(5).
(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.
S. 15(6) amended by Nos 62/2001 s. 70(c)(d), 75/2004 s. 7.
(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—
S. 15(7)(a) amended by Nos 62/2001 s. 70(f), 21/2019 s. 23(2).
(a) proceedings on an application for review under section 55 of the Essential Services Commission Act 2001 against the determination; or
S. 15(7)(b) amended by No. 62/2001 s. 70(g).
(b) proceedings before a Court of a kind permitted by section 62 of the Essential Services Commission Act 2001 in respect of the determination.
S. 15A inserted by No. 25/2004 s. 5 (as amended by Nos 75/2004 s. 32, 86/2004 s. 6 (as amended by No. 39/2005 s. 59)).