ELECTRICITY INDUSTRY ACT 2000 - SECT 40H When do published feed-in offers take effect?
ELECTRICITY INDUSTRY ACT 2000 - SECT 40H
When do published feed-in offers take effect?S. 40H(1) substituted by No. 41/2009 s. 7(2), amended by Nos 64/2011 s. 12(1), 35/2013 s. 10(1).
(1) Subject to this Division, general renewable energy feed-in terms and conditions, premium solar feed-in tariff terms and conditions and TFiT scheme terms and conditions take effect 2 months after they are published under section 40FF, 40FG or 40G.
S. 40H(1A) inserted by No. 35/2013 s. 10(2).
(1A) Subsection (1) does not apply to referred terms and conditions that have been referred to the Commission for assessment within 2 months after they are published under section 40FF, 40FG or 40G.
S. 40H(2) amended by Nos 41/2009 s. 7(3), 35/2013 s. 10(3).
(2) If referred terms and conditions referred to in subsection (1A) are, in a report under section 40J, assessed as fair and reasonable, those terms and conditions take effect—
S. 40H(2)(a) amended by No. 41/2009 s. 7(3).
(a) if notice of that report is published in accordance with section 40K on or before the day those terms and conditions would have taken effect but for their referral under section 40I(1)(a)—on that day;
(b) in any other case—on the day notice of the making of that report is published in accordance with section 40K.
S. 40H(3) substituted by No. 41/2009 s. 7(4), amended by No. 35/2013 s. 10(3).
(3) To avoid doubt, referred terms and conditions referred to in subsection (1A)—
(a) that are superseded by declared general feed-in terms and conditions are not to be taken to have taken effect;
S. 40H(3)(b) amended by No. 64/2011 s. 12(2)(a).
(b) that are superseded by declared premium solar feed-in terms and conditions are not to be taken to have taken effect;
S. 40H(3)(c) inserted by No. 64/2011 s. 12(2)(b).
(c) that are superseded by declared TFiT scheme terms and conditions are not to be deemed to have taken effect.
S. 40H(4) inserted by No. 41/2009 s. 7(4).
(4) In subsection (3)—
"declared general feed-in terms and conditions "means the terms and conditions declared under section 40M(2)(a) to apply to the purchases of small renewable energy generation electricity by the relevant licensee named in the declaration under that section;
S. 40H(4) def. of declared premium solar feed-in terms and conditions amended by No. 64/2011 s. 12(3)(a).
"declared premium solar feed-in terms and conditions" means the terms and conditions declared under section 40MA(2)(a) to apply to the purchases of qualifying solar energy generation electricity by the relevant licensee or small retail licensee named in the declaration under that section;
S. 40H(4) def. of declared TFiT scheme terms and conditions inserted by No. 64/2011 s. 12(3)(b).
"declared TFiT scheme terms and conditions" means the terms and conditions declared under section 40MAB(2)(a) to apply to the purchases of TFiT scheme electricity by the relevant licensee or small retail licensee named in the declaration under that section.
S. 40I (Heading) amended by No. 41/2009 s. 8(1).
S. 40I inserted by No. 35/2007 s. 3.