Document ID: chunk:federal_register_of_legislation:F2020C00877:reg:81:p3
Version: federal_register_of_legislation:F2020C00877
Segment Type: reg
Provision Reference: reg 81 (pt 3/3)
Character Range: 121252–123556

the end of the transition period.
 (13) If paragraph (12)(c) applies, the ACCC must decide whether such an exemption should be granted by applying rule 23C as modified by subrule (15) of this rule.
Note: The ACCC will be required to notify the infrastructure operator of its decision under subrule 23C(12).
 (14) If paragraph 12(c) does not apply but, later in the transition period, rule 23B applies so that the ACCC is to consider an exemption for the operator under rule 23C:
 (a) any exemption may apply only after the transition period; and
 (b) the ACCC must apply rule 23C as modified by subrule (15).
 (15) For subrules (13) and (14), rule 23C is applied as if subrules 23C(9), (10), (11) and (12) were replaced by the following provisions:
 (a) if the ACCC fails to make a decision under this rule (rule 23C as modified by subrule 81(15)) within 3 months after receiving the application, or giving the notice under rule 23B or paragraph 81(12)(b), the ACCC is taken to have decided to grant the operator an exemption from the operation of Divisions 2, 3 and 4 of Part 6 for the period of 3 years that begins immediately after the end of the transition period for the operator;
 (b) if the ACCC decides not to grant the operator an exemption, the ACCC must set the next regulatory period as a period that begins immediately after the end of the transition period for the operator;
 (c) the regulatory start date for the operator is taken to be:
 (i) for the purposes of the definition of regulatory period in subrule 3(1)—the date on which the operator's first regulatory period began; and
 (ii) for other purposes—1 July 2020;
 (d) the ACCC must notify the infrastructure operator as soon as practicable:
 (i) of a decision under this rule (including a decision taken to have been made under paragraph 81(15)(a)); and
 (ii) if the ACCC does not grant the exemption—that the next regulatory period for the operator will begin immediately after the end of the transition period for the operator.
Note: The effect of this provision is that there is no discontinuity in the status of the operator as a Part 6 operator. In particular, rule 24A will not apply to applications for determination or approval of charges for the regulatory period following the transition period (only rule 25 will apply).