Document ID: chunk:federal_register_of_legislation:F2018L00410:clause:1_10:p1
Version: federal_register_of_legislation:F2018L00410
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 1/2)
Character Range: 9048–11886

10  Explanatory outline of this Part

      This Part sets out how the Commission is to assess the benefit to the public of allocations of capacity in particular circumstances.
      There are broadly 3 types of decision that the Commission can make under the Act:
         • Making a determination allocating available capacity (see section 7 and Division 1 of Part 3 of the Act);
         • Renewing a determination by making a fresh determination (see section 8 and Division 2 of Part 3 of the Act);
         • Varying a determination (see section 10 and Division 3 of Part 3 of the Act).
      Depending on which type of decision is being made, and the circumstances of the decision, the Commission is to apply the criteria set out in Part 2, and certain criteria specified in this Part, differently.
      Division 2 sets out the criteria applicable where the Commission is proposing to make a determination that allocates available capacity under section 7 of the Act:
         • Where there is unlimited available capacity, the Commission is to have regard to the reasonable capability criterion and need not have regard to any other matter (section 11);
         • Where there is sufficient available capacity for all applications and the Commission does not receive any adverse submissions, the Commission is to have regard to the reasonable capability criterion and need not have regard to any other matter (subsection 12(2));
         • However, where the Commission receives one or more adverse submissions, the Commission is to have regard to the reasonable capability criterion and may have regard to relevant additional criteria (subsection 12(3));
         • In all other cases, the Commission is to have regard to the reasonable capability criterion and to relevant additional criteria (section 13).
      Division 3 sets out the criteria applicable where the Commission is considering renewing a determination that allocates capacity under section 8 of the Act:
         • Paragraph 8(2)(a) of the Act provides a presumption in favour of renewing a determination. However, the Commission may decline to do so if it is satisfied that the determination is no longer of benefit to the public. In deciding this, the Commission is to have regard to the matters set out in section 14 of this instrument;
         • If the Commission declines to renew a determination, it may make a different determination. In doing so, it is to have regard to the reasonable capability criterion and to relevant additional criteria (section 15).
      Division 4 sets out the criteria applicable where the Commission is considering whether to vary a determination in a way that varies, or has the effect of varying, an allocation of capacity:
         • If the Commission has initiated the review, and the reason for variation relates to the