Document ID: chunk:federal_register_of_legislation:C2004A00353:clause:5_54b
Version: federal_register_of_legislation:C2004A00353
Segment Type: clause
Provision Reference: sch 5 cl 54B
Character Range: 27052–28075

54B  Pre-existing capacity

 (1) In this section:

pre-existing capacity means capacity that came into existence before the commencement of this section, other than pre‑existing capacity to which section 54 or 54A applies.

 (2) The Minister may, by instrument in writing, declare that this Act applies to the pre-existing capacity specified in the instrument as if, immediately after the commencement of this section, the Commission had made a determination in the terms set out in the instrument.

 (3) This Act (other than section 7 and Division 1 of Part 3) has effect in relation to that capacity as if the Commission had made a determination accordingly.

 (4) The terms set out in the instrument as the terms and conditions of the determination must state that the determination is to be in force for the period of 5 years starting on the date of commencement of this section.

 (5) Instruments under subsection (2) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.