Document ID: chunk:federal_register_of_legislation:F2020C00877:reg:81:p2
Version: federal_register_of_legislation:F2020C00877
Segment Type: reg
Provision Reference: reg 81 (pt 2/3)
Character Range: 118992–121481

as amended by the amending rules on 1 July 2020.
 (6) If the infrastructure operator had made a transitional application, then:
 (a) the charges to which the application relates are to be determined or approved in accordance with Part 6 as it stood before 1 July 2020; and
 (b) the determination or approval is taken to have been made under Part 6 as amended by the amending rules on 1 July 2020.
 (7) In applying Divisions 2, 3 and 4 of Part 6, as amended by the amending rules, to the infrastructure operator:
 (a) a reference to the ACCC is taken to be a reference to the Regulator; and
 (b) Regulator has the same meaning as it did immediately before 1 July 2020.
 (8) Rules 23A, 23B and 23D do not apply to the infrastructure operator until the operator has received the notification from the ACCC under subrule (12) of this rule.
 (9) In applying rule 23D to the infrastructure operator, the reference in subrule 23D(2) to the remainder of the regulatory period is taken to be a reference to the remainder of the transition period.
 (10) Rule 25 does not apply to the operator unless it has been notified in accordance with subparagraph (15)(d)(ii) of this rule that the next regulatory period for the operator will begin immediately after the end of the transition period for the operator.

Assessment of transitioning Part 6 operator against amended criteria
  (11) As soon as practicable after 1 July 2020, the infrastructure operator must notify the ACCC of:
 (a) whether or not it is a Part 6 operator under rule 23 as amended by the amending rules; and
 (b) any matter that it is aware of that may result in the infrastructure operator ceasing to be a Part 6 operator, or becoming one, on a specified date.
 (12) The ACCC must:
 (a) form a view as to whether the infrastructure operator is a Part 6 operator under rule 23 as amended by the amending rules, or is likely to cease to be one or to become one before the end of the transition period; and
 (b) notify the operator of the ACCC's view; and
 (c) if the ACCC is of the view that the operator is, or is likely to be, a Part 6 operator—advise the operator that the ACCC will decide whether the operator should be granted an exemption from the operation of Divisions 2, 3 and 4 of Part 6 after 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