Document ID: chunk:federal_register_of_legislation:F2020C00877:reg:81:p1
Version: federal_register_of_legislation:F2020C00877
Segment Type: reg
Provision Reference: reg 81 (pt 1/3)
Character Range: 116530–119228

81  Transition for existing Part 6 operators
 (1) This rule applies to an infrastructure operator that, immediately before 1 July 2020, was a Part 6 operator in a regulatory period in respect of which its infrastructure charges had been determined or approved by the Regulator.
Note: Rule 81 deals with an infrastructure operator that was a Part 6 operator immediately before 1 July 2020 (when substantial amendments to the Rules came into effect). Because the amendments have changed the definition of Part 6 operator, it is possible the operator will no longer satisfy the definition. The operator will, however, continue to be treated as a Part 6 operator until the end of the transition period, which is at least the remainder of its current regulatory period. In particular, the operator will be subject to rule 8 and Part 6.
 During the transition period, the operator's status will be reassessed. If the operator will continue to be a Part 6 operator after the end of the transition period, the operator is required to make an application in relation to the next regulatory period under rule 25. Otherwise, the operator will cease to be treated as a Part 6 operator.

Transitional application and transition period
 (2) If:
 (a) the infrastructure operator had made an application for a determination or approval of charges under Part 6 before 1 July 2020; but
 (b) the charges to which the application related had not been determined or approved before 1 July 2020;
then the application is a transitional application for the infrastructure operator.
 (3) The transition period for the infrastructure operator begins on 1 July 2020 and ends at the end of:
 (a) if the operator had made a transitional application—the regulatory period in relation to which the application was made; and
 (b) otherwise—the latest regulatory period in relation to which charges had been determined or approved before 1 July 2020.

Application of these Rules during the transition period
 (4) These Rules apply to the infrastructure operator during the transition period as if it continued to be a Part 6 operator under rule 23 as amended by the amending rules, except as provided in this rule.
 (5) Where infrastructure charges of the operator were determined or approved before 1 July 2020 in relation to a period after 1 July 2020 (i.e. they were determined or approved under Part 6 as it then stood), the determination or approval is taken to have been made under Part 6 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