Document ID: chunk:federal_register_of_legislation:C2004A01343:clause:1_90b
Version: federal_register_of_legislation:C2004A01343
Segment Type: clause
Provision Reference: sch 1 cl 90B
Character Range: 33522–35021

90B  Commission may rely on consultations undertaken by the AEMC

 (1) This section applies if:
 (a) an application under section 88, 91A, 91B or 91C is made in relation to the National Electricity Code or a provision of the Code; and
 (b) the AEMC has done the following:
 (i) published the Code or the provision and invited people to make submissions to it on the Code or the provision;
 (ii) specified the effect of subsection (2) when it published the Code or the provision;
 (iii) considered any submissions that were received within the time limit specified by it when it published the Code or the provision.

 (2) In making a determination under section 90, 91A, 91B or 91C:
 (a) the Commission may rely on the process mentioned in paragraph (1)(b), instead of undertaking the process mentioned in section 90A, subsection 91A(2), 91B(2) or 91C(2) or (5); and
 (b) the Commission may take into account:
 (i) any submissions mentioned in subparagraph (1)(b)(iii); and
 (ii) any submissions, in respect of the application, made by the AEMC; and
 (c) despite subsection 90(2), the Commission may disregard any submissions, in relation to the application, made by the Commonwealth, by a State, or by any other person (other than the AEMC).

 (3) In this section:

National Electricity Code means the National Electricity Code, as in force from time to time, made under the National Electricity Law set out in Schedule 1 to the National Electricity (South Australia) Act 1996 of South Australia.