(1) During the relevant solar feed-in tariff period for a regulated distribution system operator that is a distribution company— (a) Division 5A of Part 2 of the Electricity Industry Act 2000 is deemed to be an Act of this jurisdiction that relates to the protection of the environment referred to in section 2D(1)(b)(iv) of the National Electricity (Victoria) Law; and (b) the solar feed-in credit obligation is deemed to be an obligation under the Electricity Industry Act 2000. (2) In this section— distribution company has the same meaning as the Electricity Industry Act 2000; S. 16A(2) def. of distribution obligation period amended as distributor obligation period by No. 64/2011 s. 23(a). distributor obligation period has the same meaning as in section 40F(1) of the Electricity Industry Act 2000; S. 16A(2) def. of distributor TFiT obligation period inserted by No. 64/2011 s. 23(d). distributor TFiT obligation period has the same meaning as in section 40F(1) of the Electricity Industry Act 2000; S. 16A(2) def. of relevant solar feed-in tariff period amended by No. 64/2011 s. 23(b). relevant solar feed-in tariff period, for a regulated distribution system operator that is a distribution company, means the period— (a) commencing on the day after the Victorian distribution pricing determination end date; and
(b) differ according to differences in time, place and circumstances. (6) An Order under subsection (1) has effect as from the day specified in the Order and until the day specified in the Order. (7) An f-factor scheme determination or f-factor amount determination made under an Order under subsection (1) cannot come into effect before the Victorian distribution pricing determination end date. S. 16D inserted by No. 55/2010 s. 42. 16D Functions and powers conferred and duties imposed on AER s. 16D A function or power conferred or a duty imposed on the AER by an Order under section 16C is taken to be conferred or imposed by this Act. Note to s. 16D amended by No. 21/2012 s. 239(Sch. 6 item 29.1). Note See sections 44AH and 44AI of the Competition and Consumer Act 2010 of the Commonwealth. S. 16E inserted by No. 55/2010 s. 42. 16E Application of NEL provisions after the Victorian distribution pricing determination end date s. 16E (1) Despite section 6, after the Victorian distribution pricing determination end date— (a) unless the context otherwise requires, a reference in the NEL to "the Law" or "this Law" is to be read as including a reference to an Order under section 16C; (b) a reference in the NEL to a function or power of the AER (including, but not limited to, an AER economic regulatory function or power) is to be read as including a reference
"6.13A Variations to distribution determinations for purpose of ffactor scheme determinations s. 16E (a) Despite anything to the contrary in these Rules and subject to this rule, the AER may, as a consequence of the making of an f-factor scheme determination (within the meaning of section 13 of the National Electricity (Victoria) Act 2005), vary a distribution determination during the course of the regulatory control period. (b) The AER must not vary a distribution determination under this rule unless the AER has complied with any consultation procedures specified in an Order under section 16C of the National Electricity () Act 2005. (c) Once the AER has made a decision under this rule varying a distribution determination, the AER cannot make another decision under this rule to vary that distribution determination. (d) Despite anything to the contrary in these Rules, the AER, in varying a distribution determination under this rule, is not required to follow any process specified in the Rules in relation to the making of a distribution determination. (e) To avoid doubt— s. 16E
(a) a distribution company within the meaning of the Electricity Industry Act 2000; or (b) a person who— (i) engages in the distribution or supply of electricity; and (ii) is exempted under an Order under section 17 of the Electricity Industry Act 2000 from the requirement to obtain a licence under that Act in respect of that activity; relevant regulatory duty has the meaning given by section 19; relevant regulatory function or power has the meaning given by section 20; relevant regulatory law or instrument means— s. 17 (a) the Essential Services Commission Act 2001; or (b) the Electricity Industry Act 2000; or (c) any regulation made under the Essential Services Commission Act 2001 or the Electricity Industry Act 2000; or (d) the Tariff Order; or (e) an AMI Order; or (f) an Order made by the Governor in Council (other than the Tariff Order or an AMI Order) under the Electricity Industry Act 2000; or (g) the 2006–2010 distribution pricing determination; or (h) a distribution licence; or
(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. S. 29 inserted by No. 66/2007 s. 5 (as amended by No. 59/2008 s. 44). 29 Appeals against certain decisions or actions of the AER s. 29 (1) This section applies if the AER, in exercise or performance, or purported exercise or performance, of a relevant regulatory function or power conferred on it under section 23, makes— (a) a requirement under section 37 of the Essential Services Commission Act 2001; or (b) a decision to disclose information or the contents of a document given to the AER by a person under a notice given by the AER under section 38(2)(c) or 38(2)(d) of the Essential Services Commission Act 2001; or (c) a determination that— (i) revokes and substitutes the 2006–2010 distribution pricing determination or a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or (ii) amends— (A) the 2006–2010 distribution pricing determination; or (B) a subsequent determination applying to charges for connection to, and the use of, distribution systems in ; or
Assent Date: 19.10.10 Commencement Date: S. 29 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 : This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011, No. 64/2011 Assent Date: 22.11.11 Commencement Date: Ss 23, 24 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 : This information relates only to the provision/s amending the National Electricity () Act 2005 Endnotes Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 29) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the National Electricity () Act 2005 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.