{"id":"qld:sl-2024-0065","name":"Energy (Infrastructure Facilitation) Regulation 2024","slug":"energy-infrastructure-facilitation-regulation-2024","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"65 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173736,"registerId":"qld-sl-2024-0065-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Energy (Infrastructure Facilitation) Regulation 2024 .\ns 1 sub 2025 Act No. 30 s 71","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.\ns 2 sub 2024 SL No. 105 s 5","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Job Security Guarantee Fund","content":"# Job Security Guarantee Fund","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Amount of work performed— Act , s 86","content":"### sec.3 Amount of work performed— Act , s 86\n\nFor section 86 (4) (c) of the Act , the total amount of work performed by an individual at 1 or more publicly owned coal-fired power stations prescribed is the amount equivalent to—\n80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or\n100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual.\ns 3 ins 2024 SL No. 105 s 6\n- (a) 80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or\n- (b) 100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed facilities— Act , s 86","content":"### sec.4 Prescribed facilities— Act , s 86\n\nFor section 86 (5) of the Act , definition prescribed facility , paragraph (b) , the following facilities are prescribed—\nKogan Creek Mine;\nMeandu Mine.\ns 4 ins 2024 SL No. 105 s 6\n- (a) Kogan Creek Mine;\n- (b) Meandu Mine.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Categories of costs for payments from fund— Act , s 90","content":"### sec.5 Categories of costs for payments from fund— Act , s 90\n\nFor section 90 (4) of the Act , the following categories of costs are prescribed—\nfor affected energy GOC workers—\npersonalised support service costs; and\nskills support costs; and\nrelocation support costs; and\nworker mobility support costs; and\nsector transition support costs;\nfor relevant prescribed energy workers and affected energy contractors—\npersonalised support service costs; and\nskills support costs (co-funded); and\nrelocation support costs (co-funded);\nretention payments and incentives mentioned in section 89 (b) of the Act ;\nthe costs of administering the fund.\nHowever, a category of costs mentioned in subsection (1) does not include costs to the extent an amount is payable to a worker under an employment agreement, policy or other entitlement.\nFor section 90 (5) (b) of the Act , a payment from the fund may be paid—\nfor a category of costs mentioned in subsection (1) (a) or (b) —\nto a public sector entity under the Public Sector Act 2022 , section 8 ; or\nto a publicly owned energy business; or\nto an affected energy worker mentioned in the subsection; or\nfor a category of costs mentioned in subsection (1) (c) —to the entity that operates the publicly owned coal-fired power station.\nIn this section—\naffected energy contractor see section 86 (4) of the Act .\naffected energy GOC worker see section 86 (2) of the Act .\npersonalised support service costs means the reasonable costs of providing support in relation to an affected energy worker having regard to the worker’s individual circumstances, including, for example, mental health support, financial and career planning, mentoring or job-seeking support.\nprescribed energy worker see section 86 (3) of the Act .\nprescribed facility see section 86 (5) of the Act .\npublicly owned energy business means a GOC or government company carrying out activities relating to—\nthe electricity industry under the Electricity Act 1994 , section 21 ; or\nthe national electricity market under the National Electricity (Queensland) Law , section 2 (1) .\nrelevant prescribed energy worker means an individual who is a prescribed energy worker, if—\nthe total amount of work performed by the individual at 1 or more prescribed facilities meets or exceeds—\n80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or\n100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual; and\nthe individual performs work under a contract entered into directly with the operator of the prescribed facility.\nrelocation support costs means the reasonable costs of relocating an affected energy worker and the worker’s spouse and dependants.\nrelocation support costs (co-funded) means relocation support costs of up to $8,000 in total for each affected energy worker, if the relocation is reasonably necessary for the worker to obtain employment.\nsector transition support costs means the reasonable costs for providing financial support or incentives to enable or incentivise an affected energy worker to transition to employment in a sector other than the sector in which the worker is or was performing work as an affected energy worker.\nskills support costs means the reasonable costs for providing the following support to assist an affected energy worker in obtaining employment in the energy industry or another industry—\ntraining, including training provided by a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) ;\nfinancial support for obtaining licences or other qualifications.\nskills support costs (co-funded) means skills support costs of up to $15,000 in total for each affected energy worker.\nworker mobility support costs means the reasonable costs for providing financial support to assist an affected energy worker in undertaking temporary work placements or other short-term employment opportunities for the purpose of gaining skills or experience.\ns 5 ins 2024 SL No. 105 s 6\namd 2024 SL No. 217 s 3 ; 2026 SL No. 20 s 4\n(sec.5-ssec.1) For section 90 (4) of the Act , the following categories of costs are prescribed— for affected energy GOC workers— personalised support service costs; and skills support costs; and relocation support costs; and worker mobility support costs; and sector transition support costs; for relevant prescribed energy workers and affected energy contractors— personalised support service costs; and skills support costs (co-funded); and relocation support costs (co-funded); retention payments and incentives mentioned in section 89 (b) of the Act ; the costs of administering the fund.\n(sec.5-ssec.2) However, a category of costs mentioned in subsection (1) does not include costs to the extent an amount is payable to a worker under an employment agreement, policy or other entitlement.\n(sec.5-ssec.3) For section 90 (5) (b) of the Act , a payment from the fund may be paid— for a category of costs mentioned in subsection (1) (a) or (b) — to a public sector entity under the Public Sector Act 2022 , section 8 ; or to a publicly owned energy business; or to an affected energy worker mentioned in the subsection; or for a category of costs mentioned in subsection (1) (c) —to the entity that operates the publicly owned coal-fired power station.\n(sec.5-ssec.4) In this section— affected energy contractor see section 86 (4) of the Act . affected energy GOC worker see section 86 (2) of the Act . personalised support service costs means the reasonable costs of providing support in relation to an affected energy worker having regard to the worker’s individual circumstances, including, for example, mental health support, financial and career planning, mentoring or job-seeking support. prescribed energy worker see section 86 (3) of the Act . prescribed facility see section 86 (5) of the Act . publicly owned energy business means a GOC or government company carrying out activities relating to— the electricity industry under the Electricity Act 1994 , section 21 ; or the national electricity market under the National Electricity (Queensland) Law , section 2 (1) . relevant prescribed energy worker means an individual who is a prescribed energy worker, if— the total amount of work performed by the individual at 1 or more prescribed facilities meets or exceeds— 80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or 100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual; and the individual performs work under a contract entered into directly with the operator of the prescribed facility. relocation support costs means the reasonable costs of relocating an affected energy worker and the worker’s spouse and dependants. relocation support costs (co-funded) means relocation support costs of up to $8,000 in total for each affected energy worker, if the relocation is reasonably necessary for the worker to obtain employment. sector transition support costs means the reasonable costs for providing financial support or incentives to enable or incentivise an affected energy worker to transition to employment in a sector other than the sector in which the worker is or was performing work as an affected energy worker. skills support costs means the reasonable costs for providing the following support to assist an affected energy worker in obtaining employment in the energy industry or another industry— training, including training provided by a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; financial support for obtaining licences or other qualifications. skills support costs (co-funded) means skills support costs of up to $15,000 in total for each affected energy worker. worker mobility support costs means the reasonable costs for providing financial support to assist an affected energy worker in undertaking temporary work placements or other short-term employment opportunities for the purpose of gaining skills or experience.\n- (a) for affected energy GOC workers— (i) personalised support service costs; and (ii) skills support costs; and (iii) relocation support costs; and (iv) worker mobility support costs; and (v) sector transition support costs;\n- (i) personalised support service costs; and\n- (ii) skills support costs; and\n- (iii) relocation support costs; and\n- (iv) worker mobility support costs; and\n- (v) sector transition support costs;\n- (b) for relevant prescribed energy workers and affected energy contractors— (i) personalised support service costs; and (ii) skills support costs (co-funded); and (iii) relocation support costs (co-funded);\n- (i) personalised support service costs; and\n- (ii) skills support costs (co-funded); and\n- (iii) relocation support costs (co-funded);\n- (c) retention payments and incentives mentioned in section 89 (b) of the Act ;\n- (d) the costs of administering the fund.\n- (i) personalised support service costs; and\n- (ii) skills support costs; and\n- (iii) relocation support costs; and\n- (iv) worker mobility support costs; and\n- (v) sector transition support costs;\n- (i) personalised support service costs; and\n- (ii) skills support costs (co-funded); and\n- (iii) relocation support costs (co-funded);\n- (a) for a category of costs mentioned in subsection (1) (a) or (b) — (i) to a public sector entity under the Public Sector Act 2022 , section 8 ; or (ii) to a publicly owned energy business; or (iii) to an affected energy worker mentioned in the subsection; or\n- (i) to a public sector entity under the Public Sector Act 2022 , section 8 ; or\n- (ii) to a publicly owned energy business; or\n- (iii) to an affected energy worker mentioned in the subsection; or\n- (b) for a category of costs mentioned in subsection (1) (c) —to the entity that operates the publicly owned coal-fired power station.\n- (i) to a public sector entity under the Public Sector Act 2022 , section 8 ; or\n- (ii) to a publicly owned energy business; or\n- (iii) to an affected energy worker mentioned in the subsection; or\n- (a) the electricity industry under the Electricity Act 1994 , section 21 ; or\n- (b) the national electricity market under the National Electricity (Queensland) Law , section 2 (1) .\n- (a) the total amount of work performed by the individual at 1 or more prescribed facilities meets or exceeds— (i) 80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or (ii) 100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual; and\n- (i) 80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or\n- (ii) 100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual; and\n- (b) the individual performs work under a contract entered into directly with the operator of the prescribed facility.\n- (i) 80% of the total work performed by the individual during a continuous 36 month period ending on the application day for the individual; or\n- (ii) 100% of the total work performed by the individual during a continuous 24 month period ending on the application day for the individual; and\n- (a) training, including training provided by a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) ;\n- (b) financial support for obtaining licences or other qualifications.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Matter to be considered for making payments from fund— Act , s 90","content":"### sec.6 Matter to be considered for making payments from fund— Act , s 90\n\nFor section 90 (3) (d) of the Act , in making a payment from the fund in relation to relocation support costs (co-funded) or skills support costs (co-funded) under section 5 for an affected energy worker, the chief executive and under-Treasurer must have regard to the extent to which another entity proposes to contribute to the costs in relation to the worker.\ns 6 ins 2024 SL No. 105 s 6\namd 2026 SL No. 20 s 5","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Requirement to report on expenditure— Act , s 90","content":"### sec.7 Requirement to report on expenditure— Act , s 90\n\nThis section prescribes requirements, for section 90 (5) (a) of the Act , that must be complied with by an entity mentioned in section 5 (3) that receives, in a financial year, an amount paid directly from the fund.\nAn amount is paid from the fund to a GOC for personalised support service costs for the GOC’s affected energy GOC workers. The GOC is the entity receiving the amount directly from the fund, and not each individual affected energy GOC worker.\nThe recipient must, by 30 September after the end of the financial year, give the chief executive a report containing a summary of how the payment has been used during the financial year.\nMaximum penalty—10 penalty units.\nThe report must include the following for the financial year—\nthe total amount of funds received;\nthe purpose for which amounts were paid from the fund;\nthe amount of any unspent funds;\nany other details required under the guideline mentioned in section 91 of the Act .\ns 7 ins 2024 SL No. 105 s 6\n(sec.7-ssec.1) This section prescribes requirements, for section 90 (5) (a) of the Act , that must be complied with by an entity mentioned in section 5 (3) that receives, in a financial year, an amount paid directly from the fund. An amount is paid from the fund to a GOC for personalised support service costs for the GOC’s affected energy GOC workers. The GOC is the entity receiving the amount directly from the fund, and not each individual affected energy GOC worker.\n(sec.7-ssec.2) The recipient must, by 30 September after the end of the financial year, give the chief executive a report containing a summary of how the payment has been used during the financial year. Maximum penalty—10 penalty units.\n(sec.7-ssec.3) The report must include the following for the financial year— the total amount of funds received; the purpose for which amounts were paid from the fund; the amount of any unspent funds; any other details required under the guideline mentioned in section 91 of the Act .\n- (a) the total amount of funds received;\n- (b) the purpose for which amounts were paid from the fund;\n- (c) the amount of any unspent funds;\n- (d) any other details required under the guideline mentioned in section 91 of the Act .","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"General matters for priority transmission investments","content":"# General matters for priority transmission investments","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Declared documents— Act , s 18 , definition assessment documents","content":"### sec.8 Declared documents— Act , s 18 , definition assessment documents\n\nFor section 18 of the Act , definition assessment documents , each of the documents mentioned in subsection (2) is declared to be an assessment document, other than to the extent the document relates to a dispute about the application or reapplication of the regulatory investment test for transmission.\nThe documents are—\nthe document called ‘Regulatory investment test for transmission’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.15A.1(a); and\nthe document called ‘Cost benefit analysis guidelines’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.22.5(a); and\nthe document called ‘Regulatory investment test for transmission / Application guidelines’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.16.2(a).\nThe documents mentioned in subsection (2) are available on the AER’s website.\ns 8 ins 2024 SL No. 105 s 6\namd 2026 SL No. 20 s 6\n(sec.8-ssec.1) For section 18 of the Act , definition assessment documents , each of the documents mentioned in subsection (2) is declared to be an assessment document, other than to the extent the document relates to a dispute about the application or reapplication of the regulatory investment test for transmission.\n(sec.8-ssec.2) The documents are— the document called ‘Regulatory investment test for transmission’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.15A.1(a); and the document called ‘Cost benefit analysis guidelines’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.22.5(a); and the document called ‘Regulatory investment test for transmission / Application guidelines’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.16.2(a). The documents mentioned in subsection (2) are available on the AER’s website.\n- (a) the document called ‘Regulatory investment test for transmission’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.15A.1(a); and\n- (b) the document called ‘Cost benefit analysis guidelines’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.22.5(a); and\n- (c) the document called ‘Regulatory investment test for transmission / Application guidelines’, dated November 2024, developed and published by the AER under the National Electricity Rules, clause 5.16.2(a).","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Eligible priority transmission investments— Act , s 20","content":"### sec.9 Eligible priority transmission investments— Act , s 20\n\nThe project described in former section 9 (e) continues, from the commencement of this section, to be prescribed as an eligible priority transmission investment for section 20 (1) of the Act .\nIn this section—\nformer section 9(e) means section 9 (e) as in force immediately before the commencement of this section.\ns 9 ins 2024 SL No. 105 s 6\nsub 2026 SL No. 20 s 7\n(sec.9-ssec.1) The project described in former section 9 (e) continues, from the commencement of this section, to be prescribed as an eligible priority transmission investment for section 20 (1) of the Act .\n(sec.9-ssec.2) In this section— former section 9(e) means section 9 (e) as in force immediately before the commencement of this section.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application of National Electricity Rules— Act , s 33","content":"### sec.10 Application of National Electricity Rules— Act , s 33\n\nFor section 33 (4) of the Act , the provisions of the National Electricity Rules mentioned in schedule 1 apply in relation to a priority transmission investment with the modifications stated in schedule 1 .\ns 10 ins 2024 SL No. 105 s 6","sortOrder":12},{"sectionNumber":"pt.4","sectionType":"part","heading":"Financial matters for priority transmission investments","content":"# Financial matters for priority transmission investments","sortOrder":13},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Purpose of part","content":"### sec.11 Purpose of part\n\nThe purpose of this part is to prescribe financial matters associated with priority transmission investments under section 28 of the Act .\nDivision 2 , subdivision 2 makes provision for a primary PTI allowance direction if the anticipated start date for the priority transmission investment occurs during a regulatory control period that has already started, to ensure the following revenue determinations account for the investment—\nthe existing revenue determination for the regulatory control period;\nif required, the revenue determinations for the 2 regulatory control periods immediately following the period mentioned in paragraph (a) .\nDivision 2 , subdivision 3 makes provision for a primary PTI allowance direction if the anticipated start date for the priority transmission investment occurs during the regulatory control period starting immediately after the regulatory control period during which the direction is given, to ensure the following revenue determinations account for the investment—\nthe revenue determination for the regulatory control period during which the anticipated start date occurs;\nif required, the revenue determination for the regulatory control period immediately following the period mentioned in paragraph (a) .\nDivisions 3 and 4 provide for the giving of a regulatory asset base allocation direction or material change PTI direction for adjusting, or further adjusting, Powerlink’s regulatory asset base to account for a priority transmission investment when making or amending a revenue determination.\nAlso, this part provides, under section 28 (1) (d) of the Act , for the actions the AER must take in relation to Powerlink’s revenue determination or regulatory asset base if Powerlink acts under a requirement or direction mentioned in that provision.\ns 11 ins 2024 SL No. 105 s 6\n(sec.11-ssec.1) The purpose of this part is to prescribe financial matters associated with priority transmission investments under section 28 of the Act .\n(sec.11-ssec.2) Division 2 , subdivision 2 makes provision for a primary PTI allowance direction if the anticipated start date for the priority transmission investment occurs during a regulatory control period that has already started, to ensure the following revenue determinations account for the investment— the existing revenue determination for the regulatory control period; if required, the revenue determinations for the 2 regulatory control periods immediately following the period mentioned in paragraph (a) .\n(sec.11-ssec.3) Division 2 , subdivision 3 makes provision for a primary PTI allowance direction if the anticipated start date for the priority transmission investment occurs during the regulatory control period starting immediately after the regulatory control period during which the direction is given, to ensure the following revenue determinations account for the investment— the revenue determination for the regulatory control period during which the anticipated start date occurs; if required, the revenue determination for the regulatory control period immediately following the period mentioned in paragraph (a) .\n(sec.11-ssec.4) Divisions 3 and 4 provide for the giving of a regulatory asset base allocation direction or material change PTI direction for adjusting, or further adjusting, Powerlink’s regulatory asset base to account for a priority transmission investment when making or amending a revenue determination.\n(sec.11-ssec.5) Also, this part provides, under section 28 (1) (d) of the Act , for the actions the AER must take in relation to Powerlink’s revenue determination or regulatory asset base if Powerlink acts under a requirement or direction mentioned in that provision.\n- (a) the existing revenue determination for the regulatory control period;\n- (b) if required, the revenue determinations for the 2 regulatory control periods immediately following the period mentioned in paragraph (a) .\n- (a) the revenue determination for the regulatory control period during which the anticipated start date occurs;\n- (b) if required, the revenue determination for the regulatory control period immediately following the period mentioned in paragraph (a) .","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Definitions for part","content":"### sec.12 Definitions for part\n\nIn this part—\nanticipated completion date , for a priority transmission investment, means the anticipated date for completion of construction of the investment mentioned in section 26 (5) (d) of the Act , as stated in a direction given under that section.\ns 12 def anticipated completion date amd 2026 SL No. 20 s 8 (1)\nanticipated start date , for a priority transmission investment, means the anticipated date by which Powerlink will commence constructing the investment mentioned in section 26 (5) (c) of the Act , as stated in a direction given under that section.\ns 12 def anticipated start date amd 2026 SL No. 20 s 8 (2)\nmaterial change PTI direction see section 38 (5) .\nprimary PTI allowance direction see section 15 (3) .\nregulatory asset base allocation direction see section 34 (2) .\ns 12 ins 2024 SL No. 105 s 6","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Interpretation of particular terms—National Electricity Rules","content":"### sec.13 Interpretation of particular terms—National Electricity Rules\n\nSubject to section 10 , particular terms used, but not defined, in this part and used in the National Electricity Rules are intended to have the same meaning as the terms have in the National Electricity Rules.\nannual building block revenue requirement, capital expenditure objectives, capital expenditure sharing scheme, commence, efficiency benefit sharing scheme, forecast capital expenditure, forecast operating expenditure, incremental operating expenditure, incremental revenue, operate, maximum allowed revenue, operating expenditure objectives, optimal development path, post-tax revenue model, regulatory asset base, regulatory control period, regulatory information instrument, revenue determination, revenue proposal, X factor\ns 13 ins 2024 SL No. 105 s 6","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"AER may modify application of capital expenditure sharing scheme","content":"### sec.14 AER may modify application of capital expenditure sharing scheme\n\nThis section applies if a capital expenditure sharing scheme developed by the AER under the National Electricity Rules does not take into account the interaction of the scheme with the operation of this part.\nThe AER may, in applying the capital expenditure sharing scheme to Powerlink, take into account an incentive that Powerlink may have as a result of the operation of this part.\ns 14 ins 2024 SL No. 105 s 6\n(sec.14-ssec.1) This section applies if a capital expenditure sharing scheme developed by the AER under the National Electricity Rules does not take into account the interaction of the scheme with the operation of this part.\n(sec.14-ssec.2) The AER may, in applying the capital expenditure sharing scheme to Powerlink, take into account an incentive that Powerlink may have as a result of the operation of this part.","sortOrder":18},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Primary PTI allowance directions","content":"## Primary PTI allowance directions","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Requirement to give primary PTI allowance direction","content":"### sec.15 Requirement to give primary PTI allowance direction\n\nThis section applies if the responsible Ministers give Powerlink a direction under section 26 (4) of the Act about a priority transmission investment.\nThe responsible Ministers must, at the same time, direct Powerlink to apply to the AER under this division to amend or make a revenue determination to ensure capital expenditure and operating expenditure associated with the priority transmission investment are accounted for in the revenue determination.\nA direction under this section is a primary PTI allowance direction .\nThe primary PTI allowance direction for the priority transmission investment must—\nstate a description of the investment; and\nstate the anticipated completion date for the investment; and\ninclude a requirement under section 18 or at least 1 requirement under section 28 or 29 in relation to the investment.\ns 15 ins 2024 SL No. 105 s 6\namd 2026 SL No. 20 s 9\n(sec.15-ssec.1) This section applies if the responsible Ministers give Powerlink a direction under section 26 (4) of the Act about a priority transmission investment.\n(sec.15-ssec.2) The responsible Ministers must, at the same time, direct Powerlink to apply to the AER under this division to amend or make a revenue determination to ensure capital expenditure and operating expenditure associated with the priority transmission investment are accounted for in the revenue determination.\n(sec.15-ssec.3) A direction under this section is a primary PTI allowance direction .\n(sec.15-ssec.4) The primary PTI allowance direction for the priority transmission investment must— state a description of the investment; and state the anticipated completion date for the investment; and include a requirement under section 18 or at least 1 requirement under section 28 or 29 in relation to the investment.\n- (a) state a description of the investment; and\n- (b) state the anticipated completion date for the investment; and\n- (c) include a requirement under section 18 or at least 1 requirement under section 28 or 29 in relation to the investment.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application of subdivision","content":"### sec.16 Application of subdivision\n\nThis subdivision applies for a primary PTI allowance direction given during a regulatory control period if the anticipated start date for the priority transmission investment occurs during the same regulatory control period (the first period ).\ns 16 ins 2024 SL No. 105 s 6","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.17 Definitions for subdivision\n\nIn this subdivision—\nfirst period see section 16 .\nsecond period see section 18 (2) .\nthird period see section 18 (3) .\ns 17 ins 2024 SL No. 105 s 6","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Primary PTI allowance direction—first, second and third periods","content":"### sec.18 Primary PTI allowance direction—first, second and third periods\n\nThe primary PTI allowance direction may require Powerlink to apply to the AER for an amendment of Powerlink’s revenue determination for the first period.\nIf the anticipated completion date for the investment occurs in the regulatory control period immediately following the first period (the second period ), the primary PTI allowance direction may require Powerlink to include in the application stated amounts relating to the investment in its revenue proposal for the second period.\nIf the anticipated completion date for the investment occurs in the regulatory control period immediately following the second period (the third period ), the direction may require Powerlink to include in the application stated amounts relating to the investment in its revenue proposal for the second period and third period.\nThe primary PTI allowance direction may require the application to the AER to state—\nthe forecast of the total capital expenditure for the investment stated in the direction (the directed forecast capital expenditure ); and\nthe forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each remaining regulatory year of the first period; and\nthe forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each regulatory year of the second period; and\nthe forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each regulatory year of the third period; and\nthe date Powerlink commenced constructing, or the anticipated start date of, the investment; and\nthe anticipated completion date for the investment; and\nan estimate of the incremental revenue Powerlink considers is likely to be required to be earned by Powerlink in each remaining regulatory year of the first period as a result of the construction of the investment.\nIf Powerlink makes an application in accordance with the primary PTI allowance direction under this section, Powerlink must give the AER any further documents or information the AER reasonably requires to deal with the application in the form required by the AER.\ns 18 ins 2024 SL No. 105 s 6\n(sec.18-ssec.1) The primary PTI allowance direction may require Powerlink to apply to the AER for an amendment of Powerlink’s revenue determination for the first period.\n(sec.18-ssec.2) If the anticipated completion date for the investment occurs in the regulatory control period immediately following the first period (the second period ), the primary PTI allowance direction may require Powerlink to include in the application stated amounts relating to the investment in its revenue proposal for the second period.\n(sec.18-ssec.3) If the anticipated completion date for the investment occurs in the regulatory control period immediately following the second period (the third period ), the direction may require Powerlink to include in the application stated amounts relating to the investment in its revenue proposal for the second period and third period.\n(sec.18-ssec.4) The primary PTI allowance direction may require the application to the AER to state— the forecast of the total capital expenditure for the investment stated in the direction (the directed forecast capital expenditure ); and the forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each remaining regulatory year of the first period; and the forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each regulatory year of the second period; and the forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each regulatory year of the third period; and the date Powerlink commenced constructing, or the anticipated start date of, the investment; and the anticipated completion date for the investment; and an estimate of the incremental revenue Powerlink considers is likely to be required to be earned by Powerlink in each remaining regulatory year of the first period as a result of the construction of the investment.\n(sec.18-ssec.5) If Powerlink makes an application in accordance with the primary PTI allowance direction under this section, Powerlink must give the AER any further documents or information the AER reasonably requires to deal with the application in the form required by the AER.\n- (a) the forecast of the total capital expenditure for the investment stated in the direction (the directed forecast capital expenditure ); and\n- (b) the forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each remaining regulatory year of the first period; and\n- (c) the forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each regulatory year of the second period; and\n- (d) the forecast of the capital expenditure and incremental operating expenditure for the investment stated in the direction for each regulatory year of the third period; and\n- (e) the date Powerlink commenced constructing, or the anticipated start date of, the investment; and\n- (f) the anticipated completion date for the investment; and\n- (g) an estimate of the incremental revenue Powerlink considers is likely to be required to be earned by Powerlink in each remaining regulatory year of the first period as a result of the construction of the investment.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Action AER must take in first period","content":"### sec.19 Action AER must take in first period\n\nThis section applies if Powerlink makes an application in accordance with the primary PTI allowance direction mentioned in section 18 .\nAs soon as practicable after receiving the application, the AER must amend Powerlink’s revenue determination for the first period by—\nadjusting Powerlink’s forecast capital expenditure to accommodate the forecast total capital expenditure for the priority transmission investment for each remaining regulatory year of the first period stated in the application; and\nadjusting Powerlink’s forecast operating expenditure to accommodate the total incremental operating expenditure for the priority transmission investment stated in the application; and\nadjusting the following for each remaining regulatory year of the first period to reflect the effect of the increase in Powerlink’s forecast operating expenditure, including any necessary consequential adjustment to Powerlink’s annual building block revenue requirement for each remaining regulatory year—\nPowerlink’s maximum allowed revenue;\nthe X factor; and\nadjusting the values to be attributed to the capital expenditure sharing scheme and efficiency benefit sharing scheme to reflect the increase in Powerlink’s forecast capital expenditure and forecast operating expenditure.\nAn amendment of Powerlink’s revenue determination under subsection (2) takes effect at the beginning of the regulatory year starting immediately after the regulatory year during which the amendment is made.\nIn the National Electricity Rules, a reference to a revenue determination includes a reference to Powerlink’s revenue determination as amended under subsection (2) .\nFor the capital expenditure sharing scheme mentioned in subsection (2) (d) , the actual capital expenditure for the provision of prescribed transmission services for the first period is taken to include Powerlink’s actual capital expenditure relating to the priority transmission investment.\ns 19 ins 2024 SL No. 105 s 6\n(sec.19-ssec.1) This section applies if Powerlink makes an application in accordance with the primary PTI allowance direction mentioned in section 18 .\n(sec.19-ssec.2) As soon as practicable after receiving the application, the AER must amend Powerlink’s revenue determination for the first period by— adjusting Powerlink’s forecast capital expenditure to accommodate the forecast total capital expenditure for the priority transmission investment for each remaining regulatory year of the first period stated in the application; and adjusting Powerlink’s forecast operating expenditure to accommodate the total incremental operating expenditure for the priority transmission investment stated in the application; and adjusting the following for each remaining regulatory year of the first period to reflect the effect of the increase in Powerlink’s forecast operating expenditure, including any necessary consequential adjustment to Powerlink’s annual building block revenue requirement for each remaining regulatory year— Powerlink’s maximum allowed revenue; the X factor; and adjusting the values to be attributed to the capital expenditure sharing scheme and efficiency benefit sharing scheme to reflect the increase in Powerlink’s forecast capital expenditure and forecast operating expenditure.\n(sec.19-ssec.3) An amendment of Powerlink’s revenue determination under subsection (2) takes effect at the beginning of the regulatory year starting immediately after the regulatory year during which the amendment is made.\n(sec.19-ssec.4) In the National Electricity Rules, a reference to a revenue determination includes a reference to Powerlink’s revenue determination as amended under subsection (2) .\n(sec.19-ssec.5) For the capital expenditure sharing scheme mentioned in subsection (2) (d) , the actual capital expenditure for the provision of prescribed transmission services for the first period is taken to include Powerlink’s actual capital expenditure relating to the priority transmission investment.\n- (a) adjusting Powerlink’s forecast capital expenditure to accommodate the forecast total capital expenditure for the priority transmission investment for each remaining regulatory year of the first period stated in the application; and\n- (b) adjusting Powerlink’s forecast operating expenditure to accommodate the total incremental operating expenditure for the priority transmission investment stated in the application; and\n- (c) adjusting the following for each remaining regulatory year of the first period to reflect the effect of the increase in Powerlink’s forecast operating expenditure, including any necessary consequential adjustment to Powerlink’s annual building block revenue requirement for each remaining regulatory year— (i) Powerlink’s maximum allowed revenue; (ii) the X factor; and\n- (i) Powerlink’s maximum allowed revenue;\n- (ii) the X factor; and\n- (d) adjusting the values to be attributed to the capital expenditure sharing scheme and efficiency benefit sharing scheme to reflect the increase in Powerlink’s forecast capital expenditure and forecast operating expenditure.\n- (i) Powerlink’s maximum allowed revenue;\n- (ii) the X factor; and","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Obligations of AER for second period if s 18 (2) applies","content":"### sec.20 Obligations of AER for second period if s 18 (2) applies\n\nThis section applies if, in accordance with a requirement included in the primary PTI allowance direction under section 18 (4) (c) , Powerlink includes in the application the forecast capital expenditure or forecast operating expenditure for the second period.\nWithout limiting the matters the AER must publish for a draft decision under the National Electricity Rules, clause 6A.12.2, the AER must publish the amounts of the forecast capital expenditure and forecast operating expenditure that are attributable to the priority transmission investment to be accounted for in the revenue determination for the second period.\nThe AER must, in relation to Powerlink’s revenue proposal for the second period—\nfor the forecast capital expenditure included in the application under a requirement made under section 18 (4) (c) —\nensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and\naccept the expenditure, as adjusted under subparagraph (i) and by any first period adjustment accepted under section 23 , in its final decision for Powerlink’s transmission determination; and\ninclude the expenditure in the capital expenditure in the revenue determination for Powerlink for the second period; and\nfor the forecast operating expenditure included in the application under a requirement made under section 18 (4) (c) —\nensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and\naccept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\ninclude the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.\nEach adjustment of forecast capital expenditure and forecast operating expenditure made under subsection (3) (a) (i) and (b)(i) must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink.\nThe forecast operating expenditure mentioned in subsection (3) (b) (iii) is taken to be included as part of a building block in Powerlink’s annual building block revenue requirement for the second period, as if it had been accepted by the AER as mentioned in the National Electricity Rules, clause 6A.5.4(b)(6).\ns 20 ins 2024 SL No. 105 s 6\n(sec.20-ssec.1) This section applies if, in accordance with a requirement included in the primary PTI allowance direction under section 18 (4) (c) , Powerlink includes in the application the forecast capital expenditure or forecast operating expenditure for the second period.\n(sec.20-ssec.2) Without limiting the matters the AER must publish for a draft decision under the National Electricity Rules, clause 6A.12.2, the AER must publish the amounts of the forecast capital expenditure and forecast operating expenditure that are attributable to the priority transmission investment to be accounted for in the revenue determination for the second period.\n(sec.20-ssec.3) The AER must, in relation to Powerlink’s revenue proposal for the second period— for the forecast capital expenditure included in the application under a requirement made under section 18 (4) (c) — ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and accept the expenditure, as adjusted under subparagraph (i) and by any first period adjustment accepted under section 23 , in its final decision for Powerlink’s transmission determination; and include the expenditure in the capital expenditure in the revenue determination for Powerlink for the second period; and for the forecast operating expenditure included in the application under a requirement made under section 18 (4) (c) — ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and include the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.\n(sec.20-ssec.4) Each adjustment of forecast capital expenditure and forecast operating expenditure made under subsection (3) (a) (i) and (b)(i) must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink.\n(sec.20-ssec.5) The forecast operating expenditure mentioned in subsection (3) (b) (iii) is taken to be included as part of a building block in Powerlink’s annual building block revenue requirement for the second period, as if it had been accepted by the AER as mentioned in the National Electricity Rules, clause 6A.5.4(b)(6).\n- (a) for the forecast capital expenditure included in the application under a requirement made under section 18 (4) (c) — (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and (ii) accept the expenditure, as adjusted under subparagraph (i) and by any first period adjustment accepted under section 23 , in its final decision for Powerlink’s transmission determination; and (iii) include the expenditure in the capital expenditure in the revenue determination for Powerlink for the second period; and\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) and by any first period adjustment accepted under section 23 , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the capital expenditure in the revenue determination for Powerlink for the second period; and\n- (b) for the forecast operating expenditure included in the application under a requirement made under section 18 (4) (c) — (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and (iii) include the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) and by any first period adjustment accepted under section 23 , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the capital expenditure in the revenue determination for Powerlink for the second period; and\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Obligations of AER for third period if s 18 (3) applies","content":"### sec.21 Obligations of AER for third period if s 18 (3) applies\n\nThis section applies if, in accordance with a requirement included in the primary PTI allowance direction under section 18 (4) (d) , Powerlink includes in the application the forecast capital expenditure or forecast operating expenditure for the third period.\nWithout limiting the matters the AER must publish for a draft decision under the National Electricity Rules, clause 6A.12.2, the AER must publish the amounts of the forecast capital expenditure and forecast operating expenditure that are attributable to the priority transmission investment to be accounted for in the revenue determination for the third period.\nThe AER must, in relation to Powerlink’s revenue proposal for the third period—\nfor the forecast capital expenditure included in the application under a requirement made under section 18 (4) (d) —\nensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the third period; and\naccept the expenditure, as adjusted under subparagraph (i) and any second period adjustment accepted under section 25 in its final decision for Powerlink’s transmission determination; and\ninclude the expenditure in the forecast capital expenditure in the revenue determination for Powerlink for the third period; and\nfor the forecast operating expenditure included in the application under a requirement made under section 18 (4) (d) —\nensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the third period; and\naccept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\ninclude the expenditure in the forecast operating expenditure in the revenue determination for Powerlink for the third period.\nEach adjustment of forecast capital expenditure and forecast operating expenditure made under subsection (3) (a) (i) and (b)(i) must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink.\nThe forecast operating expenditure mentioned in subsection (3) (b) (iii) is taken to be included as part of a building block in Powerlink’s annual building block revenue requirement for the third period, as if it had been accepted by the AER as mentioned in the National Electricity Rules, clause 6A.5.4(b)(6).\ns 21 ins 2024 SL No. 105 s 6\n(sec.21-ssec.1) This section applies if, in accordance with a requirement included in the primary PTI allowance direction under section 18 (4) (d) , Powerlink includes in the application the forecast capital expenditure or forecast operating expenditure for the third period.\n(sec.21-ssec.2) Without limiting the matters the AER must publish for a draft decision under the National Electricity Rules, clause 6A.12.2, the AER must publish the amounts of the forecast capital expenditure and forecast operating expenditure that are attributable to the priority transmission investment to be accounted for in the revenue determination for the third period.\n(sec.21-ssec.3) The AER must, in relation to Powerlink’s revenue proposal for the third period— for the forecast capital expenditure included in the application under a requirement made under section 18 (4) (d) — ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the third period; and accept the expenditure, as adjusted under subparagraph (i) and any second period adjustment accepted under section 25 in its final decision for Powerlink’s transmission determination; and include the expenditure in the forecast capital expenditure in the revenue determination for Powerlink for the third period; and for the forecast operating expenditure included in the application under a requirement made under section 18 (4) (d) — ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the third period; and accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and include the expenditure in the forecast operating expenditure in the revenue determination for Powerlink for the third period.\n(sec.21-ssec.4) Each adjustment of forecast capital expenditure and forecast operating expenditure made under subsection (3) (a) (i) and (b)(i) must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink.\n(sec.21-ssec.5) The forecast operating expenditure mentioned in subsection (3) (b) (iii) is taken to be included as part of a building block in Powerlink’s annual building block revenue requirement for the third period, as if it had been accepted by the AER as mentioned in the National Electricity Rules, clause 6A.5.4(b)(6).\n- (a) for the forecast capital expenditure included in the application under a requirement made under section 18 (4) (d) — (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the third period; and (ii) accept the expenditure, as adjusted under subparagraph (i) and any second period adjustment accepted under section 25 in its final decision for Powerlink’s transmission determination; and (iii) include the expenditure in the forecast capital expenditure in the revenue determination for Powerlink for the third period; and\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the third period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) and any second period adjustment accepted under section 25 in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the forecast capital expenditure in the revenue determination for Powerlink for the third period; and\n- (b) for the forecast operating expenditure included in the application under a requirement made under section 18 (4) (d) — (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the third period; and (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and (iii) include the expenditure in the forecast operating expenditure in the revenue determination for Powerlink for the third period.\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the third period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the forecast operating expenditure in the revenue determination for Powerlink for the third period.\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the third period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) and any second period adjustment accepted under section 25 in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the forecast capital expenditure in the revenue determination for Powerlink for the third period; and\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the third period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the forecast operating expenditure in the revenue determination for Powerlink for the third period.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Powerlink must include first period adjustment in revenue proposal for second period","content":"### sec.22 Powerlink must include first period adjustment in revenue proposal for second period\n\nThis section applies if—\nthe AER amends Powerlink’s revenue determination for the first period under section 19 (2) ; and\nthe anticipated completion date for the investment occurs after the first period has ended.\nPowerlink must include any first period adjustment in the forecast capital expenditure stated in its revenue proposal for the second period.\nFor subsection (2) , the first period adjustment is the amount calculated by subtracting the actual PTI expenditure amount from the directed PTI expenditure amount.\nIn this section—\nactual PTI expenditure amount means the total capital expenditure actually incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment as at the end of the first period.\ndirected PTI expenditure amount means the forecast capital expenditure for the priority transmission investment for the first period stated in Powerlink’s application under a requirement made under section 18 (4) (b) .\ns 22 ins 2024 SL No. 105 s 6\n(sec.22-ssec.1) This section applies if— the AER amends Powerlink’s revenue determination for the first period under section 19 (2) ; and the anticipated completion date for the investment occurs after the first period has ended.\n(sec.22-ssec.2) Powerlink must include any first period adjustment in the forecast capital expenditure stated in its revenue proposal for the second period.\n(sec.22-ssec.3) For subsection (2) , the first period adjustment is the amount calculated by subtracting the actual PTI expenditure amount from the directed PTI expenditure amount.\n(sec.22-ssec.4) In this section— actual PTI expenditure amount means the total capital expenditure actually incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment as at the end of the first period. directed PTI expenditure amount means the forecast capital expenditure for the priority transmission investment for the first period stated in Powerlink’s application under a requirement made under section 18 (4) (b) .\n- (a) the AER amends Powerlink’s revenue determination for the first period under section 19 (2) ; and\n- (b) the anticipated completion date for the investment occurs after the first period has ended.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"AER must accept and include Powerlink’s first period adjustment for second period if s 22 applies","content":"### sec.23 AER must accept and include Powerlink’s first period adjustment for second period if s 22 applies\n\nThis section applies if—\nPowerlink’s application made in compliance with a primary PTI allowance direction mentioned in section 18 includes the forecast capital expenditure for the second period as mentioned in section 22 (2) ; and\na first period adjustment is included in Powerlink’s revenue proposal for the second period under section 22 .\nThe AER must—\naccept the first period adjustment in its final decision for Powerlink’s transmission determination for the second period; and\ninclude the expenditure accepted under paragraph (a) in the capital expenditure in the revenue determination for Powerlink for the second period.\ns 23 ins 2024 SL No. 105 s 6\n(sec.23-ssec.1) This section applies if— Powerlink’s application made in compliance with a primary PTI allowance direction mentioned in section 18 includes the forecast capital expenditure for the second period as mentioned in section 22 (2) ; and a first period adjustment is included in Powerlink’s revenue proposal for the second period under section 22 .\n(sec.23-ssec.2) The AER must— accept the first period adjustment in its final decision for Powerlink’s transmission determination for the second period; and include the expenditure accepted under paragraph (a) in the capital expenditure in the revenue determination for Powerlink for the second period.\n- (a) Powerlink’s application made in compliance with a primary PTI allowance direction mentioned in section 18 includes the forecast capital expenditure for the second period as mentioned in section 22 (2) ; and\n- (b) a first period adjustment is included in Powerlink’s revenue proposal for the second period under section 22 .\n- (a) accept the first period adjustment in its final decision for Powerlink’s transmission determination for the second period; and\n- (b) include the expenditure accepted under paragraph (a) in the capital expenditure in the revenue determination for Powerlink for the second period.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Powerlink must include second period adjustment if anticipated completion date occurs in third regulatory period","content":"### sec.24 Powerlink must include second period adjustment if anticipated completion date occurs in third regulatory period\n\nThis section applies if—\nthe AER amends Powerlink’s revenue determination for the first period under section 19 (2) and makes a revenue determination for the second period under section 20 (3) ; and\nthe anticipated completion date for the investment is during the third period.\nPowerlink must include any second period adjustment in the forecast capital expenditure stated in its revenue proposal for the third period.\nFor subsection (2) , the second period adjustment is the amount calculated by subtracting the actual PTI expenditure amount from the directed PTI expenditure amount.\nIn this section—\nactual PTI expenditure amount means the total capital expenditure actually incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment during the second period.\ndirected PTI expenditure amount means the forecast capital expenditure for the priority transmission investment for the second period stated in Powerlink’s application under a requirement made under section 18 (4) (c) .\ns 24 ins 2024 SL No. 105 s 6\n(sec.24-ssec.1) This section applies if— the AER amends Powerlink’s revenue determination for the first period under section 19 (2) and makes a revenue determination for the second period under section 20 (3) ; and the anticipated completion date for the investment is during the third period.\n(sec.24-ssec.2) Powerlink must include any second period adjustment in the forecast capital expenditure stated in its revenue proposal for the third period.\n(sec.24-ssec.3) For subsection (2) , the second period adjustment is the amount calculated by subtracting the actual PTI expenditure amount from the directed PTI expenditure amount.\n(sec.24-ssec.4) In this section— actual PTI expenditure amount means the total capital expenditure actually incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment during the second period. directed PTI expenditure amount means the forecast capital expenditure for the priority transmission investment for the second period stated in Powerlink’s application under a requirement made under section 18 (4) (c) .\n- (a) the AER amends Powerlink’s revenue determination for the first period under section 19 (2) and makes a revenue determination for the second period under section 20 (3) ; and\n- (b) the anticipated completion date for the investment is during the third period.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"AER must accept and include Powerlink’s second period adjustment for third period if s 24 applies","content":"### sec.25 AER must accept and include Powerlink’s second period adjustment for third period if s 24 applies\n\nThis section applies if—\nPowerlink’s application made in compliance with a primary PTI allowance direction mentioned in section 18 includes the forecast capital expenditure for the third period as mentioned in section 24 (2) ; and\na second period adjustment is included in Powerlink’s revenue proposal for the third period under section 24 .\nThe AER must—\naccept the second period adjustment in its final decision for Powerlink’s transmission determination for the third period; and\ninclude the expenditure in the capital expenditure in the revenue determination for Powerlink for the third period.\ns 25 ins 2024 SL No. 105 s 6\n(sec.25-ssec.1) This section applies if— Powerlink’s application made in compliance with a primary PTI allowance direction mentioned in section 18 includes the forecast capital expenditure for the third period as mentioned in section 24 (2) ; and a second period adjustment is included in Powerlink’s revenue proposal for the third period under section 24 .\n(sec.25-ssec.2) The AER must— accept the second period adjustment in its final decision for Powerlink’s transmission determination for the third period; and include the expenditure in the capital expenditure in the revenue determination for Powerlink for the third period.\n- (a) Powerlink’s application made in compliance with a primary PTI allowance direction mentioned in section 18 includes the forecast capital expenditure for the third period as mentioned in section 24 (2) ; and\n- (b) a second period adjustment is included in Powerlink’s revenue proposal for the third period under section 24 .\n- (a) accept the second period adjustment in its final decision for Powerlink’s transmission determination for the third period; and\n- (b) include the expenditure in the capital expenditure in the revenue determination for Powerlink for the third period.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of subdivision","content":"### sec.26 Application of subdivision\n\nThis subdivision applies to a primary PTI allowance direction about a priority transmission investment if the anticipated start date occurs during the regulatory control period (the first period ) starting immediately after the regulatory control period during which the direction was given.\ns 26 ins 2024 SL No. 105 s 6","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.27 Definitions for subdivision\n\nIn this subdivision—\nfirst period see section 26 .\nsecond period see section 29 (1) .\ns 27 ins 2024 SL No. 105 s 6","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Primary PTI allowance direction—first period","content":"### sec.28 Primary PTI allowance direction—first period\n\nIf, when the primary PTI allowance direction is given, Powerlink has not given AER its revenue proposal for the first period, the direction may require Powerlink to—\ninclude in the forecast capital expenditure stated in its revenue proposal for the first period the forecast capital expenditure the responsible Ministers are satisfied is required in relation to the priority transmission investment in the first period (the directed forecast capital expenditure ); and\ninclude in the forecast operating expenditure stated in its revenue proposal for the first period the forecast operating expenditure the responsible Ministers are satisfied is required to operate the priority transmission investment in the first period (the directed forecast operating expenditure ).\nIf, when the primary PTI allowance direction is given, Powerlink has already given the AER its revenue proposal for the first period, the direction may require Powerlink to give the AER a revised revenue proposal and include in its revised revenue proposal the matters mentioned in subsection (1) .\nPowerlink must comply with a requirement mentioned in subsection (1) or (2) included in a primary PTI allowance direction—\nwhether or not the directed forecast capital expenditure meets the capital expenditure objectives; and\nwhether or not the directed forecast operating expenditure meets the operating expenditure objectives.\nThe primary PTI allowance direction may include a requirement mentioned in subsection (2) only if, when the direction is given, Powerlink has not previously given the AER a revised revenue proposal.\ns 28 ins 2024 SL No. 105 s 6\n(sec.28-ssec.1) If, when the primary PTI allowance direction is given, Powerlink has not given AER its revenue proposal for the first period, the direction may require Powerlink to— include in the forecast capital expenditure stated in its revenue proposal for the first period the forecast capital expenditure the responsible Ministers are satisfied is required in relation to the priority transmission investment in the first period (the directed forecast capital expenditure ); and include in the forecast operating expenditure stated in its revenue proposal for the first period the forecast operating expenditure the responsible Ministers are satisfied is required to operate the priority transmission investment in the first period (the directed forecast operating expenditure ).\n(sec.28-ssec.2) If, when the primary PTI allowance direction is given, Powerlink has already given the AER its revenue proposal for the first period, the direction may require Powerlink to give the AER a revised revenue proposal and include in its revised revenue proposal the matters mentioned in subsection (1) .\n(sec.28-ssec.3) Powerlink must comply with a requirement mentioned in subsection (1) or (2) included in a primary PTI allowance direction— whether or not the directed forecast capital expenditure meets the capital expenditure objectives; and whether or not the directed forecast operating expenditure meets the operating expenditure objectives.\n(sec.28-ssec.4) The primary PTI allowance direction may include a requirement mentioned in subsection (2) only if, when the direction is given, Powerlink has not previously given the AER a revised revenue proposal.\n- (a) include in the forecast capital expenditure stated in its revenue proposal for the first period the forecast capital expenditure the responsible Ministers are satisfied is required in relation to the priority transmission investment in the first period (the directed forecast capital expenditure ); and\n- (b) include in the forecast operating expenditure stated in its revenue proposal for the first period the forecast operating expenditure the responsible Ministers are satisfied is required to operate the priority transmission investment in the first period (the directed forecast operating expenditure ).\n- (a) whether or not the directed forecast capital expenditure meets the capital expenditure objectives; and\n- (b) whether or not the directed forecast operating expenditure meets the operating expenditure objectives.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Primary PTI allowance direction—second period","content":"### sec.29 Primary PTI allowance direction—second period\n\nIf the primary PTI allowance direction states an anticipated completion date for the priority transmission investment that occurs during the regulatory control period immediately following the first period (the second period ), the primary PTI allowance direction may also require Powerlink to—\ninclude in the forecast capital expenditure stated in its revenue proposal for the second period the forecast capital expenditure the responsible Ministers are satisfied is required in relation to the priority transmission investment in the second period (the directed forecast capital expenditure ); and\ninclude in the forecast operating expenditure stated in its revenue proposal for the second period the forecast operating expenditure the responsible Ministers are satisfied is required to operate the priority transmission investment in the second period (the directed forecast operating expenditure ).\nPowerlink must comply with a requirement mentioned in subsection (1) included in a primary PTI allowance direction—\nwhether or not the directed forecast capital expenditure meets the capital expenditure objectives; and\nwhether or not the directed forecast operating expenditure meets the operating expenditure objectives.\ns 29 ins 2024 SL No. 105 s 6\n(sec.29-ssec.1) If the primary PTI allowance direction states an anticipated completion date for the priority transmission investment that occurs during the regulatory control period immediately following the first period (the second period ), the primary PTI allowance direction may also require Powerlink to— include in the forecast capital expenditure stated in its revenue proposal for the second period the forecast capital expenditure the responsible Ministers are satisfied is required in relation to the priority transmission investment in the second period (the directed forecast capital expenditure ); and include in the forecast operating expenditure stated in its revenue proposal for the second period the forecast operating expenditure the responsible Ministers are satisfied is required to operate the priority transmission investment in the second period (the directed forecast operating expenditure ).\n(sec.29-ssec.2) Powerlink must comply with a requirement mentioned in subsection (1) included in a primary PTI allowance direction— whether or not the directed forecast capital expenditure meets the capital expenditure objectives; and whether or not the directed forecast operating expenditure meets the operating expenditure objectives.\n- (a) include in the forecast capital expenditure stated in its revenue proposal for the second period the forecast capital expenditure the responsible Ministers are satisfied is required in relation to the priority transmission investment in the second period (the directed forecast capital expenditure ); and\n- (b) include in the forecast operating expenditure stated in its revenue proposal for the second period the forecast operating expenditure the responsible Ministers are satisfied is required to operate the priority transmission investment in the second period (the directed forecast operating expenditure ).\n- (a) whether or not the directed forecast capital expenditure meets the capital expenditure objectives; and\n- (b) whether or not the directed forecast operating expenditure meets the operating expenditure objectives.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Obligations of AER for first period if s 28 applies","content":"### sec.30 Obligations of AER for first period if s 28 applies\n\nThis section applies if, under section 28 , Powerlink includes directed forecast capital expenditure or directed forecast operating expenditure in a revenue proposal given to the AER for the first period.\nWithout limiting the matters the AER must publish for a draft decision under the National Electricity Rules, clause 6A.12.2, the AER must publish the directed forecast capital expenditure and directed forecast operating expenditure to be accounted for in the revenue determination for Powerlink for the first period.\nThe AER must, in relation to Powerlink’s revenue proposal—\nfor directed forecast capital expenditure—\nensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the first period; and\naccept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\ninclude the expenditure in the capital expenditure within the revenue determination for Powerlink for the first period; and\nfor directed forecast operating expenditure—\nensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the first period; and\naccept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\ninclude the expenditure in the operating expenditure within the revenue determination for Powerlink for the first period.\nEach adjustment of directed forecast capital expenditure and directed forecast operating expenditure made under subsection (3) (a) (i) or (b)(i) must also have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink.\nFor the purposes of the National Electricity Rules, the forecast operating expenditure mentioned in subsection (3) (b) (iii) is taken to be included as part of a building block in Powerlink’s annual building block revenue requirement for the first period, as if it had been accepted by the AER as mentioned in the National Electricity Rules, clause 6A.5.4(b)(6).\nIn this section—\ndirected forecast capital expenditure see section 28 (1) (a) .\ndirected forecast operating expenditure see section 28 (1) (b) .\ns 30 ins 2024 SL No. 105 s 6\n(sec.30-ssec.1) This section applies if, under section 28 , Powerlink includes directed forecast capital expenditure or directed forecast operating expenditure in a revenue proposal given to the AER for the first period.\n(sec.30-ssec.2) Without limiting the matters the AER must publish for a draft decision under the National Electricity Rules, clause 6A.12.2, the AER must publish the directed forecast capital expenditure and directed forecast operating expenditure to be accounted for in the revenue determination for Powerlink for the first period.\n(sec.30-ssec.3) The AER must, in relation to Powerlink’s revenue proposal— for directed forecast capital expenditure— ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the first period; and accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and include the expenditure in the capital expenditure within the revenue determination for Powerlink for the first period; and for directed forecast operating expenditure— ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the first period; and accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and include the expenditure in the operating expenditure within the revenue determination for Powerlink for the first period.\n(sec.30-ssec.4) Each adjustment of directed forecast capital expenditure and directed forecast operating expenditure made under subsection (3) (a) (i) or (b)(i) must also have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink.\n(sec.30-ssec.5) For the purposes of the National Electricity Rules, the forecast operating expenditure mentioned in subsection (3) (b) (iii) is taken to be included as part of a building block in Powerlink’s annual building block revenue requirement for the first period, as if it had been accepted by the AER as mentioned in the National Electricity Rules, clause 6A.5.4(b)(6).\n(sec.30-ssec.6) In this section— directed forecast capital expenditure see section 28 (1) (a) . directed forecast operating expenditure see section 28 (1) (b) .\n- (a) for directed forecast capital expenditure— (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the first period; and (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and (iii) include the expenditure in the capital expenditure within the revenue determination for Powerlink for the first period; and\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the first period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the capital expenditure within the revenue determination for Powerlink for the first period; and\n- (b) for directed forecast operating expenditure— (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the first period; and (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and (iii) include the expenditure in the operating expenditure within the revenue determination for Powerlink for the first period.\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the first period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the operating expenditure within the revenue determination for Powerlink for the first period.\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the first period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the capital expenditure within the revenue determination for Powerlink for the first period; and\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the first period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the operating expenditure within the revenue determination for Powerlink for the first period.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Obligations of AER for second period if s 29 applies","content":"### sec.31 Obligations of AER for second period if s 29 applies\n\nThis section applies if, under section 29 , Powerlink includes directed forecast capital expenditure or directed forecast operating expenditure in a revenue proposal given to the AER for the second period.\nWithout limiting the matters the AER must publish for a draft decision under the National Electricity Rules, clause 6A.12.2, the AER must publish the directed forecast capital expenditure and directed forecast operating expenditure to be accounted for in the revenue determination for Powerlink for the second period.\nThe AER must, in relation to Powerlink’s revenue proposal—\nfor directed forecast capital expenditure—\nensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and\naccept the expenditure, as adjusted under subparagraph (i) and by the first period adjustment accepted under section 33 , in its final decision for Powerlink’s transmission determination; and\ninclude the expenditure in the capital expenditure within the revenue determination for Powerlink for the second period; and\nfor directed forecast operating expenditure—\nensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and\naccept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\ninclude the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.\nFor the purposes of the National Electricity Rules, the forecast operating expenditure mentioned in subsection (3) (b) (iii) is taken to be included as part of a building block in Powerlink’s annual building block revenue requirement for the second period, as if it had been accepted by the AER as mentioned in the National Electricity Rules, clause 6A.5.4(b)(6).\nIn this section—\ndirected forecast capital expenditure see section 29 (1) (a) .\ndirected forecast operating expenditure see section 29 (1) (b) .\ns 31 ins 2024 SL No. 105 s 6\n(sec.31-ssec.1) This section applies if, under section 29 , Powerlink includes directed forecast capital expenditure or directed forecast operating expenditure in a revenue proposal given to the AER for the second period.\n(sec.31-ssec.2) Without limiting the matters the AER must publish for a draft decision under the National Electricity Rules, clause 6A.12.2, the AER must publish the directed forecast capital expenditure and directed forecast operating expenditure to be accounted for in the revenue determination for Powerlink for the second period.\n(sec.31-ssec.3) The AER must, in relation to Powerlink’s revenue proposal— for directed forecast capital expenditure— ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and accept the expenditure, as adjusted under subparagraph (i) and by the first period adjustment accepted under section 33 , in its final decision for Powerlink’s transmission determination; and include the expenditure in the capital expenditure within the revenue determination for Powerlink for the second period; and for directed forecast operating expenditure— ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and include the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.\n(sec.31-ssec.4) For the purposes of the National Electricity Rules, the forecast operating expenditure mentioned in subsection (3) (b) (iii) is taken to be included as part of a building block in Powerlink’s annual building block revenue requirement for the second period, as if it had been accepted by the AER as mentioned in the National Electricity Rules, clause 6A.5.4(b)(6).\n(sec.31-ssec.5) In this section— directed forecast capital expenditure see section 29 (1) (a) . directed forecast operating expenditure see section 29 (1) (b) .\n- (a) for directed forecast capital expenditure— (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and (ii) accept the expenditure, as adjusted under subparagraph (i) and by the first period adjustment accepted under section 33 , in its final decision for Powerlink’s transmission determination; and (iii) include the expenditure in the capital expenditure within the revenue determination for Powerlink for the second period; and\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) and by the first period adjustment accepted under section 33 , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the capital expenditure within the revenue determination for Powerlink for the second period; and\n- (b) for directed forecast operating expenditure— (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and (iii) include the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for the second period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) and by the first period adjustment accepted under section 33 , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the capital expenditure within the revenue determination for Powerlink for the second period; and\n- (i) ensure the expenditure is adjusted, under the post-tax revenue model and, if necessary, other economic regulatory models, to ensure the AER’s treatment of the expenditure is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast operating expenditure for the revenue proposal for the second period; and\n- (ii) accept the expenditure, as adjusted under subparagraph (i) , in its final decision for Powerlink’s transmission determination; and\n- (iii) include the expenditure in the operating expenditure in the revenue determination for Powerlink for the second period.","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":"Powerlink must include first period adjustment in revenue proposal for second period","content":"### sec.32 Powerlink must include first period adjustment in revenue proposal for second period\n\nThis section applies if—\nPowerlink commences constructing the priority transmission investment during the first period; and\nthe AER accepts the directed forecast capital expenditure and directed forecast operating expenditure for the first period under section 30 (3) ; and\nthe anticipated completion date for the investment occurs during the second period.\nPowerlink must include any first period adjustment in the forecast capital expenditure stated in its revenue proposal for the second period.\nFor subsection (2) , the first period adjustment is the amount calculated by subtracting the actual PTI expenditure amount from the directed PTI expenditure amount.\nIn this section—\nactual PTI expenditure amount means the total capital expenditure actually incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment as at the end of the first period.\ndirected PTI expenditure amount means forecast capital expenditure for the priority transmission investment for the first period stated in Powerlink’s revenue proposal under a requirement made under section 28 .\ns 32 ins 2024 SL No. 105 s 6\n(sec.32-ssec.1) This section applies if— Powerlink commences constructing the priority transmission investment during the first period; and the AER accepts the directed forecast capital expenditure and directed forecast operating expenditure for the first period under section 30 (3) ; and the anticipated completion date for the investment occurs during the second period.\n(sec.32-ssec.2) Powerlink must include any first period adjustment in the forecast capital expenditure stated in its revenue proposal for the second period.\n(sec.32-ssec.3) For subsection (2) , the first period adjustment is the amount calculated by subtracting the actual PTI expenditure amount from the directed PTI expenditure amount.\n(sec.32-ssec.4) In this section— actual PTI expenditure amount means the total capital expenditure actually incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment as at the end of the first period. directed PTI expenditure amount means forecast capital expenditure for the priority transmission investment for the first period stated in Powerlink’s revenue proposal under a requirement made under section 28 .\n- (a) Powerlink commences constructing the priority transmission investment during the first period; and\n- (b) the AER accepts the directed forecast capital expenditure and directed forecast operating expenditure for the first period under section 30 (3) ; and\n- (c) the anticipated completion date for the investment occurs during the second period.","sortOrder":37},{"sectionNumber":"sec.33","sectionType":"section","heading":"AER must accept and include Powerlink’s first period adjustment","content":"### sec.33 AER must accept and include Powerlink’s first period adjustment\n\nThis section applies if, under section 32 , Powerlink gives the AER a revenue proposal for the second period that includes a first period adjustment under section 32 .\nThe AER must—\naccept the first period adjustment in its final decision for Powerlink’s transmission determination for the second period; and\ninclude the expenditure accepted under paragraph (a) in the capital expenditure in the revenue determination for Powerlink for the second period.\ns 33 ins 2024 SL No. 105 s 6\n(sec.33-ssec.1) This section applies if, under section 32 , Powerlink gives the AER a revenue proposal for the second period that includes a first period adjustment under section 32 .\n(sec.33-ssec.2) The AER must— accept the first period adjustment in its final decision for Powerlink’s transmission determination for the second period; and include the expenditure accepted under paragraph (a) in the capital expenditure in the revenue determination for Powerlink for the second period.\n- (a) accept the first period adjustment in its final decision for Powerlink’s transmission determination for the second period; and\n- (b) include the expenditure accepted under paragraph (a) in the capital expenditure in the revenue determination for Powerlink for the second period.","sortOrder":38},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Regulatory asset base allocation directions","content":"## Regulatory asset base allocation directions","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":"Regulatory asset base allocation direction","content":"### sec.34 Regulatory asset base allocation direction\n\nThis section applies if the responsible Ministers give Powerlink a primary PTI allowance direction about a priority transmission investment.\nThe responsible Ministers must, at the same time, give Powerlink a direction about Powerlink’s regulatory asset base (a regulatory asset base allocation direction ) that requires Powerlink—\nto apply to the AER to include all, or 1 or more stated parts, of the directed forecast capital expenditure under the following sections in the value of Powerlink’s regulatory asset base—\nsection 18 (4) (a) ;\nsection 28 (1) (a) ;\nsection 29 (1) (a) ; and\nto include that expenditure in the value of Powerlink’s regulatory asset base from the beginning of 1 or more regulatory years in 1 or more of Powerlink’s regulatory control periods; and\nto apply to the AER to attribute a stated value or values of assets comprising the priority transmission investment for inclusion in the value of Powerlink’s regulatory asset base from the beginning of each regulatory year for which expenditure is included under paragraph (b) .\nHowever—\nif section 18 (4) (a) applies in relation to the primary PTI allowance direction, the regulatory asset base allocation direction must not relate to a regulatory year starting before the regulatory year during which the amendment of the revenue determination takes effect under section 19 (3) ; and\notherwise, the regulatory asset base allocation direction must not relate to a regulatory year starting earlier than the second regulatory year of the regulatory control period to which the direction relates.\nIn making an application in compliance with the regulatory asset base allocation direction, Powerlink must include a copy of the direction with the application.\ns 34 ins 2024 SL No. 105 s 6\n(sec.34-ssec.1) This section applies if the responsible Ministers give Powerlink a primary PTI allowance direction about a priority transmission investment.\n(sec.34-ssec.2) The responsible Ministers must, at the same time, give Powerlink a direction about Powerlink’s regulatory asset base (a regulatory asset base allocation direction ) that requires Powerlink— to apply to the AER to include all, or 1 or more stated parts, of the directed forecast capital expenditure under the following sections in the value of Powerlink’s regulatory asset base— section 18 (4) (a) ; section 28 (1) (a) ; section 29 (1) (a) ; and to include that expenditure in the value of Powerlink’s regulatory asset base from the beginning of 1 or more regulatory years in 1 or more of Powerlink’s regulatory control periods; and to apply to the AER to attribute a stated value or values of assets comprising the priority transmission investment for inclusion in the value of Powerlink’s regulatory asset base from the beginning of each regulatory year for which expenditure is included under paragraph (b) .\n(sec.34-ssec.3) However— if section 18 (4) (a) applies in relation to the primary PTI allowance direction, the regulatory asset base allocation direction must not relate to a regulatory year starting before the regulatory year during which the amendment of the revenue determination takes effect under section 19 (3) ; and otherwise, the regulatory asset base allocation direction must not relate to a regulatory year starting earlier than the second regulatory year of the regulatory control period to which the direction relates.\n(sec.34-ssec.4) In making an application in compliance with the regulatory asset base allocation direction, Powerlink must include a copy of the direction with the application.\n- (a) to apply to the AER to include all, or 1 or more stated parts, of the directed forecast capital expenditure under the following sections in the value of Powerlink’s regulatory asset base— (i) section 18 (4) (a) ; (ii) section 28 (1) (a) ; (iii) section 29 (1) (a) ; and\n- (i) section 18 (4) (a) ;\n- (ii) section 28 (1) (a) ;\n- (iii) section 29 (1) (a) ; and\n- (b) to include that expenditure in the value of Powerlink’s regulatory asset base from the beginning of 1 or more regulatory years in 1 or more of Powerlink’s regulatory control periods; and\n- (c) to apply to the AER to attribute a stated value or values of assets comprising the priority transmission investment for inclusion in the value of Powerlink’s regulatory asset base from the beginning of each regulatory year for which expenditure is included under paragraph (b) .\n- (i) section 18 (4) (a) ;\n- (ii) section 28 (1) (a) ;\n- (iii) section 29 (1) (a) ; and\n- (a) if section 18 (4) (a) applies in relation to the primary PTI allowance direction, the regulatory asset base allocation direction must not relate to a regulatory year starting before the regulatory year during which the amendment of the revenue determination takes effect under section 19 (3) ; and\n- (b) otherwise, the regulatory asset base allocation direction must not relate to a regulatory year starting earlier than the second regulatory year of the regulatory control period to which the direction relates.","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":"Action AER must take in relation to Powerlink’s application","content":"### sec.35 Action AER must take in relation to Powerlink’s application\n\nThis section applies if Powerlink applies to the AER under a direction given under section 34 (2) in relation to a regulatory control period (the primary period ) for which Powerlink—\nis, under a primary PTI allowance direction given under section 18 (1) , required to apply for an amendment of a revenue determination; or\nis, under a primary PTI allowance direction, required to state forecast capital expenditure in an application to the AER under section 18 (4) (c) , 18 (4) (d) , 28 (1) (a) or 29 (1) (a) .\nThe AER—\nmust either—\nif subsection (1) (a) applies—adjust the value of Powerlink’s regulatory asset base by accepting the amounts applied for, and ensure the amounts are adjusted, under the post-tax revenue model for the regulatory control period during which the adjustment is made and, if necessary, under other economic regulatory models, to ensure the AER’s treatment of the amounts is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for that period; or\notherwise—adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year of the primary period, other than the first regulatory year, to include the forecast capital expenditure or part of that expenditure identified in the application to be included in Powerlink’s regulatory asset base for the regulatory year; and\nmust adjust the value of Powerlink’s regulatory asset base at the beginning of the first regulatory year in the regulatory control period immediately following the primary period (the secondary period ) to include the lesser of the following amounts—\nthe total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period;\nthe total of—\nthe total amount of actual capital expenditure for the priority transmission investment for any of the regulatory years as at the end of the primary period; and\nthe total of the amounts by which an adjustment was made under section 19 (2) (a) or accepted and included under section 20 (3) (a) , 21 (3) (a) , 30 (3) (a) or 31 (3) (a) for any of the regulatory years in the primary period for which the actual capital expenditure is not known; and\nmust adjust the value of Powerlink’s regulatory asset base at the beginning of the first regulatory year in the regulatory control period immediately following the secondary period to include the lesser of the following amounts—\nthe total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period;\nthe total of the amounts of actual capital expenditure for the priority transmission investment as at the end of the primary period; and\nmust not include in the value of Powerlink’s regulatory asset base any other amount in relation to the priority transmission investment that may otherwise be allowed to be included in the value of Powerlink’s regulatory asset base under the National Electricity Rules.\nEach adjustment of the value of Powerlink’s regulatory asset base under subsection (2) (a) (i) or (ii) must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink.\nEach adjustment of the value of Powerlink’s regulatory asset base for a regulatory year under subsection (2) (b) and (c) —\nmust be calculated under the roll forward model in the same way as the value of other assets used to provide prescribed transmission services are rolled forward for the regulatory year; and\nmust have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink; and\nmust have regard to the value or values applied for under section 34 (2) (c) in calculating depreciation of the value of the assets included in the regulatory asset base under the National Electricity Rules, clause 6A.6.3(a)(2)(i).\ns 35 ins 2024 SL No. 105 s 6\n(sec.35-ssec.1) This section applies if Powerlink applies to the AER under a direction given under section 34 (2) in relation to a regulatory control period (the primary period ) for which Powerlink— is, under a primary PTI allowance direction given under section 18 (1) , required to apply for an amendment of a revenue determination; or is, under a primary PTI allowance direction, required to state forecast capital expenditure in an application to the AER under section 18 (4) (c) , 18 (4) (d) , 28 (1) (a) or 29 (1) (a) .\n(sec.35-ssec.2) The AER— must either— if subsection (1) (a) applies—adjust the value of Powerlink’s regulatory asset base by accepting the amounts applied for, and ensure the amounts are adjusted, under the post-tax revenue model for the regulatory control period during which the adjustment is made and, if necessary, under other economic regulatory models, to ensure the AER’s treatment of the amounts is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for that period; or otherwise—adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year of the primary period, other than the first regulatory year, to include the forecast capital expenditure or part of that expenditure identified in the application to be included in Powerlink’s regulatory asset base for the regulatory year; and must adjust the value of Powerlink’s regulatory asset base at the beginning of the first regulatory year in the regulatory control period immediately following the primary period (the secondary period ) to include the lesser of the following amounts— the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period; the total of— the total amount of actual capital expenditure for the priority transmission investment for any of the regulatory years as at the end of the primary period; and the total of the amounts by which an adjustment was made under section 19 (2) (a) or accepted and included under section 20 (3) (a) , 21 (3) (a) , 30 (3) (a) or 31 (3) (a) for any of the regulatory years in the primary period for which the actual capital expenditure is not known; and must adjust the value of Powerlink’s regulatory asset base at the beginning of the first regulatory year in the regulatory control period immediately following the secondary period to include the lesser of the following amounts— the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period; the total of the amounts of actual capital expenditure for the priority transmission investment as at the end of the primary period; and must not include in the value of Powerlink’s regulatory asset base any other amount in relation to the priority transmission investment that may otherwise be allowed to be included in the value of Powerlink’s regulatory asset base under the National Electricity Rules.\n(sec.35-ssec.3) Each adjustment of the value of Powerlink’s regulatory asset base under subsection (2) (a) (i) or (ii) must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink.\n(sec.35-ssec.4) Each adjustment of the value of Powerlink’s regulatory asset base for a regulatory year under subsection (2) (b) and (c) — must be calculated under the roll forward model in the same way as the value of other assets used to provide prescribed transmission services are rolled forward for the regulatory year; and must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink; and must have regard to the value or values applied for under section 34 (2) (c) in calculating depreciation of the value of the assets included in the regulatory asset base under the National Electricity Rules, clause 6A.6.3(a)(2)(i).\n- (a) is, under a primary PTI allowance direction given under section 18 (1) , required to apply for an amendment of a revenue determination; or\n- (b) is, under a primary PTI allowance direction, required to state forecast capital expenditure in an application to the AER under section 18 (4) (c) , 18 (4) (d) , 28 (1) (a) or 29 (1) (a) .\n- (a) must either— (i) if subsection (1) (a) applies—adjust the value of Powerlink’s regulatory asset base by accepting the amounts applied for, and ensure the amounts are adjusted, under the post-tax revenue model for the regulatory control period during which the adjustment is made and, if necessary, under other economic regulatory models, to ensure the AER’s treatment of the amounts is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for that period; or (ii) otherwise—adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year of the primary period, other than the first regulatory year, to include the forecast capital expenditure or part of that expenditure identified in the application to be included in Powerlink’s regulatory asset base for the regulatory year; and\n- (i) if subsection (1) (a) applies—adjust the value of Powerlink’s regulatory asset base by accepting the amounts applied for, and ensure the amounts are adjusted, under the post-tax revenue model for the regulatory control period during which the adjustment is made and, if necessary, under other economic regulatory models, to ensure the AER’s treatment of the amounts is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for that period; or\n- (ii) otherwise—adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year of the primary period, other than the first regulatory year, to include the forecast capital expenditure or part of that expenditure identified in the application to be included in Powerlink’s regulatory asset base for the regulatory year; and\n- (b) must adjust the value of Powerlink’s regulatory asset base at the beginning of the first regulatory year in the regulatory control period immediately following the primary period (the secondary period ) to include the lesser of the following amounts— (i) the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period; (ii) the total of— (A) the total amount of actual capital expenditure for the priority transmission investment for any of the regulatory years as at the end of the primary period; and (B) the total of the amounts by which an adjustment was made under section 19 (2) (a) or accepted and included under section 20 (3) (a) , 21 (3) (a) , 30 (3) (a) or 31 (3) (a) for any of the regulatory years in the primary period for which the actual capital expenditure is not known; and\n- (i) the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period;\n- (ii) the total of— (A) the total amount of actual capital expenditure for the priority transmission investment for any of the regulatory years as at the end of the primary period; and (B) the total of the amounts by which an adjustment was made under section 19 (2) (a) or accepted and included under section 20 (3) (a) , 21 (3) (a) , 30 (3) (a) or 31 (3) (a) for any of the regulatory years in the primary period for which the actual capital expenditure is not known; and\n- (A) the total amount of actual capital expenditure for the priority transmission investment for any of the regulatory years as at the end of the primary period; and\n- (B) the total of the amounts by which an adjustment was made under section 19 (2) (a) or accepted and included under section 20 (3) (a) , 21 (3) (a) , 30 (3) (a) or 31 (3) (a) for any of the regulatory years in the primary period for which the actual capital expenditure is not known; and\n- (c) must adjust the value of Powerlink’s regulatory asset base at the beginning of the first regulatory year in the regulatory control period immediately following the secondary period to include the lesser of the following amounts— (i) the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period; (ii) the total of the amounts of actual capital expenditure for the priority transmission investment as at the end of the primary period; and\n- (i) the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period;\n- (ii) the total of the amounts of actual capital expenditure for the priority transmission investment as at the end of the primary period; and\n- (d) must not include in the value of Powerlink’s regulatory asset base any other amount in relation to the priority transmission investment that may otherwise be allowed to be included in the value of Powerlink’s regulatory asset base under the National Electricity Rules.\n- (i) if subsection (1) (a) applies—adjust the value of Powerlink’s regulatory asset base by accepting the amounts applied for, and ensure the amounts are adjusted, under the post-tax revenue model for the regulatory control period during which the adjustment is made and, if necessary, under other economic regulatory models, to ensure the AER’s treatment of the amounts is, to the extent practicable, consistent with the AER’s treatment of other amounts of forecast capital expenditure for the revenue proposal for that period; or\n- (ii) otherwise—adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year of the primary period, other than the first regulatory year, to include the forecast capital expenditure or part of that expenditure identified in the application to be included in Powerlink’s regulatory asset base for the regulatory year; and\n- (i) the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period;\n- (ii) the total of— (A) the total amount of actual capital expenditure for the priority transmission investment for any of the regulatory years as at the end of the primary period; and (B) the total of the amounts by which an adjustment was made under section 19 (2) (a) or accepted and included under section 20 (3) (a) , 21 (3) (a) , 30 (3) (a) or 31 (3) (a) for any of the regulatory years in the primary period for which the actual capital expenditure is not known; and\n- (A) the total amount of actual capital expenditure for the priority transmission investment for any of the regulatory years as at the end of the primary period; and\n- (B) the total of the amounts by which an adjustment was made under section 19 (2) (a) or accepted and included under section 20 (3) (a) , 21 (3) (a) , 30 (3) (a) or 31 (3) (a) for any of the regulatory years in the primary period for which the actual capital expenditure is not known; and\n- (A) the total amount of actual capital expenditure for the priority transmission investment for any of the regulatory years as at the end of the primary period; and\n- (B) the total of the amounts by which an adjustment was made under section 19 (2) (a) or accepted and included under section 20 (3) (a) , 21 (3) (a) , 30 (3) (a) or 31 (3) (a) for any of the regulatory years in the primary period for which the actual capital expenditure is not known; and\n- (i) the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for the primary period;\n- (ii) the total of the amounts of actual capital expenditure for the priority transmission investment as at the end of the primary period; and\n- (a) must be calculated under the roll forward model in the same way as the value of other assets used to provide prescribed transmission services are rolled forward for the regulatory year; and\n- (b) must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink; and\n- (c) must have regard to the value or values applied for under section 34 (2) (c) in calculating depreciation of the value of the assets included in the regulatory asset base under the National Electricity Rules, clause 6A.6.3(a)(2)(i).","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Obligations of AER for other regulatory control periods","content":"### sec.36 Obligations of AER for other regulatory control periods\n\nThis section applies if Powerlink applies to the AER under a regulatory asset base allocation direction in relation to a regulatory control period (the relevant period ), other than a regulatory control period in relation to which section 35 applies.\nThe AER must adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year in the relevant period to include the lesser of the following amounts—\nthe total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for a regulatory year in the relevant period;\nthe total actual capital expenditure incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment as at the end of the regulatory control period (the preceding period ) immediately preceding the relevant period, less any amount of capital expenditure for which an adjustment of Powerlink’s regulatory asset base has already been made under this section or section 35 .\nIf, when the adjustment under subsection (2) is made, the total actual capital expenditure incurred for the preceding period is not known, the AER must adjust the value of Powerlink’s regulatory asset base at the beginning of the first year of the regulatory control period immediately following the relevant period to include the lesser of following amounts—\nthe total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority transmission investment stated in the application to be included in Powerlink’s regulatory asset base as at the end of the relevant period;\nthe total actual capital expenditure for the priority transmission investment as at the end of the relevant period.\nThe adjustment of the value of Powerlink’s regulatory asset base for a regulatory year under subsection (2) or (3) —\nmust be calculated under the roll forward model in the same way as the value of other assets used to provide prescribed transmission services are rolled forward for the regulatory year; and\nmust have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink; and\nmust have regard to the value or values applied for under section 34 (2) (c) in calculating depreciation of the value of the assets included in the regulatory asset base under the National Electricity Rules, clause 6A.6.3(a)(2)(i).\ns 36 ins 2024 SL No. 105 s 6\namd 2026 SL No. 20 s 10\n(sec.36-ssec.1) This section applies if Powerlink applies to the AER under a regulatory asset base allocation direction in relation to a regulatory control period (the relevant period ), other than a regulatory control period in relation to which section 35 applies.\n(sec.36-ssec.2) The AER must adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year in the relevant period to include the lesser of the following amounts— the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for a regulatory year in the relevant period; the total actual capital expenditure incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment as at the end of the regulatory control period (the preceding period ) immediately preceding the relevant period, less any amount of capital expenditure for which an adjustment of Powerlink’s regulatory asset base has already been made under this section or section 35 .\n(sec.36-ssec.3) If, when the adjustment under subsection (2) is made, the total actual capital expenditure incurred for the preceding period is not known, the AER must adjust the value of Powerlink’s regulatory asset base at the beginning of the first year of the regulatory control period immediately following the relevant period to include the lesser of following amounts— the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority transmission investment stated in the application to be included in Powerlink’s regulatory asset base as at the end of the relevant period; the total actual capital expenditure for the priority transmission investment as at the end of the relevant period.\n(sec.36-ssec.4) The adjustment of the value of Powerlink’s regulatory asset base for a regulatory year under subsection (2) or (3) — must be calculated under the roll forward model in the same way as the value of other assets used to provide prescribed transmission services are rolled forward for the regulatory year; and must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink; and must have regard to the value or values applied for under section 34 (2) (c) in calculating depreciation of the value of the assets included in the regulatory asset base under the National Electricity Rules, clause 6A.6.3(a)(2)(i).\n- (a) the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority investment stated in the application to be included in Powerlink’s regulatory asset base for a regulatory year in the relevant period;\n- (b) the total actual capital expenditure incurred or, if that amount is not known, the capital expenditure estimated to have been incurred, for the priority transmission investment as at the end of the regulatory control period (the preceding period ) immediately preceding the relevant period, less any amount of capital expenditure for which an adjustment of Powerlink’s regulatory asset base has already been made under this section or section 35 .\n- (a) the total of the directed forecast capital expenditure mentioned in section 34 (2) (a) or part of that expenditure for the priority transmission investment stated in the application to be included in Powerlink’s regulatory asset base as at the end of the relevant period;\n- (b) the total actual capital expenditure for the priority transmission investment as at the end of the relevant period.\n- (a) must be calculated under the roll forward model in the same way as the value of other assets used to provide prescribed transmission services are rolled forward for the regulatory year; and\n- (b) must have regard to the requirements of any regulatory information instrument for a regulatory control period applying to Powerlink; and\n- (c) must have regard to the value or values applied for under section 34 (2) (c) in calculating depreciation of the value of the assets included in the regulatory asset base under the National Electricity Rules, clause 6A.6.3(a)(2)(i).","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"Declarations for National Electricity Rules","content":"### sec.37 Declarations for National Electricity Rules\n\nFor the National Electricity Rules, clauses 6A.6.1(a) and S6A.2.1(f)(4) and (8), it is declared that the value of Powerlink’s regulatory asset base, as adjusted under this division, is taken to be the value of its regulatory asset base used to provide prescribed transmission services.\nFor the National Electricity Rules, clauses 6A.6.2 and 6A.6.3, it is declared that the value of Powerlink’s regulatory asset base is, in relation to the priority transmission investment, the value as adjusted under this division and division 4 .\ns 37 ins 2024 SL No. 105 s 6\n(sec.37-ssec.1) For the National Electricity Rules, clauses 6A.6.1(a) and S6A.2.1(f)(4) and (8), it is declared that the value of Powerlink’s regulatory asset base, as adjusted under this division, is taken to be the value of its regulatory asset base used to provide prescribed transmission services.\n(sec.37-ssec.2) For the National Electricity Rules, clauses 6A.6.2 and 6A.6.3, it is declared that the value of Powerlink’s regulatory asset base is, in relation to the priority transmission investment, the value as adjusted under this division and division 4 .","sortOrder":43},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Material change PTI directions","content":"## Material change PTI directions","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Material change PTI direction","content":"### sec.38 Material change PTI direction\n\nThis section applies if—\nthe responsible Ministers have given a primary PTI allowance direction and a regulatory asset base allocation direction to Powerlink in relation to a priority transmission investment; and\nthe responsible Ministers are satisfied that—\nthere is a significant change in the circumstances on which the strategic infrastructure path is based and the change is relevant to the investment; or\nthere is a significant change in the circumstances on which the optimal development path is based and the change is relevant to the investment; or\nthe actual capital expenditure for the investment is higher than the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) and all or part of the additional capital expenditure was incurred efficiently; and\nPowerlink gives the responsible Ministers written notice of the day the priority transmission investment is completed.\nIn deciding under subsection (1) (b) (iii) whether additional expenditure was incurred efficiently, the responsible Ministers must seek advice from a suitably qualified person.\nIf requested by the suitably qualified person, Powerlink must give the person any documents or information the person reasonably requires to give the advice.\nDuring the period starting on the day Powerlink gives the responsible Ministers written notice under subsection (1) (c) and ending on the day that is 18 months later, the responsible Ministers may direct Powerlink under this section.\nA direction under this section is a material change PTI direction .\nA material change PTI direction about a priority transmission investment—\nmust state a description of the investment; and\nmust state the date of completion of the investment; and\nmay direct Powerlink to apply to the AER to do any of the following—\nto adjust the value of Powerlink’s regulatory asset base for 1 or more regulatory years in 1 or more of Powerlink’s regulatory control periods to include an amount of capital expenditure for the investment stated in the application;\nto bring forward to an earlier regulatory year or defer to a later regulatory year in 1 or more of Powerlink’s regulatory control periods an amount of capital expenditure for the investment that was stated to be included in Powerlink’s regulatory asset base in an application by Powerlink under section 34 (2) ;\nto apply to the AER to attribute a stated value or values of assets comprising the priority transmission investment for inclusion in the value of Powerlink’s regulatory asset base from the beginning of each regulatory year for which expenditure is included under subparagraphs (i) and (ii) .\nFor subsection (6) (c) (i) —\nif subsection (1) (b) (iii) applies—the adjustment under subsection (6) (c) (i) must not include an amount of capital expenditure that exceeds the following—\nthe amount of actual capital expenditure that the responsible Ministers are satisfied was incurred efficiently;\nthe amount by which the actual capital expenditure exceeds the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) ; or\notherwise—the amount of capital expenditure cannot be greater than the amount of actual capital expenditure of the priority transmission investment.\ns 38 ins 2024 SL No. 105 s 6\namd 2026 SL No. 20 s 11\n(sec.38-ssec.1) This section applies if— the responsible Ministers have given a primary PTI allowance direction and a regulatory asset base allocation direction to Powerlink in relation to a priority transmission investment; and the responsible Ministers are satisfied that— there is a significant change in the circumstances on which the strategic infrastructure path is based and the change is relevant to the investment; or there is a significant change in the circumstances on which the optimal development path is based and the change is relevant to the investment; or the actual capital expenditure for the investment is higher than the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) and all or part of the additional capital expenditure was incurred efficiently; and Powerlink gives the responsible Ministers written notice of the day the priority transmission investment is completed.\n(sec.38-ssec.2) In deciding under subsection (1) (b) (iii) whether additional expenditure was incurred efficiently, the responsible Ministers must seek advice from a suitably qualified person.\n(sec.38-ssec.3) If requested by the suitably qualified person, Powerlink must give the person any documents or information the person reasonably requires to give the advice.\n(sec.38-ssec.4) During the period starting on the day Powerlink gives the responsible Ministers written notice under subsection (1) (c) and ending on the day that is 18 months later, the responsible Ministers may direct Powerlink under this section.\n(sec.38-ssec.5) A direction under this section is a material change PTI direction .\n(sec.38-ssec.6) A material change PTI direction about a priority transmission investment— must state a description of the investment; and must state the date of completion of the investment; and may direct Powerlink to apply to the AER to do any of the following— to adjust the value of Powerlink’s regulatory asset base for 1 or more regulatory years in 1 or more of Powerlink’s regulatory control periods to include an amount of capital expenditure for the investment stated in the application; to bring forward to an earlier regulatory year or defer to a later regulatory year in 1 or more of Powerlink’s regulatory control periods an amount of capital expenditure for the investment that was stated to be included in Powerlink’s regulatory asset base in an application by Powerlink under section 34 (2) ; to apply to the AER to attribute a stated value or values of assets comprising the priority transmission investment for inclusion in the value of Powerlink’s regulatory asset base from the beginning of each regulatory year for which expenditure is included under subparagraphs (i) and (ii) .\n(sec.38-ssec.7) For subsection (6) (c) (i) — if subsection (1) (b) (iii) applies—the adjustment under subsection (6) (c) (i) must not include an amount of capital expenditure that exceeds the following— the amount of actual capital expenditure that the responsible Ministers are satisfied was incurred efficiently; the amount by which the actual capital expenditure exceeds the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) ; or otherwise—the amount of capital expenditure cannot be greater than the amount of actual capital expenditure of the priority transmission investment.\n- (a) the responsible Ministers have given a primary PTI allowance direction and a regulatory asset base allocation direction to Powerlink in relation to a priority transmission investment; and\n- (b) the responsible Ministers are satisfied that— (i) there is a significant change in the circumstances on which the strategic infrastructure path is based and the change is relevant to the investment; or (ii) there is a significant change in the circumstances on which the optimal development path is based and the change is relevant to the investment; or (iii) the actual capital expenditure for the investment is higher than the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) and all or part of the additional capital expenditure was incurred efficiently; and\n- (i) there is a significant change in the circumstances on which the strategic infrastructure path is based and the change is relevant to the investment; or\n- (ii) there is a significant change in the circumstances on which the optimal development path is based and the change is relevant to the investment; or\n- (iii) the actual capital expenditure for the investment is higher than the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) and all or part of the additional capital expenditure was incurred efficiently; and\n- (c) Powerlink gives the responsible Ministers written notice of the day the priority transmission investment is completed.\n- (i) there is a significant change in the circumstances on which the strategic infrastructure path is based and the change is relevant to the investment; or\n- (ii) there is a significant change in the circumstances on which the optimal development path is based and the change is relevant to the investment; or\n- (iii) the actual capital expenditure for the investment is higher than the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) and all or part of the additional capital expenditure was incurred efficiently; and\n- (a) must state a description of the investment; and\n- (b) must state the date of completion of the investment; and\n- (c) may direct Powerlink to apply to the AER to do any of the following— (i) to adjust the value of Powerlink’s regulatory asset base for 1 or more regulatory years in 1 or more of Powerlink’s regulatory control periods to include an amount of capital expenditure for the investment stated in the application; (ii) to bring forward to an earlier regulatory year or defer to a later regulatory year in 1 or more of Powerlink’s regulatory control periods an amount of capital expenditure for the investment that was stated to be included in Powerlink’s regulatory asset base in an application by Powerlink under section 34 (2) ; (iii) to apply to the AER to attribute a stated value or values of assets comprising the priority transmission investment for inclusion in the value of Powerlink’s regulatory asset base from the beginning of each regulatory year for which expenditure is included under subparagraphs (i) and (ii) .\n- (i) to adjust the value of Powerlink’s regulatory asset base for 1 or more regulatory years in 1 or more of Powerlink’s regulatory control periods to include an amount of capital expenditure for the investment stated in the application;\n- (ii) to bring forward to an earlier regulatory year or defer to a later regulatory year in 1 or more of Powerlink’s regulatory control periods an amount of capital expenditure for the investment that was stated to be included in Powerlink’s regulatory asset base in an application by Powerlink under section 34 (2) ;\n- (iii) to apply to the AER to attribute a stated value or values of assets comprising the priority transmission investment for inclusion in the value of Powerlink’s regulatory asset base from the beginning of each regulatory year for which expenditure is included under subparagraphs (i) and (ii) .\n- (i) to adjust the value of Powerlink’s regulatory asset base for 1 or more regulatory years in 1 or more of Powerlink’s regulatory control periods to include an amount of capital expenditure for the investment stated in the application;\n- (ii) to bring forward to an earlier regulatory year or defer to a later regulatory year in 1 or more of Powerlink’s regulatory control periods an amount of capital expenditure for the investment that was stated to be included in Powerlink’s regulatory asset base in an application by Powerlink under section 34 (2) ;\n- (iii) to apply to the AER to attribute a stated value or values of assets comprising the priority transmission investment for inclusion in the value of Powerlink’s regulatory asset base from the beginning of each regulatory year for which expenditure is included under subparagraphs (i) and (ii) .\n- (a) if subsection (1) (b) (iii) applies—the adjustment under subsection (6) (c) (i) must not include an amount of capital expenditure that exceeds the following— (i) the amount of actual capital expenditure that the responsible Ministers are satisfied was incurred efficiently; (ii) the amount by which the actual capital expenditure exceeds the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) ; or\n- (i) the amount of actual capital expenditure that the responsible Ministers are satisfied was incurred efficiently;\n- (ii) the amount by which the actual capital expenditure exceeds the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) ; or\n- (b) otherwise—the amount of capital expenditure cannot be greater than the amount of actual capital expenditure of the priority transmission investment.\n- (i) the amount of actual capital expenditure that the responsible Ministers are satisfied was incurred efficiently;\n- (ii) the amount by which the actual capital expenditure exceeds the directed forecast capital expenditure stated in the primary PTI allowance direction under section 34 (2) (a) ; or","sortOrder":45},{"sectionNumber":"sec.39","sectionType":"section","heading":"Obligations of AER for material change PTI direction","content":"### sec.39 Obligations of AER for material change PTI direction\n\nIf Powerlink applies to the AER under a direction given under section 38 (6) (c) (i) , the AER must adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year stated in the application to include the amount of capital expenditure for the priority transmission investment stated in the application.\nIf Powerlink applies to the AER under a direction given under section 38 (6) (c) (ii) , the AER must change each regulatory year during which an amount of capital expenditure for the priority transmission investment is to be included in the value of Powerlink’s regulatory asset base in accordance with the application.\nAlso, if Powerlink applies to the AER under a material change PTI direction, the AER must—\namend Powerlink’s revenue determination for the regulatory control period during which the direction is given, to reflect the effect of an adjustment made under subsection (1) or (2) on the following—\nPowerlink’s maximum allowed revenue for the regulatory control period;\nthe X factors for the regulatory control period; and\nin making a revenue determination for Powerlink for each subsequent regulatory control period stated in the application, ensure the effect of an adjustment made under subsection (1) or (2) on the following is reflected for each subsequent regulatory control period—\nPowerlink’s maximum allowed revenue;\nthe X factor.\nIf the value of Powerlink’s regulatory asset base is adjusted or changed for a regulatory year under a direction given under section 38 (6) (c) , the value of the regulatory asset base for the regulatory year must be calculated under the post-tax revenue model in the same way as the value of other assets used to provide prescribed transmission services are calculated for the regulatory year.\ns 39 ins 2024 SL No. 105 s 6\n(sec.39-ssec.1) If Powerlink applies to the AER under a direction given under section 38 (6) (c) (i) , the AER must adjust the value of Powerlink’s regulatory asset base at the beginning of each regulatory year stated in the application to include the amount of capital expenditure for the priority transmission investment stated in the application.\n(sec.39-ssec.2) If Powerlink applies to the AER under a direction given under section 38 (6) (c) (ii) , the AER must change each regulatory year during which an amount of capital expenditure for the priority transmission investment is to be included in the value of Powerlink’s regulatory asset base in accordance with the application.\n(sec.39-ssec.3) Also, if Powerlink applies to the AER under a material change PTI direction, the AER must— amend Powerlink’s revenue determination for the regulatory control period during which the direction is given, to reflect the effect of an adjustment made under subsection (1) or (2) on the following— Powerlink’s maximum allowed revenue for the regulatory control period; the X factors for the regulatory control period; and in making a revenue determination for Powerlink for each subsequent regulatory control period stated in the application, ensure the effect of an adjustment made under subsection (1) or (2) on the following is reflected for each subsequent regulatory control period— Powerlink’s maximum allowed revenue; the X factor.\n(sec.39-ssec.4) If the value of Powerlink’s regulatory asset base is adjusted or changed for a regulatory year under a direction given under section 38 (6) (c) , the value of the regulatory asset base for the regulatory year must be calculated under the post-tax revenue model in the same way as the value of other assets used to provide prescribed transmission services are calculated for the regulatory year.\n- (a) amend Powerlink’s revenue determination for the regulatory control period during which the direction is given, to reflect the effect of an adjustment made under subsection (1) or (2) on the following— (i) Powerlink’s maximum allowed revenue for the regulatory control period; (ii) the X factors for the regulatory control period; and\n- (i) Powerlink’s maximum allowed revenue for the regulatory control period;\n- (ii) the X factors for the regulatory control period; and\n- (b) in making a revenue determination for Powerlink for each subsequent regulatory control period stated in the application, ensure the effect of an adjustment made under subsection (1) or (2) on the following is reflected for each subsequent regulatory control period— (i) Powerlink’s maximum allowed revenue; (ii) the X factor.\n- (i) Powerlink’s maximum allowed revenue;\n- (ii) the X factor.\n- (i) Powerlink’s maximum allowed revenue for the regulatory control period;\n- (ii) the X factors for the regulatory control period; and\n- (i) Powerlink’s maximum allowed revenue;\n- (ii) the X factor.","sortOrder":46},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Transmission and distribution assets for public ownership targets— Act , s 13","content":"### sec.40 Transmission and distribution assets for public ownership targets— Act , s 13\n\nFor section 13 (4) of the Act , definition transmission and distribution assets , the distribution system under the National Electricity Rules that is owned, controlled or operated by Essential Energy, ABN 37 428 185 226, is excluded from that definition to the extent the system is the subject of the relevant special approval.\nIn this section—\nrelevant special approval means special approval no. SAO1/11 given under the Electricity Act 1994 , section 210 .\ns 40 ins 2024 SL No. 105 s 6\namd 2026 SL No. 20 s 12\n(sec.40-ssec.1) For section 13 (4) of the Act , definition transmission and distribution assets , the distribution system under the National Electricity Rules that is owned, controlled or operated by Essential Energy, ABN 37 428 185 226, is excluded from that definition to the extent the system is the subject of the relevant special approval.\n(sec.40-ssec.2) In this section— relevant special approval means special approval no. SAO1/11 given under the Electricity Act 1994 , section 210 .","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 ins 2024 SL No. 105 s 6\nom 2025 Act No. 30 s 72","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Application of transmission ring-fencing rule— Act , s 170A","content":"### sec.42 Application of transmission ring-fencing rule— Act , s 170A\n\nFor section 170A of the Act , the transmission ring-fencing rule applies to Powerlink with the modifications stated in this section.\nA provision of the current guidelines stated in column 1 of the following table (the current provision ) does not apply to Powerlink, and a provision of the former guidelines stated in column 2 of the table opposite the current provision applies in place of the current provision—\nColumn 1\nColumn 2\nCurrent provisions\nProvisions of former guidelines applying in place of current provisions\nclause 3.1(a), (b), (d) and (e)\nclause 7.1\nclause 4.1\nclause 7.2\nclause 4.2\nclause 7.6\nclause 4.3\nclauses 7.7, 7.8 and 7.9\nFor applying a provision of the former guidelines mentioned in subsection (2) , table, column 2 to Powerlink under this section—\na term used in the provision has the meaning given under clause 4 of the former guidelines; and\nthe AER may waive any of Powerlink’s obligations under the provision as provided under clause 11 of the former guidelines.\nClause 4.4.1 of the current guidelines applies in relation to Powerlink as if—\na reference in clause 4.4.1(a) to clauses 4.1, 4.2.1 and 4.3 of the current guidelines were a reference to clauses 7.2, 7.6 and 7.7 of the former guidelines; and\na reference in clause 4.4.1(b) to clause 4 of the current guidelines were a reference to the clauses of the former guidelines mentioned in paragraph (a) .\nClause 6 of the current guidelines applies in relation to Powerlink as if—\nthe current guidelines included a requirement to comply with a provision of the former guidelines mentioned in subsection (2) , table, column 2; and\nthe current guidelines did not include a requirement to comply with a provision mentioned in subsection (2) , table, column 1.\nIn this section—\ncurrent guidelines means version 5 of the ‘Transmission ring-fencing guidelines’, dated 24 February 2025, made under the National Electricity Rules, rule 6A .21.\nformer guidelines means version 3 of the ‘Transmission ring-fencing guidelines’, dated 6 July 2022, made under the National Electricity Rules, rule 6A .21.\ns 42 ins 2024 SL No. 217 s 4\nsub 2025 SL No. 107 s 4\n(sec.42-ssec.1) For section 170A of the Act , the transmission ring-fencing rule applies to Powerlink with the modifications stated in this section.\n(sec.42-ssec.2) A provision of the current guidelines stated in column 1 of the following table (the current provision ) does not apply to Powerlink, and a provision of the former guidelines stated in column 2 of the table opposite the current provision applies in place of the current provision— Column 1 Column 2 Current provisions Provisions of former guidelines applying in place of current provisions clause 3.1(a), (b), (d) and (e) clause 7.1 clause 4.1 clause 7.2 clause 4.2 clause 7.6 clause 4.3 clauses 7.7, 7.8 and 7.9\n(sec.42-ssec.3) For applying a provision of the former guidelines mentioned in subsection (2) , table, column 2 to Powerlink under this section— a term used in the provision has the meaning given under clause 4 of the former guidelines; and the AER may waive any of Powerlink’s obligations under the provision as provided under clause 11 of the former guidelines.\n(sec.42-ssec.4) Clause 4.4.1 of the current guidelines applies in relation to Powerlink as if— a reference in clause 4.4.1(a) to clauses 4.1, 4.2.1 and 4.3 of the current guidelines were a reference to clauses 7.2, 7.6 and 7.7 of the former guidelines; and a reference in clause 4.4.1(b) to clause 4 of the current guidelines were a reference to the clauses of the former guidelines mentioned in paragraph (a) .\n(sec.42-ssec.5) Clause 6 of the current guidelines applies in relation to Powerlink as if— the current guidelines included a requirement to comply with a provision of the former guidelines mentioned in subsection (2) , table, column 2; and the current guidelines did not include a requirement to comply with a provision mentioned in subsection (2) , table, column 1.\n(sec.42-ssec.6) In this section— current guidelines means version 5 of the ‘Transmission ring-fencing guidelines’, dated 24 February 2025, made under the National Electricity Rules, rule 6A .21. former guidelines means version 3 of the ‘Transmission ring-fencing guidelines’, dated 6 July 2022, made under the National Electricity Rules, rule 6A .21.\n- (a) a term used in the provision has the meaning given under clause 4 of the former guidelines; and\n- (b) the AER may waive any of Powerlink’s obligations under the provision as provided under clause 11 of the former guidelines.\n- (a) a reference in clause 4.4.1(a) to clauses 4.1, 4.2.1 and 4.3 of the current guidelines were a reference to clauses 7.2, 7.6 and 7.7 of the former guidelines; and\n- (b) a reference in clause 4.4.1(b) to clause 4 of the current guidelines were a reference to the clauses of the former guidelines mentioned in paragraph (a) .\n- (a) the current guidelines included a requirement to comply with a provision of the former guidelines mentioned in subsection (2) , table, column 2; and\n- (b) the current guidelines did not include a requirement to comply with a provision mentioned in subsection (2) , table, column 1.","sortOrder":50}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation appears to have significantly expanded from its original scope. The title suggests infrastructure facilitation focused on energy transmission projects, but the regulation now also encompasses a comprehensive worker transition support scheme (the Job Security Guarantee Fund in Part 2) covering coal mine workers at Kogan Creek Mine and Meandu Mine. The multiple amendment instruments (2024 SL No. 105 inserting most substantive provisions, 2024 SL No. 217, 2025 Act No. 30, and 2026 SL No. 20) indicate the regulation's content has grown substantially since first enacted, with the worker support provisions being added via subordinate legislation rather than being part of the original design. The combination of worker welfare provisions and complex financial regulatory mechanisms in a single instrument suggests scope has broadened beyond a purely technical infrastructure facilitation regulation."},"complexity_factors":["Dual subject matter requiring expertise in both employment/worker transition policy and highly technical energy network economic regulation","Intricate multi-period financial adjustment mechanisms spanning up to three consecutive 5-year regulatory control periods with forward and backward adjustments between periods","Heavy cross-referencing between this regulation and its parent Act (Energy (Infrastructure Facilitation) Act), the National Electricity Rules, the National Electricity (Queensland) Law, the Public Sector Act 2022, the Electricity Act 1994, and federal vocational training legislation","Specialised energy regulatory concepts requiring sector knowledge (regulatory asset base, post-tax revenue model, capital expenditure sharing scheme, efficiency benefit sharing scheme, X factor, annual building block revenue requirement, maximum allowed revenue)","Multiple distinct categories of affected persons (affected energy GOC workers, prescribed energy workers, affected energy contractors, relevant prescribed energy workers) each with different eligibility thresholds and entitlements","Conditional logic with tiered eligibility — the 80%/36-month vs 100%/24-month work threshold tests create parallel qualifying pathways","The regulation modifies how the National Electricity Rules apply to Powerlink, creating a bespoke regulatory overlay on top of a complex national framework","Has been amended multiple times since enactment (2024 SL No. 105, 2024 SL No. 217, 2025 Act No. 30, 2026 SL No. 20), creating layered versions and transitional provisions (e.g. 'former section 9(e)')","Content was truncated — the full regulation includes schedules modifying National Electricity Rules clauses, adding further technical complexity not fully visible in this excerpt","Involves interplay between state and national regulatory frameworks (Queensland legislation directing outcomes in the AER's national regulatory process)"],"plain_english_summary":"This regulation creates a Job Security Guarantee Fund to support workers and eligible contractors affected by the wind-down of Queensland’s government-owned coal-fired power stations and associated mines (notably Kogan Creek and Meandu), funding counselling, skills training, relocation and transition or retention payments (with caps for contractors and uncapped support for direct GOC employees).\n\nIt also fast-tracks major electricity transmission investments by requiring the AER to incorporate government-directed Powerlink projects and adjustment mechanisms into Powerlink’s regulated revenue so costs are recovered through network charges."},"kimi_summary":{"_metrics":{"completionTokens":796},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope of facilitating energy infrastructure investment and supporting affected workers. The detailed financial mechanisms in Parts 3-4, while complex, directly implement the Act's framework for priority transmission investments. The 2025 and 2026 amendments appear to be technical refinements rather than scope expansion."},"complexity_factors":["Extensive cross-referencing to the National Electricity Rules, National Electricity (Queensland) Law, and multiple other statutes","Nested conditional logic for worker eligibility (80%/36 month OR 100%/24 month thresholds)","Multi-layered regulatory periods (first, second, third periods) with different rules for each","Complex financial mechanisms: post-tax revenue model, roll forward model, capital expenditure sharing scheme, efficiency benefit sharing scheme","Multiple direction types (primary PTI allowance, regulatory asset base allocation, material change PTI) with interlocking requirements","Detailed formulae for calculating adjustments (e.g., 'first period adjustment = directed PTI expenditure amount minus actual PTI expenditure amount')","Substantial defined terms section with 15+ specialised definitions","Amendment history showing multiple amending instruments (2024 SL No. 105, 217; 2025 Act No. 30, SL No. 107; 2026 SL No. 20)","Table-based substitution of guideline provisions in section 42","18-month time limits for material change directions"],"plain_english_summary":"This regulation does two main things under Queensland's Energy (Infrastructure Facilitation) Act 2024.\n\n**Part 2: Job Security Guarantee Fund**\n\nThis establishes a financial safety net for workers affected by the closure of publicly owned coal-fired power stations. The fund pays for:\n- **Personalised support services** — mental health support, career planning, mentoring, job-seeking help\n- **Skills support** — training and qualifications (up to $15,000 per worker for some categories)\n- **Relocation support** — moving costs for workers and families (up to $8,000 for some categories)\n- **Worker mobility support** — short-term work placements to gain experience\n- **Sector transition support** — financial incentives to move to a different industry\n- **Retention payments** — keeping workers on during transition periods\n\nWho gets what depends on their employment status:\n- **Government-owned corporation (GOC) workers** get full support\n- **Contractors and certain other workers** get co-funded support (meaning they or their employer also contribute)\n\nThe regulation specifically names **Kogan Creek Mine** and **Meandu Mine** as covered facilities. To qualify, workers must have spent either 80% of their time over 36 months, or 100% over 24 months, working at these facilities.\n\n**Part 3 & 4: Priority Transmission Investments**\n\nThese sections create a complex financial framework for major electricity transmission projects (like new power lines). The key mechanism is the **\"primary PTI allowance direction\"** — when the government directs Powerlink (the state transmission company) to build priority infrastructure, this triggers:\n- Special revenue determinations by the Australian Energy Regulator (AER)\n- Adjustments to Powerlink's **regulatory asset base** (the value of assets used to calculate what customers pay)\n- Modified rules for how costs are recovered across multiple regulatory periods\n\nThe regulation also allows **\"material change PTI directions\"** if project costs blow out or circumstances change significantly, letting the government direct adjustments to recover additional efficient costs.\n\n**Part 5: Miscellaneous**\n- Excludes Essential Energy's distribution system from public ownership targets\n- Modifies transmission \"ring-fencing\" rules for Powerlink, substituting older guideline provisions for newer ones"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has been amended since initial insertion: later amendments (noted in the instrument) add or refine definitions, introduce co‑funding caps and eligibility conditions for fund payments (section 5 amendments), expand timing/definition provisions for PTI directions (sections 12, 18) and add procedural and ministerial adjustment powers for material changes (section 38). These amendments broaden the regulation’s operational reach and increase administrative and compliance detail for Powerlink, the AER and fund recipients."},"complexity_factors":["Interlocking regimes: extensive cross‑references to the main Act, National Electricity Rules and AER guidelines (e.g. sections require use of post‑tax revenue model and roll forward model).","Temporal allocation rules across multiple regulatory control periods (first/second/third period mechanics and carry‑forward adjustments).","High ministerial discretion: responsible Ministers can issue primary and material change PTI directions that require Powerlink to include directed forecasts even if they do not meet standard expenditure objectives (see sections 15, 28, 38).","Mandatory AER actions with constrained discretion: AER must publish, adjust and accept specified forecast amounts and regulatory asset base changes (see sections 19–21, 30–31, 35–36, 39).","Detailed eligibility and caps for fund payments (co‑funding caps, relocation and skills caps, and exclusions where entitlements already exist) increasing administrative complexity (see section 5).","Reporting and compliance burdens: recipient reporting deadlines, penalties and guideline dependencies (see section 7 and cross links to section 91).","Procedural safeguards that require external advice and evidentiary obligations for efficiency assessments when considering additional capital expenditure (see section 38).","Modifications to ring‑fencing and exclusions for specific assets require careful interpretation against current and former guideline versions (see section 42) and an exclusion for a particular distributor (section 40)."],"plain_english_summary":"This regulation sets rules for two things: payments from a Job Security Guarantee Fund for workers tied to certain publicly owned coal facilities (what costs are eligible, how work history is measured, and reporting obligations), and a framework for how Ministers, Powerlink and the AER must treat “priority transmission investments” (how Powerlink must include directed forecasts, and how the AER must adjust revenue determinations and the regulatory asset base). The state (via Ministers and the fund) decides allowances; Powerlink must comply; the AER must accept or adjust revenue outcomes to reflect directed investments."}},"importantCases":[],"_links":{"self":"/api/acts/energy-infrastructure-facilitation-regulation-2024","history":"/api/acts/energy-infrastructure-facilitation-regulation-2024/history","analysis":"/api/acts/energy-infrastructure-facilitation-regulation-2024/analysis","conflicts":"/api/acts/energy-infrastructure-facilitation-regulation-2024/conflicts","importantCases":"/api/acts/energy-infrastructure-facilitation-regulation-2024/important-cases","documents":"/api/acts/energy-infrastructure-facilitation-regulation-2024/documents"}}