78ADuration of determinations

#### 78A Duration of determinations (1) A participating percentage determination comes into force on the day specified in the determination as the day on which the determination is to come into force (the start day). (2) If the participating percentage determination is the first participating percentage determination for a joint venture in relation to a facility, the start day must be the day on which the declaration under section 70 in relation to the joint venture comes into force. (3) If subsection (2) does not apply in relation to the participating percentage determination, the start day may be earlier than the day on which the determination is made, so long as: (a) the start day occurs in the same financial year as the day on which the determination is made; and (b) if the determination was made in response to an application—each of the following has consented to the specification of the start day: (i) the applicants; (ii) the relevant operator of the facility to which the determination relates. (4) If subsection (2) does not apply in relation to the participating percentage determination, the start day may be later than the day on which the determination is made, so long as: (a) the start day occurs in: (i) the same financial year as the day on which the determination is made; or (ii) the next financial year; and (b) if the determination was made in response to an application—each of the following has consented to the specification of the start day: (i) the applicants; (ii) the relevant operator of the facility to which the determination relates. (5) A participating percentage determination remains in force indefinitely. (6) Subsection (5) has effect subject to this Division.