21Transfer of network infrastructure—the Act, ss 38(10)(a) and 42

21 Transfer of network infrastructure—the Act, ss 38(10)(a) and 42

21 Transfer of network infrastructure—the Act, ss 38(10)(a) and 42

(1) A person (the transferee) to whom network infrastructure is transferred is taken to be a network operator to whom the Act, Part 5, Division 3 applies if—

(a) a network operator is subject to an authorisation in relation to network infrastructure, and

(b) all or part of the network infrastructure to which the authorisation relates is transferred from the network operator (the transferor), and

(c) the authorisation provider approves the transferee being taken to be a network operator to whom the Act, Part 5, Division 3 applies—

(i) for all of the network infrastructure, or

(ii) for the part of the network infrastructure transferred.

(2) If the Energy Corporation is the infrastructure planner in relation to the transferred network infrastructure—

(a) the Energy Corporation may make a recommendation to the authorisation provider in relation to whether to give approval under subclause (1)(c), and

(b) the authorisation provider must consider the Energy Corporation’s recommendation before giving approval.

(3) If all of the network infrastructure is transferred to the transferee, a revenue determination that, immediately before the approval, applied to the transferor, is taken to apply to the transferee on the approval of the authorisation provider.

(3A) If part of the network infrastructure is transferred to the transferee, the regulator must, on the approval of the authorisation provider—

(a) make a revenue determination in relation to the transferee and the transferred network infrastructure, or

(b) if satisfied the making of a revenue determination is not required in the circumstances—carry out an adjustment of, or review and remake, another revenue determination that applies to the transferee in accordance with clause 54AA(3).

(3B) Despite subclause (3), if an adjustment is carried out of a revenue determination that applied to the transferor before a transfer—

(a) the transferor is required to pay any amount payable to the scheme financial vehicle relating to the period before the transfer, and