54AAReview and remake or adjustment of determinations for transfers—the Act, ss 38(10)(f), 40 and 42

54AA Review and remake or adjustment of determinations for transfers—the Act, ss 38(10)(f), 40 and 42

54AA Review and remake or adjustment of determinations for transfers—the Act, ss 38(10)(f), 40 and 42

(1) This clause applies if the transfer of part of network infrastructure to which an authorisation relates is approved under clause 21(1)(c)(ii).

(2) The regulator must, as soon as practicable—

(a) review and remake the revenue determination that applies to the transferor, or

(b) carry out an adjustment of the revenue determination if—

(i) the determination includes provision for the adjustment of amounts included in the determination in circumstances where part of the network infrastructure is transferred by the network operator, and

(ii) the regulator is satisfied reviewing and remaking the determination is not required in the circumstances.

(3) If the regulator does not make a revenue determination in accordance with clause 21(3A)(a), the regulator must, as soon as practicable—

(a) review and remake another revenue determination that applies to the transferee, or

(b) carry out an adjustment of another revenue determination that applies to the transferee if—

(i) the determination includes provision for the adjustment of amounts included in the determination in circumstances where network infrastructure is transferred to the transferee, and

(ii) the regulator is satisfied reviewing and remaking the determination is not required in the circumstances.

(4) Before reviewing and remaking a revenue determination under this clause, the regulator must consult the following—

(a) if the determination is to be reviewed and remade under—

(i) subclause (2)(a)—the transferor, or

(ii) subclause (3)(a)—the transferee,

(b) the consumer trustee,

(c) the infrastructure planner,

(d) other persons the regulator considers appropriate.

cl 54AA: Ins 2024 (627), Sch 1[12].