11Policy statements

11 Policy statements

(1) The Minister may, by legislative instrument, make policy statements about the way in which the Commission is to perform its functions. (2) In particular, the policy statements may set out: (a) the criteria to be applied by the Commission in assessing the benefit to the public of allocations of capacity; and (b) how the Commission is to fix the periods during which determinations are to be in force; and (c) matters relating to the Commission’s consideration of whether determinations should be interim determinations; and (d) matters relating to the inclusion of conditions in determinations and the variation or revocation of such conditions. (3) Without limiting the criteria that, under paragraph (2)(a), may be set out in the policy statements, the policy statements may set out: (a) criteria that relate to the matters referred to in section 3; and (b) criteria that apply in relation to particular circumstances, including where: (i) capacity is not limited under bilateral arrangements; or (ii) only one application has been made for the allocation of capacity; or (iii) no submissions are received opposing allocation of capacity to an applicant; or (iv) an application for the allocation of capacity is opposed on particular grounds. (4) A policy statement: (a) must not deal with the making of a particular determination or decision by the Commission; and (b) is invalid to the extent that it purports to deal with such a matter.