54Pre‑existing capacity

54 Pre‑existing capacity

(1) In this section:

pre‑existing capacity means capacity that came into existence before the commencement of this Act.

(2) The Minister may, by legislative instrument, declare that this Act applies to the pre‑existing capacity specified in the instrument as if, immediately after the commencement of this Act, the Commission had made a determination in the terms set out in the instrument. (3) Subject to subsection (5), this Act (other than section 7 and Division 1 of Part 3) has effect in relation to that capacity as if the Commission had made a determination accordingly. (4) The terms set out in the instrument as the terms and conditions of the determination: (a) subject to subsection (5), may include a statement to the effect that the determination is an interim determination; and (b) must specify as the period during which the determination is to be in force: (i) if the determination is an interim determination—the period of 3 years starting on 1 July 1992; or (ii) if the determination is not an interim determination—the period of 5 years starting on 1 July 1992. (5) A statement may not be included under paragraph (4)(a) in relation to capacity in relation to which operational decisions were in force on 26 February 1992.