8Renewal of determinations

8 Renewal of determinations

(1) The Commission may, at any time while a determination is in force, make a fresh determination allocating the capacity to which the original determination relates. (2) The fresh determination: (a) must make the same allocation of capacity as the original determination unless: (i) the Commission is satisfied that that allocation is no longer of benefit to the public; or (ii) the original determination is an interim determination; and (b) comes into force immediately after the end of the period during which the original determination was in force. (3) If the fresh determination does not make the same allocation of capacity as the original determination, it must not make a different allocation of capacity unless the Commission is satisfied that that allocation would be of benefit to the public. (4) In assessing the benefit to the public of an allocation of capacity, the Commission must apply the criteria set out for that purpose in any policy statements made by the Minister under section 11.

Note: Division 2 of Part 3 is about renewing determinations. Part 4 is about the Commission’s procedure.