43AInvalid rate of return instrument

43A Invalid rate of return instrument

43A Invalid rate of return instrument

(1) This clause applies if the Court orders (by declaration or otherwise) that a rate of return instrument is invalid.

(2) The AER must make a new rate of return instrument under this Law to replace the invalid instrument.

(3) Until the invalid instrument is replaced, the rate of return on capital and the value of imputation credits under the invalid instrument continue to apply for the purposes of this Law.

(4) However, the AER must deal with any affected determination to apply the new rate of return instrument to the determination as if the new instrument had applied from the start of the determination.

(5) Subclause (4) applies despite section 18V(1).

(6) In this clause—

affected determination means a distribution determination or transmission determination to which the invalid instrument applied or continued to apply;

deal with, an affected determination, means to do either of the following the AER considers appropriate in the circumstances—

(a) revoke the determination and substitute a new determination;

(b) vary the determination.