sch.3-sec.3Current Code change and derogation proposals to be dealt with under this Law

sch.3-sec.3 Current Code change and derogation proposals to be dealt with under this Law

In this clause— current Code change proposal means a proposed change to the National Electricity Code— that is not a derogation; and that NECA has not adopted and implemented in accordance with the National Electricity Code as at the commencement day; current Code derogation proposal means an application for a derogation, or request for an extension of the period for which a derogation has been granted, that NECA has not granted in accordance with the National Electricity Code as at the commencement day; derogation has the same meaning as in Chapter 10 of the National Electricity Code; interested party means— a Code participant; or a person who is an interested party within the meaning of the National Electricity Code; relevant Code change step means a requirement under the National Electricity Code that must be complied with for the purpose of— making a change to the National Electricity Code; or making a derogation or extending the period for which a derogation has been granted; relevant Rule-making step means a requirement under a provision of Part 7 of this Law that the AEMC must comply with in the making of a Rule under that Part. Subject to this clause, on the commencement day every current Code change proposal is to be taken to be a request for the making of a Rule under Part 7 of this Law and may be made by the AEMC in accordance with that Part. Subject to this clause, on the commencement day every current Code derogation proposal is to be taken to be a request for the making of a participant derogation under Part 7 of this Law and may be made by the AEMC in accordance with that Part. The AEMC may decide to dispense, or not comply, with a relevant Rule-making step in respect of a current Code change proposal or current Code derogation proposal if it is of the opinion that the relevant Rule-making step duplicates or is consistent with a relevant Code change step that has already been taken under the National Electricity Code. On making a decision under subclause (4), the AEMC must publish a notice of that decision— in a newspaper circulating generally throughout Australia; and on its website. A person aggrieved by a decision of the AEMC under subclause (4) may apply to the Court under section 70 for judicial review of the decision. (sch.3-sec.3-ssec.1) In this clause— current Code change proposal means a proposed change to the National Electricity Code— that is not a derogation; and that NECA has not adopted and implemented in accordance with the National Electricity Code as at the commencement day; current Code derogation proposal means an application for a derogation, or request for an extension of the period for which a derogation has been granted, that NECA has not granted in accordance with the National Electricity Code as at the commencement day; derogation has the same meaning as in Chapter 10 of the National Electricity Code; interested party means— a Code participant; or a person who is an interested party within the meaning of the National Electricity Code; relevant Code change step means a requirement under the National Electricity Code that must be complied with for the purpose of— making a change to the National Electricity Code; or making a derogation or extending the period for which a derogation has been granted; relevant Rule-making step means a requirement under a provision of Part 7 of this Law that the AEMC must comply with in the making of a Rule under that Part. (sch.3-sec.3-ssec.2) Subject to this clause, on the commencement day every current Code change proposal is to be taken to be a request for the making of a Rule under Part 7 of this Law and may be made by the AEMC in accordance with that Part. (sch.3-sec.3-ssec.3) Subject to this clause, on the commencement day every current Code derogation proposal is to be taken to be a request for the making of a participant derogation under Part 7 of this Law and may be made by the AEMC in accordance with that Part. (sch.3-sec.3-ssec.4) The AEMC may decide to dispense, or not comply, with a relevant Rule-making step in respect of a current Code change proposal or current Code derogation proposal if it is of the opinion that the relevant Rule-making step duplicates or is consistent with a relevant Code change step that has already been taken under the National Electricity Code. (sch.3-sec.3-ssec.5) On making a decision under subclause (4), the AEMC must publish a notice of that decision— in a newspaper circulating generally throughout Australia; and on its website. A person aggrieved by a decision of the AEMC under subclause (4) may apply to the Court under section 70 for judicial review of the decision.