sch.3-sec.40Application of national electricity objective to particular matters in progress on start day

sch.3-sec.40 Application of national electricity objective to particular matters in progress on start day

This clause applies if— before the start day, a person or body had started, or was required or permitted to start, doing a thing under this Law; and on the start day— the person or body has not finished doing the thing; or the period within which the thing is required or permitted to be done has not ended; and in doing the thing the person or body is required to consider or apply the national electricity objective by, for example— having regard to the national electricity objective; or doing the thing in a manner that will or is likely to contribute to the achievement of the national electricity objective. The national electricity objective as in force before the commencement of this clause, and as continued under clause 39 until the start day, continues to apply in relation to the doing of the thing. However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing. For subclause (1), the following matters are taken not to have been started, or required or permitted to have been started, before the start day: the making of a revenue determination under the Rules for a network service provider if, on the start day— for a transmission network service provider under the Rules—a revenue proposal has not yet been submitted under clause 6A.10.1(a) of the Rules; or for a distribution network service provider under the Rules—a regulatory proposal has not yet been submitted under clause 6.8.2(a) of the Rules; the application of the regulatory investment test for transmission to an RIT-T project under the Rules, if a project assessment draft report for the RIT-T project has not yet been made available by the RIT-T proponent under clause 5.16.4(j) of the Rules or published under clause 5.16A.4(c) of the Rules before the start day; the application of the regulatory investment test for distribution to an RIT-D project under the Rules, if a draft project assessment report for the RIT-D project has not yet been published by the proponent under clause 5.17.4(i) of the Rules before the start day. sch 3 s 40 ins 2023 No. 26 (SA) s 8 (sch.3-sec.40-ssec.1) This clause applies if— before the start day, a person or body had started, or was required or permitted to start, doing a thing under this Law; and on the start day— the person or body has not finished doing the thing; or the period within which the thing is required or permitted to be done has not ended; and in doing the thing the person or body is required to consider or apply the national electricity objective by, for example— having regard to the national electricity objective; or doing the thing in a manner that will or is likely to contribute to the achievement of the national electricity objective. (sch.3-sec.40-ssec.2) The national electricity objective as in force before the commencement of this clause, and as continued under clause 39 until the start day, continues to apply in relation to the doing of the thing. (sch.3-sec.40-ssec.3) However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing. (sch.3-sec.40-ssec.4) For subclause (1), the following matters are taken not to have been started, or required or permitted to have been started, before the start day: the making of a revenue determination under the Rules for a network service provider if, on the start day— for a transmission network service provider under the Rules—a revenue proposal has not yet been submitted under clause 6A.10.1(a) of the Rules; or for a distribution network service provider under the Rules—a regulatory proposal has not yet been submitted under clause 6.8.2(a) of the Rules; the application of the regulatory investment test for transmission to an RIT-T project under the Rules, if a project assessment draft report for the RIT-T project has not yet been made available by the RIT-T proponent under clause 5.16.4(j) of the Rules or published under clause 5.16A.4(c) of the Rules before the start day; the application of the regulatory investment test for distribution to an RIT-D project under the Rules, if a draft project assessment report for the RIT-D project has not yet been published by the proponent under clause 5.17.4(i) of the Rules before the start day.