16EApplication of NEL provisions after the Victorian distribution pricing determination end date

16E Application of NEL provisions after the Victorian distribution pricing determination end date (1) Despite section 6, after the Victorian distribution pricing determination end date— (a) unless the context otherwise requires, a reference in the NEL to "the Law" or "this Law" is to be read as including a reference to an Order under section 16C; (b) a reference in the NEL to a function or power of the AER (including, but not limited to, an AER economic regulatory function or power) is to be read as including a reference to a function or power conferred or a duty imposed on the AER under section 16D; (c) section 14B of the NEL is to be read as if after "that operator" there were inserted "and an f‑factor scheme determination and an f‑factor amount determination that applies to that operator"; (d) sections 28F(1), 28ZC and 28ZD of the NEL are to be read as if after every reference in those sections to "or the Rules" there were inserted "or an Order under section 16C under the **National Electricity (Victoria) Act 2005**"; (e) Division 6 of Part 3 of the NEL is to be read as if after every reference in that Division to "or the Rules" there were inserted "or an Order under section 16C under the **National Electricity (Victoria) Act 2005**"; (f) section 28F(3)(d) of the NEL is to be read as if after "performance report" there were inserted ", other than a service provider performance report relating to a Distribution Network Service Provider's compliance with an f‑factor scheme determination or f‑factor amount determination"; (g) section 28V(2)(a) of the NEL is to be read as if after subparagraph (iii) there were inserted— "(iv) complying with an f‑factor scheme determination and an f‑factor amount determination; and". (2) Despite section 6, on and after the date the first Order made under section 16C comes into effect, the National Electricity Rules have the force of law in Victoria as if— (a) after rule 6.13 of the Rules there were inserted— "**6.13A Variations to distribution determinations for purpose of f‑factor scheme determinations** (a) Despite anything to the contrary in these *Rules* and subject to this rule, the *AER* may, as a consequence of the making of an f-factor scheme determination (within the meaning of section 13 of the **National Electricity (Victoria) Act 2005**), vary a distribution determination during the course of the *regulatory control period*. (b) The *AER* must not vary a distribution determination under this rule unless the *AER* has complied with any consultation procedures specified in an Order under section 16C of the **National Electricity (Victoria) Act 2005**. (c) Once the *AER* has made a decision under this rule varying a distribution determination, the *AER* cannot make another decision under this rule to vary that distribution determination. (d) Despite anything to the contrary in these *Rules*, the *AER*, in varying a distribution determination under this rule, is not required to follow any process specified in the *Rules* in relation to the making of a distribution determination. (e) To avoid doubt— (1) a decision of the *AER* to vary a distribution determination under this rule is taken not to be a reviewable regulatory decision (within the meaning of section 71A of the *National Electricity Law*); and (2) a distribution determination (as varied by the AER under this rule) is not by reason only of that variation taken to be a reviewable regulatory decision (within the meaning of section 71A of the *National Electricity Law*)."; and (b) after paragraph (d) of the definition of **pass through event** in Chapter 10 of the Rules there were inserted— "(e) an f‑factor amount determination (within the meaning of section 13 of the **National Electricity (Victoria) Act** **2005**).". S. 16F inserted by No. 55/2010 s. 42.