sch.3-sec.31Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law

sch.3-sec.31 Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law

Despite anything to the contrary in this Law, the definition of reviewable regulatory decision in section 244 is deemed, during the relevant transition period, to include decisions of the AER— that disallow a variation proposed by a service provider of a Reference Tariff contained in a transitioned access arrangement; or to make the AER’s own variation of a Reference Tariff in respect of a transitioned access arrangement— on disallowing a variation proposed by a service provider; or because a service provider fails to submit such a variation as required. In this clause— new scheme revisions commencement date means the date revisions approved or made to a transitioned access arrangement under this Law and the Rules take effect following the first review of that access arrangement under this Law and the Rules after the commencement day; Reference Tariff has the same meaning as in the Gas Code immediately before its repeal; relevant transition period means the period— commencing on the commencement day; and ending on the day after the day that is 15 business days after the first new scheme revisions commencement date. See also clause 30. (sch.3-sec.31-ssec.1) Despite anything to the contrary in this Law, the definition of reviewable regulatory decision in section 244 is deemed, during the relevant transition period, to include decisions of the AER— that disallow a variation proposed by a service provider of a Reference Tariff contained in a transitioned access arrangement; or to make the AER’s own variation of a Reference Tariff in respect of a transitioned access arrangement— on disallowing a variation proposed by a service provider; or because a service provider fails to submit such a variation as required. (sch.3-sec.31-ssec.2) In this clause— new scheme revisions commencement date means the date revisions approved or made to a transitioned access arrangement under this Law and the Rules take effect following the first review of that access arrangement under this Law and the Rules after the commencement day; Reference Tariff has the same meaning as in the Gas Code immediately before its repeal; relevant transition period means the period— commencing on the commencement day; and ending on the day after the day that is 15 business days after the first new scheme revisions commencement date. See also clause 30.

• (a) that disallow a variation proposed by a service provider of a Reference Tariff contained in a transitioned access arrangement; or
• (b) to make the AER’s own variation of a Reference Tariff in respect of a transitioned access arrangement— (i) on disallowing a variation proposed by a service provider; or (ii) because a service provider fails to submit such a variation as required.