sch.3-sec.37Pending Commonwealth Minister decisions for price regulation exemptions

sch.3-sec.37 Pending Commonwealth Minister decisions for price regulation exemptions

This clause applies if— the Commonwealth Minister has received a recommendation of the NCC under section 13R of the old access law before the commencement day but the Commonwealth Minister has not made a decision under section 13S of the old access law in relation to that recommendation before that day; or the Commonwealth Minister receives a recommendation of the NCC as provided for under clause 36 after the commencement day. On and after the commencement day, the Commonwealth Minister must, despite the repeal of the old access law, make a decision under section 13S of the old access law in relation to that recommendation as if the old access law continued to apply. If the Commonwealth Minister makes an old scheme price regulation exemption under section 13S of the old access law in accordance with subclause (2), that exemption is deemed to be a price regulation exemption on the day it is made. (sch.3-sec.37-ssec.1) This clause applies if— the Commonwealth Minister has received a recommendation of the NCC under section 13R of the old access law before the commencement day but the Commonwealth Minister has not made a decision under section 13S of the old access law in relation to that recommendation before that day; or the Commonwealth Minister receives a recommendation of the NCC as provided for under clause 36 after the commencement day. (sch.3-sec.37-ssec.2) On and after the commencement day, the Commonwealth Minister must, despite the repeal of the old access law, make a decision under section 13S of the old access law in relation to that recommendation as if the old access law continued to apply. (sch.3-sec.37-ssec.3) If the Commonwealth Minister makes an old scheme price regulation exemption under section 13S of the old access law in accordance with subclause (2), that exemption is deemed to be a price regulation exemption on the day it is made.

• (a) the Commonwealth Minister has received a recommendation of the NCC under section 13R of the old access law before the commencement day but the Commonwealth Minister has not made a decision under section 13S of the old access law in relation to that recommendation before that day; or
• (b) the Commonwealth Minister receives a recommendation of the NCC as provided for under clause 36 after the commencement day.