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National Gas (Victoria) Act 2008
26Certain provisions of the Access Code to continue to apply to revised gas distribution access arrangement
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26 Certain provisions of the Access Code to continue to apply to revised gas distribution access arrangement
(1) Despite the repeal of the Access Code and subject to this section and any current access arrangement modification Rules, sections 3, 8 and 10.8 of the Access Code continue to apply to a revised gas distribution access arrangement deemed to be an AER approved full access arrangement under section 25 until revisions to such an access arrangement first approved or made in accordance with the National Gas (Victoria) Law and the National Gas Rules after the NGL commencement day take effect.
(2) To avoid doubt, after the NGL commencement day, a covered pipeline service provider must, despite anything to the contrary in an access arrangement referred to in subsection (1), submit an access arrangement revision proposal in relation to that access arrangement in accordance with section 132 of the National Gas (Victoria) Law and the National Gas Rules.
(3) Sections 3, 8 and 10.8 of the Access Code, as applied under this section, do not have effect to the extent that they provide for or deal with the procedure for the approval of revisions to access arrangements.
(4) For the purposes of this section, on the handover day—
(a) the AER is deemed to have the functions and powers a relevant Regulator has under sections 3, 8 and 10.8 of the Access Code as applied under this section; and
(b) every reference to a relevant Regulator in those sections as applied under this section is deemed to be a reference to the AER.
***access arrangement revision proposal*** has the same meaning as in the National Gas Rules;
***current access arrangement modification Rules*** means Rules made for or with respect to item 81 of Schedule 1 to the National Gas (Victoria) Law that are in force;
***handover day*** means the day on which a revised gas distribution access arrangement is deemed to be an AER approved access arrangement under section 25.
27 Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of National Gas (Victoria) Law
(1) Despite anything to the contrary in the National Gas (Victoria) Law, the definition of ***reviewable regulatory decision*** in section 244 of that Law is deemed, during the relevant transition period, to include decisions of the AER—
(a) that disallow a variation proposed by a service provider of a Reference Tariff contained in a revised gas distribution access arrangement deemed to be an AER approved access arrangement under section 25; or
(b) to make the AER's own variation of a Reference Tariff in respect of a revised gas distribution access arrangement deemed to be an AER approved access arrangement under section 25—
(i) on disallowing a variation proposed by a service provider; or
(ii) because a service provider fails to submit such a variation as required.
(2) In this clause—
***new scheme revisions commencement date*** means the date revisions approved or made under the National Gas (Victoria) Law and the National Gas Rules to a revised gas distribution access arrangement deemed to be an AER approved full access arrangement under section 25 take effect following the first review of that access arrangement under that Law and those Rules after the NGL commencement day;
***Reference Tariff*** has the same meaning as in the Access Code;
***relevant transition period*** means the period—
(a) commencing on the NGL commencement day; and
(b) ending on the day after the day that is 15 business days after the new scheme revisions commencement date.