43Determination where another determination is already in force

43 Determination where another determination is already in force

(1) The Regulator may make a determination under section 42 (the new determination) that a facility is a trade‑exposed baseline‑adjusted facility in a particular financial year and the next 2 financial years even if the facility is already a trade‑exposed baseline‑adjusted facility in that particular financial year because of another determination in force under that section. (2) If the Regulator makes the new determination, the Regulator must revoke the other determination. (3) This section does not limit subsection 33(3) of the Acts Interpretation Act 1901.