Electricity Supply Industry Act 1995

The regulations may provide that – the Minister is to make a submission to the Regulator in relation to each of the first determinations, in relation to each of the regulated offer retailers, to be made by the Regulator under section 40AA; and the submission may be made in relation to an authorised retailer as if the retailer were a regulated offer retailer; and the submission is to specify the structure and methodology to be applied in the determination; and the submission may specify the cost to serve for the purposes of section 40AB; and the submission is to specify the period for which the determination is to remain in force; and the submission may specify that the Regulator is only to approve under section 41 draft standing offer prices to be fixed by a regulated offer retailer under section 40 in accordance with the determination, if the prices are in accordance with a pricing structure specified in the determination; and the submission may specify a pricing structure that is to be included, for the purposes of paragraph (f), in the determination.

If – the regulations specify that the Minister is to make a submission to the Regulator in relation to each of the first determinations, in relation to each of the regulated offer retailers, to be made by the Regulator under section 40AA; and a matter referred to in subsection (1)(c), (d), (e), (f) or (g) is specified in the submission – the determination is to be in accordance with the matter so specified.

The regulations may provide that a determination made under regulations in force before this section comes into operation is to be taken to be a determination made under section 40AA in relation to the authorised retailer specified in the determination.

A determination, in relation to a regulated offer retailer, to be made, or taken to be made, by the Regulator under section 40AA – may be specified to apply to an authorised retailer even though, at the time the determination is made, the authorised retailer is not a regulated offer retailer; but does not apply in relation to the authorised retailer until the retailer is a regulated offer retailer.