Certain ESC functions, powers and duties conferred and imposed on the AER
28 Certain ESC functions, powers and duties conferred and imposed on the AER
On and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the AER is, in relation to that gas distribution company and by force of this subsection—
conferred—
a relevant gas distribution system regulatory function or power; and
the functions and powers the ESC had immediately before that day under a condition of the distribution licence held by that gas distribution company that relates to the economic regulation of distribution pipeline services by that company; and
subject to a gas distribution system regulatory duty.
In addition, on and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the AER has, in relation to that gas distribution company, the functions and powers conferred, and is subject to the duties imposed, on it under this Division.
S. 28(3) amended by No. 11/2013 s. 22.
For the purposes of this Division, on and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, every reference to the Essential Services Commission (by whatever name described) in—
a relevant gas distribution system law or instrument (to the extent to which that law or instrument relates to that gas distribution company); or
a condition of a distribution licence held by that gas distribution company that relates to the economic regulation of distribution pipeline services provided by that company—
is to be taken to be a reference to the AER or the Essential Services Commission, as the case requires.
Note
In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.
S. 29 amended by No. 11/2013 s. 23 (ILA s. 39B(1)).
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