Phasing‑out of operation of access and procurement provisions
95A Phasing‑out of operation of access and procurement provisions
The Minister may, by instrument published in the Government Gazette, declare that a specified relevant provision does not have effect on and after a specified day, and a declaration so made has effect accordingly.
A declaration is not to be made in respect of a relevant provision unless the Minister is of the opinion that the matters to which the relevant provision relates —
no longer need to be dealt with, or will no longer need to be dealt with on and after the specified day, under this Act or any other written law; or
are adequately dealt with, or will be adequately dealt with on and after the specified day, under —
another provision of this Act; or
the Electricity Industry Act 2004 Part 8, the Code established under that Part and the electricity system and market rules under that Act.
A declaration is not to be made after the expiration of the period of 18 months beginning on the day on which Schedule 5 clause 17 of the Electricity Corporations Act 2005 comes into operation.
Regulations made under section 96 may —
repeal any specified relevant provision that has ceased to have effect because of a declaration;
effect any repeal of or amendment to any other provision of this Part or Schedule 5, 6 or 7 that is consequential on a repeal referred to in paragraph (a); and
prescribe any matter that it is necessary or convenient to prescribe for transitional or savings purposes in relation to a declaration or in relation to a repeal or amendment referred to in paragraph (a) or (b).
In this section —
declaration means a declaration made under subsection (1);
relevant provision means any of section 90 or 91 or Schedule 5 or 6, or any portion of any of those sections or Schedules;
specified means specified in the declaration.
[Section 95A inserted: No. 33 of 2004 s. 26; amended: No. 18 of 2005 s. 139; No. 1 of 2024 s. 50.]
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