1Interpretation

1. In this Part,—

   amendment Act means the Electricity Industry Amendment Act 2022

   commencement date means the day after the date on which the amendment Act receives the Royal assent.

2Existing material incorporated by reference

1. This clause applies in relation to any written material that was, immediately before the commencement date, incorporated by reference into—

2. the Code; or
3. regulations made under section 113 or 114.

4. On and from the commencement date, the material must be treated as having been incorporated by reference in accordance with section 64 of the Legislation Act 2019.

3Existing exemptions granted under section 11

1. An exemption granted by the Authority under section 11 that was in force immediately before the commencement date—

2. continues in effect until it is amended or revoked under section 11(4), or until it expires according to its terms; and
3. must not be treated as an exemption from any provision in the Code relating to corporate separation or arm’s-length rules (as defined in section 44C); and
4. must, on and from the commencement date, be treated as having been made under section 11 as replaced by the amendment Act.

4Existing exemptions granted under section 90

1. This clause applies to an exemption granted by the Authority under section 90 and in force immediately before the commencement date, if it is an exemption from the obligation to comply with any of the following sections:

2. section 76 (corporate separation and arm’s-length rules applying to distributors and connected generators and connected retailers):
3. section 77 (use-of-systems agreements):
4. section 79 (no discrimination when paying rebates or dividends):
5. section 88 (disclosure of information to Authority):
6. section 89 (directors must report compliance with arm’s-length rules).

7. On and from the commencement date, the exemption—

8. must be treated as an exemption made under section 11 (as replaced by the amendment Act) from the obligation to comply with the equivalent provision in the Code; and
9. continues in force until it is amended or revoked under section 11(4), or until it expires according to its terms.

5Applications for exemptions received before commencement date

1. An application for an exemption made under section 11 or 90 that is received (but not granted) by the Authority before the commencement date must be considered under the relevant section as if the amendment Act had not been enacted.

2. If the application is granted by the Authority and is an exemption of a type described in subclause (3), it must be treated, after it comes into effect, as having been made under section 11 as inserted by the amendment Act.

3. For the purposes of subclause (2), the relevant exemptions are as follows:

4. exemptions under section 11:
5. exemptions under section 90(1) that are exemptions from the obligation to comply with any of the following sections:
   1. section 76 (corporate separation and arm’s-length rules applying to distributors and connected generators and connected retailers):
   2. section 77 (use-of-systems agreements):
   3. section 79 (no discrimination when paying rebates or dividends):
   4. section 88 (disclosure of information to Authority):
   5. section 89 (directors must report compliance with arm’s-length rules).

6Regulations regarding Small Electricity Consumers Agency

1. Regulations made under section 128(3)(da) may provide for the recovery of costs incurred in the year ending 30 June 2022, even if the regulations come into effect after that date.

7References to Authority’s objectives

1. This clause applies before the commencement of section 10 of the amendment Act.

2. A reference in this Act to the Authority’s objectives under section 15 must be read as a reference to the objective set out in section 15 before the commencement of section 10 of the amendment Act.

8Application of Regulations (Disallowance) Act 1989 (Repealed)