Tasmanian Numbered Regulations
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ELECTRICITY SUPPLY INDUSTRY (PRICE CONTROL) REGULATIONS 2003 (S.R. 2003, NO. 54) - REG 36
Revocation or amendment of declared electrical service price determination
(1) The Regulator is to amend or revoke a declared electrical service
price determination if an electricity entity to which the determination
applies is materially adversely affected as a result of the making, amendment
or revocation of a transmission revenue cap determination.
(2) The Regulator may revoke or amend a declared electrical service
price determination if he or she has determined (a) that the
determination was made on the basis of information that was false or
misleading in a material particular; or
(b) that there is a material error in
the determination; or
(c) that (i) an electricity entity to which
the determination applies is materially adversely affected by the
determination as a result of an event which is beyond the electricity entity's
control and was not taken into account in the terms of the determination; and
(ii) the benefits of revoking or amending the determination would outweigh any
detriment to the Tasmanian electricity supply industry that might result from
the revocation or amendment of the determination.
(3) Before revoking or amending a declared electrical service price
determination, the Regulator is to (a) invite submissions with
respect to the matter within the reasonable period specified in the
invitation; and
(b) consider any such submissions made to him or her.
(4) The invitation referred to in subregulation (3) is to
be (a) in writing; and
(b) provided to the Minister; and
(c)
provided to each electricity entity providing the declared electrical service
to which the declared electrical service price determination relates; and
(d)
published in such daily Tasmanian newspapers as the Regulator considers
appropriate.
(5) Subject to these regulations, the Regulator may do anything he or
she considers necessary or convenient for the purpose of determining whether
or not to revoke or amend a declared electrical service price determination
and, in this regard, regulation 25(3) , (4) and (5) and
regulations 26 , 27 and 28 apply as if the Regulator were conducting a
declared electrical service pricing investigation.
(6) A determination revoking or amending a declared electrical service
price determination (a) takes effect on the day specified in it;
and
(b) is not a statutory rule within the meaning of the Rules Publication
Act 1953 .
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