Subject to the
requirement for public consultation, the Relevant Regulator may determine its
own policies for assessing whether a Reference Tariff meets the requirements
of this section 8. For example, the Relevant Regulator may:
(a) draw
an inference that an appropriate Incentive Mechanism will result in:
(i)
New Facilities Investment that meets the requirements of
section 8.16(a)(i) and section 8.16(a)(ii)(A); and/or
(ii)
that Non Capital Costs meet the requirements of section
8.37 ;
(b) draw
an inference that an appropriate policy by the Service Provider in relation to
New Facilities Investment and/or Non Capital Costs will, if adhered to, result
in:
(i)
New Facilities Investment that meets the requirements of
section 8.16(a) ; and/or
(ii)
Non Capital Costs that meet the requirements of section
8.37 ;
(c)
assess whether New Facilities Investment in relation to a number of New
Facilities (for example, an investment program) considered together meet the
requirements of section 8.16(a), and then use this to draw an inference as to
whether the New Facilities Investment when considered in relation to each
individual New Facility meets the requirements of section 8.16(a).
[Section 8.49 amended: Gazette
2 May 2003 p. 1526.]
9. CODE CHANGE