Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For subparagraph 6 (a) (ii) of the Act, the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as amended by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia, applies as a law of the Commonwealth to:
(a) the circumstances of:
(i) the giving to the ACCC by a constitutional corporation of an access undertaking under section 44ZZA of the Trade Practices Act 1974 in compliance with the requirements and terms of the National Electricity Code; and
(ii) the continued operation of that access undertaking; and
(b) in respect of those circumstances — the ACCC and the constitutional corporation.
(2) For section 14 of the Act, a reference to a document in clauses 7, 8 and 9 of Schedule 3 to the National Electricity Law, after the amendment of that law by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia, is taken to include a reference to an access undertaking mentioned in sub-regulation (1).
Note Clauses 7, 8 and 9 of Schedule 3 to the National Electricity Law, after the amendment of that law by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 , provide in summary that:
(a) every reference in a document (however described) to the National Electricity Code is deemed to be a reference to the National Electricity Rules; and
(b) every reference in a document (however described) to a provision of the National Electricity Code is deemed to be a reference to a provision of the National Electricity Rules that corresponds to that provision; and
(c) every reference in a document (however described) to a Code participant within the meaning of the National Electricity Law before it was amended by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 is deemed to be a reference to a Registered participant.
The effect of regulation 4 is to ensure that:
(a) the National Electricity Law, after the amendment of that law by the National Electricity (South Australia) (New National Electricity Law) Amendment Act 2005 of South Australia, will apply as a law of the Commonwealth in relation to any access undertaking that has been given by a constitutional corporation to the ACCC under section 44ZZA of the Trade Practices Act 1974 in compliance with the requirements and terms of the National Electricity Code; and
(b) the deeming provisions in clauses 7, 8 and 9 of Schedule 3 of the National Electricity Law will be read as applying to the terms of the access undertaking.