Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2) of this section and subsection 9(2A), capacity is taken to be available capacity for the purposes of this Act if operational decisions are not in force in relation to that capacity.
(2) If the Commission makes a determination, the capacity to which it relates is taken not to be available capacity during the period beginning when the determination is made and ending when the Secretary advises the Commission under section 50 in relation to the capacity.