Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"pre-existing capacity" means capacity that came into existence before the commencement of this Act.
(2) The Minister may, by legislative instrument, declare that this Act applies to the pre - existing capacity specified in the instrument as if, immediately after the commencement of this Act, the Commission had made a determination in the terms set out in the instrument.
(3) Subject to subsection (5), this Act (other than section 7 and Division 1 of Part 3) has effect in relation to that capacity as if the Commission had made a determination accordingly.
(4) The terms set out in the instrument as the terms and conditions of the determination:
(a) subject to subsection (5), may include a statement to the effect that the determination is an interim determination; and
(b) must specify as the period during which the determination is to be in force:
(i) if the determination is an interim determination--the period of 3 years starting on 1 July 1992; or
(ii) if the determination is not an interim determination--the period of 5 years starting on 1 July 1992.
(5) A statement may not be included under paragraph (4)(a) in relation to capacity in relation to which operational decisions were in force on 26 February 1992.