(1) The clearing house price is:
(a) subject to paragraph (b)--$40; or
(b) if the Minister, by legislative instrument, specifies a lesser amount as being the clearing house price for the purpose of this subsection--the amount so specified.
(2) The GST inclusive clearing house price is the amount equal to 110% of the clearing house price.
(3) Before making an instrument under paragraph (1)(b), the Minister:
(a) must take into consideration:
(i) whether the total value, in MWh, of small - scale technology certificates created in 2015 exceeded or is expected to exceed 6,000,000; and
(ii) any changes to the costs of small generation units and solar water heaters; and
(iii) the extent to which owners of small generation units and solar water heaters contribute to the costs of small generation units and solar water heaters; and
(iv) the impact of the clearing house price, and the number of small generation units and solar water heaters installed, on the electricity market, including on electricity prices; and
(b) may take into consideration any other matters that the Minister considers relevant.
(4) If the Minister is considering a matter mentioned in paragraph (3)(a), the Minister must obtain, and take into consideration, independent advice about that matter.
(5) An instrument made under paragraph (1)(b) must not be expressed to commence earlier than the first 1 April following the making of the instrument.
(6) If:
(a) an instrument is made under paragraph (1)(b); and
(b) on a particular day (the tabling day ), a copy of the instrument is tabled before a House of the Parliament under section 38 of the Legislation Act 2003 ;
then, on or as soon as practicable after the tabling day, the Minister must cause to be tabled before that House a written statement setting out the Minister's reasons for making the instrument.