Under the EIR Act, the Commission considers applications for exemption from the application of the legislation which prohibits the involvement in both an electricity lines business and an electricity supply business.
The Commission will grant an exemption if it is satisfied that the proposed prohibited involvement would not inhibit competition in the industry or would not permit cross-subsidisation of generation assets or electricity retailing with electricity lines businesses.
The Commission has a standard application form for EIR Act exemption applications, to provide the Commission with critical information to inform its analysis. Once it receives an application for exemption, the Commission then commences an investigative process, including research and interviews with relevant parties.
The EIR Act Exemptions Register contains a full list of all applications for exemption received by the Commission until 1 November 2011, along with written reasons for the Commission's decisions.
