For section 40FBA of the Electricity Industry Act 2000 substitute —
For the purposes of section 40FB(2)(a), in each financial year the amount to be credited against the charges payable to a relevant licensee by a customer who is a relevant generator is determined at—
(a) the rate or rates determined by the Commission under section 40FBB for that financial year; or
(b) if the Commission has not determined one or more rates under section 40FBB for that financial year—the rate or rates that applied immediately before the commencement of that financial year.".