21Charges for services

#### 21 Charges for services (1) The rates of charges for any service provided by the Commission shall be such as the Commission, subject to this section, section 6AA and to subsections 18(1) and 55(3), fixes for the services. (2) The Commission shall, as soon as practicable after the commencement of this Act: (a) determine, by instrument in writing, the principles in accordance with which it proposes to fix rates of charges for prescribed services; and (b) inform the Minister, by notice in writing, of the principles that it has so determined. (3) The Minister may, before the expiration of the period of 60 days after receipt by him of the notice referred to in paragraph (2)(b): (a) determine, by instrument in writing, the principles in accordance with which the Commission is to fix rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services; and (b) inform the Commission, by notice in writing, of the principles so determined and the reasons for the determination. (4) Where the Commission proposes to make an alteration to the principles in accordance with which it fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services, the Commission shall inform the Minister, by notice in writing, of the proposed alteration. (5) Where the Minister receives a notice under subsection (4) of a proposed alteration to the principles in accordance with which the Commission fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services, the Minister may, before the expiration of 60 days after receipt by him of the notice, by instrument in writing: (a) approve the proposed alteration to those principles; (b) determine an alteration to those principles that is different from the alteration proposed in the notice; or (c) refuse to agree to any alteration to those principles; and inform the Commission, by notice in writing, of the approval, determination or refusal, as the case may be. (6) If the Minister does not, before the expiration of 60 days after the receipt by him of a notice under subsection (4) proposing an alteration to the principles in accordance with which the Commission fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services: (a) approve the alteration proposed in the notice; (b) determine an alteration to the principles that is different from the alteration proposed in the notice; or (c) refuse to agree to any alteration to the principles; and inform the Commission as mentioned in subsection (5), he shall be deemed to have, at the expiration of that period, approved, under subsection (5), the alteration proposed in the notice. (7) The Commission shall not fix a rate of charge for a prescribed service otherwise than: (a) if the Commission has determined principles under subsection (2) in relation to the prescribed service, the Minister has not determined principles under subsection (3) in relation to the prescribed service and no alteration to the principles determined by the Commission has been approved or determined under subsection (5) in relation to the prescribed service—in accordance with the principles so determined by the Commission; (b) if the Minister has determined principles under subsection (3) in relation to the prescribed service and no alteration to those principles has been approved or determined under subsection (5)—in accordance with the principles so determined by the Minister; or (c) if any principles are applicable in relation to the prescribed service by virtue of a determination under subsection (2) or (3) and an alteration has or alterations have been approved or determined under subsection (5) to those principles—in accordance with those principles as so altered by the alteration or alterations. (8) A reference in this section to a prescribed service is a reference to a service for the carriage of passengers or goods.