VICIn ForceAct
EastLink Project Act 2004
225DDetermination of net incremental marginal cost
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225D Determination of net incremental marginal cost
(1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the Freeway Corporation of providing a North East Link roaming service.
(2) The Secretary, on the joint application of the Freeway Corporation and the relevant North East Link Tolling Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the Freeway Corporation of providing a North East Link roaming service.
(3) A determination of an amount to be the net incremental marginal cost may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the Freeway Corporation and the relevant North East Link Tolling Corporation.
(4) The Secretary must not make a determination of an amount to be the net incremental marginal cost unless the Secretary is satisfied that the amount to be determined has been agreed to by the Freeway Corporation and the relevant North East Link Tolling Corporation.
(5) On the publication in the Government Gazette of any determination under this section, any existing determination under this section is revoked.
Part 10—Administration and enforcement
Division 1—Use of statutory powers and functions for Project
226 Governor in Council may require bodies to act
(1) The Governor in Council, by Order published in the Government Gazette, may require a Department Head, a public authority or a Council—
(a) to carry out their functions in relation to the Project area or anything done or to be done in the Project area; and
(b) to carry out those functions within a period specified in the Order.
(2) If a function relates to the giving of statutory approval, a requirement under subsection (1) cannot fix a shorter time or time limit to that prescribed by or under an Act.
(3) The Department Head, public authority or Council must comply with a requirement under subsection (1).
(4) A requirement under subsection (1) applies despite anything to the contrary in any other Act or law.