50Timing for making revenue determinations—the Act, s 38(10)(a)

50 Timing for making revenue determinations—the Act, s 38(10)(a)

50 Timing for making revenue determinations—the Act, s 38(10)(a)

(1) The regulator must make a revenue determination in relation to a network operator within the following period after the regulator has received the information from the network operator required by clause 48—

(a) for a contestable revenue determination—42 business days,

(a1) for a revenue determination for a contestable augmentation—84 business days,

(b) otherwise—126 business days.

(2) The regulator may, by written notice to the network operator, extend the time period under subclause (1)(a) by a further 42 business days if the regulator is satisfied that the extension is reasonably necessary because—

(a) the revenue determination is complex, and

(b) some of the information from the network operator was obtained other than from a competitive assessment process.

(2A) The regulator may, by written notice to the network operator, extend the time period under subclause (1)(a1) by a further 42 business days if the regulator is satisfied the extension is reasonably necessary because—

(a) the revenue determination is complex, and

(b) the regulator has been unable to satisfy itself of one or more of the matters specified in clause 47E(2)(b) or (3)(b).

(3) As soon as practicable after the regulator fails to make a revenue determination within the period required by this clause, the regulator must—

(a) prepare a report that specifies—

(i) the reasons for the failure, and

(ii) the date by which the regulator expects to make the revenue determination, and

(b) give the report to the Minister, and

(c) publish the report on the regulator’s website.

cl 50: Ins 2022 (382), Sch 1[9]. Am 2022 (686), Sch 1[7]; 2024 (6), Sch 1[8] [9].