29Re-assessment of compliance costs

29 Re-assessment of compliance costs

29 Re-assessment of compliance costs

(1) A dispute between a relevant person and the Minister about the cost to the person of complying with a code must be referred to an assessment committee.

(2) In determining a dispute referred to it under this section, an assessment committee must—

(a) consider submissions made by the parties to the dispute, and

(b) determine, on the basis of the submissions and other information available to the committee—

(i) the efficient cost to the relevant person of complying with the code, or

(ii) a methodology by which the efficient cost may be assessed.

(3) Subject to subsection (2), an assessment committee may conduct an assessment in the way the committee considers appropriate.

(4) An assessment committee’s decision on a dispute binds the parties to the dispute, but does not prevent the provision to which the dispute relates from being withdrawn by an amendment to, or the revocation of, the code.

(5) An assessment committee’s decision about the efficient costs to a relevant person is taken—

(a) for the purposes of applying the code to the person, to be the relevant amount or the methodology specified in the code, and

(b) to vary the code applying to the person.

(6) The costs associated with an assessment committee must be paid by the relevant person and the Minister in equal proportions unless the committee determines otherwise.

(7) An assessment committee may determine more than one dispute at the same time.

(8) In this section—

assessment committee means a committee consisting of one or more suitably qualified persons appointed by agreement between the relevant person and the Minister.