35

35 Cost of declaration, investigations and determinations

(1)  In this regulation, each of the following is a relevant activity of the Regulator in respect of a declared electrical service provided by an electricity entity or authorised retailer:

(a) the making, amendment or revocation of a declaration under section 40AD of the Act of a declared electrical service that is provided by the electricity entity or authorised retailer;

(b) the conduct and reporting of a pricing investigation in relation to a declared electrical service provided by the electricity entity or authorised retailer, and the giving, or publication, of any notice required under these regulations to be given in relation to such an investigation or report;

(c) the making, amending or revocation under section 40AD of the Act of a declared electrical service price determination in relation to a declared electrical service that is provided by the electricity entity or authorised retailer and the publishing under these regulations of a copy of the determination, amendment or revocation.

(2)  The Regulator may send a notice of expenses to an electricity entity or authorised retailer in relation to a relevant activity of the Regulator.

(3)  A notice of expenses to an electricity entity or authorised retailer in relation to a relevant activity of the Regulator is a notice specifying –

(a) the amount of the expenses determined by the Regulator to be payable by the electricity entity or authorised retailer in respect of all or part of the expenses, reasonably incurred by the Regulator, arising from a relevant activity of the Regulator in respect of a declared electrical service provided by the electricity entity or authorised retailer; and

(b) the date on or before which the expenses are to be paid by the electricity entity or authorised retailer.

(4)  A date specified in a notice to an electricity entity or authorised retailer in accordance with subregulation (3)(b) is not to be earlier than 30 days after the notice is sent to the electricity entity or authorised retailer.

(5)  An electricity entity or authorised retailer to which an expenses notice is sent is liable to pay, to the Regulator, on or before the date specified in the notice as the date by which the amount is to be paid, the amount of the expenses specified in the notice.

(6)  The Regulator may recover in a court of competent jurisdiction, as a debt due and owing, an amount that an electricity entity or authorised retailer is liable to pay under subregulation (5) .