28QAssumptions where there is non-compliance with regulatory information instrument

28Q Assumptions where there is non-compliance with regulatory information instrument

28Q Assumptions where there is non-compliance with regulatory information instrument

(1) This section applies if—

(a) under a regulatory information instrument the AER—

(i) requires a regulated network service provider to provide information to the AER for the purpose of enabling the AER to make an AER economic regulatory decision relating to the regulated network service provider or to make a rate of return instrument; or

(ii) requires a related provider to provide information to the AER that is relevant to the making of an AER economic regulatory decision relating to a regulated network service provider or the making of a rate of return instrument; and

(b) the regulated network service provider or related provider—

(i) does not provide the information to the AER in accordance with the applicable regulatory information instrument; or

(ii) provides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument).

(2) Without limiting sections 28N and 28O and despite anything to the contrary in this Law or the Rules, the AER—

(a) may make the AER economic regulatory decision or the rate of return instrument on the basis of the information the AER has at the time it makes that decision or instrument; and

(b) in making that decision or instrument, may make reasonable assumptions (including assumptions adverse to the interests of the regulated network service provider) in respect of the matters the information required under the regulatory information instrument would have addressed had that information been provided as required.

s 28Q: Ins 2007 No 53, sec 25. Am 2018 No 33, sec 8.