sec.59Assumptions where there is non-compliance with regulatory information instrument

sec.59 Assumptions where there is non-compliance with regulatory information instrument

This section applies if— under a regulatory information instrument the AER— requires a 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 service provider or to make a rate of return instrument; or 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 service provider or the making of a rate of return instrument; and the service provider or related provider— does not provide the information to the AER in accordance with the applicable regulatory information instrument; or provides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument). Without limiting sections 56 and 57 and despite anything to the contrary in this Law or the Rules, the AER— 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 in making that decision or instrument, may make reasonable assumptions (including assumptions adverse to the interests of the 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. This section does not apply in relation to a price information order. s 59 amd 2018 No. 33 (SA) s 17 ; 2022 No. 3 (SA) s 21 ; 2022 No. 21 (SA) s 42 (sec.59-ssec.1) This section applies if— under a regulatory information instrument the AER— requires a 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 service provider or to make a rate of return instrument; or 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 service provider or the making of a rate of return instrument; and the service provider or related provider— does not provide the information to the AER in accordance with the applicable regulatory information instrument; or provides information that is insufficient (when compared to what was requested under the applicable regulatory information instrument). (sec.59-ssec.2) Without limiting sections 56 and 57 and despite anything to the contrary in this Law or the Rules, the AER— 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 in making that decision or instrument, may make reasonable assumptions (including assumptions adverse to the interests of the 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. (sec.59-ssec.3) This section does not apply in relation to a price information order.