104Determination of net incremental marginal cost

104 Determination of net incremental marginal cost

(1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant North East Link Tolling Corporation of providing a tollway roaming service.

(2) The Secretary, on the joint application of the relevant North East Link Tolling Corporation and a Victorian tollway operator, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant North East Link Tolling Corporation of providing a tollway roaming service.

(3) A determination of an amount to be the net incremental marginal cost may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant North East Link Tolling Corporation and the Victorian tollway operator.

(4) The Secretary must not make a determination of an amount to be the net incremental marginal cost unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant North East Link Tolling Corporation and the Victorian tollway operator.

(5) On the publication in the Government Gazette of any determination under this section, any existing determination under this section is revoked.