197Dominant carrier must charge in accordance with its BCS tariff

##### 197 Dominant carrier must charge in accordance with its BCS tariff (1) This section applies where: (a) a carrier is in a position to dominate a market for a particular kind of basic carriage service; and (b) a BCS tariff of the carrier was in force in the same form throughout a period during which the carrier supplied a basic carriage service of that kind, in that market, to a person; and (c) that kind of basic carriage service was included in that tariff as in force in that form. (2) The carrier must not demand or receive payment of a charge for the supply of that service to the person unless so much (if any) of the charge as is attributable to that period is worked out in accordance with the tariff as in force in that form. (3) To avoid doubt, disallowance of a BCS tariff, or provisions of a BCS tariff, under this Act does not have the effect of applying subsection (2) to a demand or receipt in relation to charge attributable to a period that occurred before that disallowance.