45Determination of fee

45 Determination of fee (1) ICRC may determine the annual licence fee payable by each utility. Note Under s 52, the ICRC must prepare a notice of a determination of annual licence fees. The notice is a notifiable instrument. (2) The annual licence fee for a particular utility is the amount considered by ICRC to be a reasonable contribution towards the costs incurred, or expected to be incurred— (a) by the following in the exercise of functions, in the ACT or elsewhere, in relation to utility services: (i) ICRC; (ii) the technical regulator on behalf of the Territory; and (b) by the ACAT in hearing and deciding matters to which a utility is a party. (3) The matters that ICRC must have regard to when working out the costs mentioned in subsection (2) include, for example— (a) the extent of those costs in relation to each utility; and (b) the annual licence fees payable by all utilities; and (c) the relative scope and nature of the services provided by all

(4) A determination must be in writing stating the following matters: (a) ICRC’s findings on the matters mentioned in subsections (2) and (3) in relation to the relevant utility; (b) the amount of the fee and the way it is worked out; (c) ICRC’s reasons for the amount of the fee and any instalment; (d) how the fee is to be paid (for example, as a lump sum, or by instalments). (5) ICRC must give to a utility— (a) a copy of the determination of each annual licence fee payable by the utility; and (b) written notice stating when the fee, or any instalment, is due for payment. (6) The day on which an annual licence fee, or any instalment, is due for payment must be at least 28 days after the day the notice is given to the relevant utility. costs does not include— (a) costs payable by a utility under the ICRC Act; and (b) any fees, charges, costs or other amounts prescribed under the regulations for this definition. Example for par (a) costs of an investigation on an industry reference into a regulated industry under the ICRC Act, s 19

Review and enforcement Division 3.5