21Price determination investigations

21 Price determination investigations

(1)  In this regulation –

excluded amount means –

(a) an income tax, income tax equivalent, fringe benefits tax or capital gains tax; or

(b) a tax, charge, levy, duty or imposition that replaces a tax referred to in paragraph (a) ; or

(c) a fee or charge payable under the Act; or

(d) an amount payable under a contract; or

(e) a fine or other penalty;

relevant tax means a tax, charge, levy, duty, or imposition, other than an excluded amount, that –

(a) is directly attributable to the provision of a regulated service; and

(b) in the opinion of the Regulator, is not normally absorbed by a business in a fully competitive market;

tax event, in relation to a price determination, means –

(a) the imposition on a regulated entity of an obligation to pay an amount which –

(i) it was not obligated to pay immediately before the price determination was made; and

(ii) arises from the imposition of a relevant tax; or

(b) a change in the manner in which, or the rate at which, a relevant tax is calculated, which results in a change in an amount that a regulated entity is required to pay (whether directly or by reason of an adjustment under a contract of an amount payable under that contract) in respect of relevant taxes, from the amount that the entity was so required to pay immediately before the price determination was made; or

(c) the removal of a relevant tax, which removal results in a change in an amount that a regulated entity is required to pay (whether directly or by reason of an adjustment under a contract of an amount payable under that contract) from the amount that the entity was so required to pay immediately before the price determination was made.