11Requirements for a schedule of charges—infrastructure operator

11 Requirements for a schedule of charges—infrastructure operator

(1) An infrastructure operator must adopt a schedule of charges that: (a) sets out its infrastructure charges and planning and management charges in accordance with this rule and rule 13; and (b) sets the date on which the schedule of charges comes into effect for the operator, which must not be earlier than the date of adoption.

Note 1: In order for an infrastructure operator to levy a charge (other than an exempt charge or other charge listed in subrule (7)), the charge must be in a schedule of charges that is in effect for the infrastructure operator at the relevant time—see rule 7.

Note 2: To come into effect, a schedule of charges must be adopted in accordance with this rule and include the information set out in rule 13. It must be published and distributed in accordance with rule 15. It remains in effect until a replacement schedule comes into effect—see subrule 11(5).

Note 3: For paragraph (b), the date is set under item 4 of the table in rule 13.

When individual charges may apply (2) The period during which a charge applies (the charge application period for the charge) is the period that the schedule of charges is in effect for the person who levies the charge, unless a different charge application period is specified in the schedule of charges. Subject to subrules (3) and (4), the charge application period must not begin earlier than the date on which the schedule of charges comes into effect. (3) If: (a) an infrastructure charge or a planning and management charge in the schedule of charges is required to be determined or approved by another person who is a State Agency or the ACCC; and (b) the determination or approval of the charges includes provisions relating to the dates when the charge applies: any specification of the charge application period for the charge under subrule (2) must be in accordance with those provisions of the determination or approval. (4) If the schedule of charges that is adopted differs from the schedule of charges that it replaces only in relation to charges that are: (a) separate charges levied under subrule 9A(1); or (b) charges levied under subrule 9A(3); such a charge may be specified, under subrule (2), as applying not earlier than the date of application of the network operation charge or ancillary charge that caused the change in the charge. Replacing one schedule of charges with another (5) The schedule of charges ceases to be in effect for the infrastructure operator when another schedule of charges that has been adopted by the infrastructure operator comes into effect. Schedule of charges must comply with rule 13 (6) Subject to subrules (7) and (8), the infrastructure operator contravenes this subrule if the schedule of charges does not include: (a) for each infrastructure charge set out in the schedule—the information specified in items 1 and 2 of the table in rule 13; and (b) for each planning and management charge set out in the schedule—the information specified in items 1 and 3 of that table; and (c) the information specified in item 4 of that table.