15Distributing and publishing schedule of charges

15 Distributing and publishing schedule of charges

Note: Documents may be given in electronic form and documents posted or sent electronically are taken to be given on the day they are posted or sent—see subrule 3(3).

Infrastructure operator—provision of schedule of charges to new customer or on request (1) If a person becomes a customer of an infrastructure operator, the operator must give the person, within 10 business days after the day the operator first receives notice, or otherwise becomes aware, that the person is a customer, a copy of: (a) its current schedule of charges; and (b) if a schedule of charges that is not yet in effect has been given to existing customers in accordance with paragraph (3)(a) or (4)(a)—the new schedule of charges.

Civil penalty: 200 penalty units.

(2) If a person gives an infrastructure operator a request in writing for details of its current infrastructure charges for infrastructure services provided to its customers, the operator must give the person, within 10 business days after the day the request is received, a copy of: (a) its current schedule of charges; or (b) if a new schedule of charges has been adopted but is not yet in effect—the new schedule of charges.

Civil penalty: 200 penalty units.

Infrastructure operator—adoption of new schedule of charges (3) If an infrastructure operator that satisfies subparagraph 23(b)(i) or (ii) (whether or not its infrastructure charges are determined or approved by a single State Agency under a law of the State) adopts a schedule of charges under subrule 11(1): (a) the operator must give a copy of the schedule of charges to each of its customers at least 25 business days before the day the schedule of charges comes into effect; and (b) if the operator has a website—the operator must publish the schedule of charges on a publicly accessible part of the operator’s website at least 25 business days before the day the schedule of charges comes into effect.

Civil penalty: 200 penalty units.

(4) If an infrastructure operator of any other kind adopts a schedule of charges under subrule 11(1): (a) the operator must give a copy of the schedule of charges to each of its customers at least 10 business days before the day the schedule of charges comes into effect; and (b) if the operator has a website—the operator must publish the schedule of charges on a publicly accessible part of the operator’s website at least 10 business days before the day the schedule of charges comes into effect.

Civil penalty: 200 penalty units.

Infrastructure operator—adoption of new schedule of charges updating rule 9A charges only (5) For subrules (3) and (4), if the schedule of charges is one to which subrule 11(4) applies, the infrastructure operator: (a) is taken to comply with paragraphs (3)(a) and (4)(a) if it gives a copy of the schedule of charges, or a notice setting out the details of the changes, to each customer with the next invoice it gives to the customer after adopting the schedule of charges; and (b) is taken to comply with paragraphs (3)(b) and (4)(b) if it publishes the schedule of charges on a publicly accessible part of the operator’s website as soon as practicable after adopting the schedule of charges. Person other than an infrastructure operator—adoption of schedule of charges under rule 12 (6) A person who adopts a schedule of charges under subrule 12(1) must, at least 25 business days before the day the schedule of charges comes into effect for the person who levies the charges: (a) cause the schedule of charges to be published on a publicly accessible part of the person’s website, or a publicly accessible part of the website of: (i) the person who determined the charge; or (ii) the agency or person to whom the charge is payable; or (iii) the agency or person on whose behalf the charges are collected; and (b) ensure that the schedule of charges is made available at its principal place of business, or the principal place of business of: (i) the person who determined the charge; or (ii) the agency or person to whom the charge is payable; or (iii) the agency or person on whose behalf the charges are collected.