33Transitional provision for temporary continuation of existing charges

33 Transitional provision for temporary continuation of existing charges

(3) If the ACCC has not approved or determined the infrastructure charges of a Part 6 operator in respect of the first and each subsequent year of a regulatory period before the end of the preceding regulatory period, the operator may levy fees and charges in respect of the first year of the regulatory period that do not exceed the infrastructure charges for the last year of the preceding regulatory period approved or determined under Division 3 (or, if varied under Division 4, as so varied) until, and only until: (a) the expiration of the specified period; or (b) the ACCC approves or determines the infrastructure charges in accordance with this Division: whichever first occurs. (4) In this rule, specified period means the period ending on the later of: (a) the day 6 months after the end of the preceding regulatory period; and (b) if the period of 30 business days before the start of the regulatory period referred to in subrule 30(1) is extended or further extended under subrule 30(2)—the day when that period as extended or further extended ends.