37ACCC to approve or determine infrastructure charges

37 ACCC to approve or determine infrastructure charges

(1) Subject to subrule (2), the ACCC must, within the period ending on the day 30 business days before the start of the year to which the application relates, and after considering any submissions received before the date specified in the notice under paragraph 36(b), determine or approve the infrastructure charges in respect of the year to which the application relates. (2) The ACCC must not approve infrastructure charges under subrule (1) other than the infrastructure charges approved or determined under Division 2 and, if varied under Division 4, as so varied, in respect of the year to which the application relates except to the extent, if any, that it is reasonably necessary to make variations to those charges having regard to: (a) the changes in the demand or consumption forecasts set out in the application under rule 34 from those used in the determination or approval of infrastructure charges under Division 2; and (b) price stability; and (c) the consistency of the infrastructure charges with the requirements in other provisions of these Rules. (3) If the ACCC is not satisfied as to the matters referred to in subrule (2), the ACCC must determine the infrastructure charges with such changes as enable the ACCC to be satisfied as to those matters. (5) If the ACCC: (a) is unable to make a decision within the period mentioned in subrule (1) or, if that period is extended, the period as extended; and (b) within that period, gives written notice to the Part 6 operator who made the application under subrule (1) explaining why the ACCC has been unable to make the decision within that period: that period is extended, or further extended, by a period of one month. (6) As soon as practicable after the ACCC gives a notice under paragraph (5) (b), the ACCC must publish the notice on the ACCC’s website.