39Transitional provision for temporary continuation of existing infrastructure charges

39 Transitional provision for temporary continuation of existing infrastructure charges

(2) If the ACCC has not, under this Division, approved or determined the infrastructure charges of a Part 6 operator in respect of the second or a subsequent year of a regulatory period before the beginning of that year, the operator may levy infrastructure charges in respect of that year that do not exceed the infrastructure charges for that year approved or determined under Division 2 (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. (3) In this rule, specified period means: (a) the period ending 3 months after the end of the preceding year of the regulatory period; or (b) if the period referred to in subrule 37 (1) is extended, or further extended, under subrule 37 (5), the period ending when that period, as extended or further extended, ends: whichever is the later.