43AVariation of determination or approval by ACCC in response to certain regulatory or taxation events

43A Variation of determination or approval by ACCC in response to certain regulatory or taxation events

(1) The ACCC may, on its own initiative, vary a determination or approval of an infrastructure operator’s infrastructure charges if it is satisfied that a regulatory event or taxation event provides a benefit to the infrastructure operator of more than 1% of the operator’s aggregate revenue requirement. (2) Before varying the determination or approval, the ACCC must give the infrastructure operator written notice of the ACCC’s intention to vary the determination or approval. (3) The notice must: (a) identify the regulatory event or taxation event giving rise to the intended variation; and (b) set out the estimated amount for the proposed variation of the operator’s infrastructure charges; and (c) advise that the operator may respond to the ACCC’s notice within 30 business days after the date of the notice. (4) The ACCC must not, in relation to an application made under subrule 40(3), vary a determination or approval of infrastructure charges unless the ACCC is satisfied as to the matters set out in paragraphs 29(2)(b) and (c). (5) The ACCC must, if varying a determination or approval of infrastructure charges under this rule, decide: (a) each infrastructure charge to be varied and the amount of the variation; and (b) the date from which each varied charge will apply, which must not be earlier than the next year of the regulatory period.