74Infrastructure operator to give termination information statements

74 Infrastructure operator to give termination information statements

Requirement to give termination information statements (1) Subject to subrule (3), if an infrastructure operator receives a written information request from a customer, the operator must give the customer a termination information statement within 25 business days after the day on which it received the request.

Civil penalty: 200 penalty units.

(2) Subject to subrule (3), if an infrastructure operator receives an oral information request from a customer, the operator must either: (a) inform the customer as soon as practicable that the operator will give the customer a termination information statement on receiving a written information request; or (b) give the customer a termination information statement, within 25 business days after the day on which the operator received the oral request.

Civil penalty: 200 penalty units.

(3) An infrastructure operator is not required to give a customer a termination information statement in response to an information request if the operator has already given the customer a termination information statement in relation to the right of access, or the specified part of the right of access, within 6 months before: (a) if the information request: (i) is a notice that satisfies paragraph (4)(b); and (ii) specifies a future date for the termination or surrender to take effect;

—that date; or

(b) otherwise—the date of the request.

Meaning of information request (4) An information request is: (a) a request from a customer for information on the termination fee that would apply if the customer were to terminate or surrender the whole or a specified part of a right of access; or (b) notice from a customer of the customer’s intention to terminate or surrender the whole or a specified part of a right of access, including a notice that terminates or surrenders the right, or the specified part of the right, for the purposes of subrule 71(2). Meaning of termination information statement (5) A termination information statement is a statement by an infrastructure operator, in writing, that sets out, or includes, the following: (a) the amount of each of the following that would be payable to the operator by a person if the whole or a part of the person’s right of access were terminated or surrendered within the period of 6 months after the day the statement is given to the person: (i) the general termination fee; (ii) any additional termination fee; (iii) any disconnection fee referred to in rule 76 and known at the time the statement is given or, if it is not practicable to know the fee at that time, an estimate of the amount of such a fee; (b) how the fees covered by paragraph (a) have been calculated or estimated; (c) whether the person may trade a water delivery right relevant to the right of access referred to in the information request together with a copy of any rules governing the trade of that water delivery right or a website where such rules can be found; (d) a statement that the amount of the general termination fee is valid for the period of 6 months after the day on which the statement is given to the person; (e) if the statement relates to an information request that is a notice that terminates or surrenders the whole or any part of a right for the purposes of subrule 71(2) and specifies a future date for the termination or surrender to take effect (the termination date) that is more than 6 months after the date of the notice—a statement that, if the person confirms that the person wishes to proceed with the termination or surrender, the general termination fee may be calculated on the basis of the schedule of charges in effect on the termination date, and may therefore be higher than the amount set out under subparagraph (a)(i).