8Additional conditions applying to Part 6 and 7 operators

8 Additional conditions applying to Part 6 and 7 operators

(2) Subject to rules 33 and 39 and Division 4 of Part 6, a Part 6 operator that has not been exempted under rule 23C must not, after the regulatory start date for the operator, levy an infrastructure charge relating to an infrastructure service provided by the operator to a customer unless: (a) the operator’s infrastructure charges have been determined or approved in accordance with: (i) Division 2 of Part 6; and (ii) except in the case of the first year of a regulatory period—Division 3 of Part 6; and (b) the infrastructure charge for that infrastructure service does not exceed the charge for that infrastructure service determined or approved in accordance with Division 2 or 3 of Part 6, as applicable.

Civil penalty: 200 penalty units.

(3) Except as expressly authorised by these Rules, a Part 7 operator must not, after the application period for the operator, levy an infrastructure charge relating to an infrastructure service provided by the operator to a customer unless: (a) the operator’s infrastructure charges have been approved or determined in accordance with Part 7; and (b) the infrastructure charge for that infrastructure service does not exceed the maximum charge for that infrastructure service approved or determined in accordance with Part 7.

Civil penalty: 200 penalty units