Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, the Authority may make determinations:
(a) fixing charges and specifying the persons by whom, and the times when, the charges are payable; and
(b) fixing the penalty for the purposes of subsection ( 14).
(2) This section has effect subject to Part VIIA of the Competition and Consumer Act 2010 .
(3) Before making a determination, the Authority must give the Minister notice in writing of the proposed determination:
(a) specifying the day from which the determination is intended to operate; and
(b) if it fixes a charge or penalty--specifying the basis of the charge or penalty; and
(c) if it varies a charge or penalty--specifying the reason for the variation.
(4) Where the Authority receives:
(a) a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates; or
(b) a notice under section 95ZJ of that Act withdrawing such a notice;
the Authority must inform the Minister in writing of the notice and its contents.
(5) Where the Authority is given, under section 95P of the Competition and Consumer Act 2010 , a report of an inquiry held under that Act in relation to the supply of services or facilities by the Authority, it must give a copy of the report to the Minister.
(6) The Minister may, within the period referred to in subsection ( 7), give the Authority notice in writing approving or disapproving the proposed determination, but in doing so, the Minister must have regard to the duties and responsibilities of the Authority.
(7) The period within which the Minister may give a notice is:
(a) if the Authority has received a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates--within 30 days after the Minister receives from the Authority:
(i) a notice under subsection ( 4) that the Authority has received a notice under section 95ZJ of that Act; or
(ii) a copy of the report given to the Authority under section 95P of that Act in relation to the supply of services or facilities concerned; or
(b) in any other case--within 60 days after the Minister receives a notice of the proposed determination.
(8) A notice under subsection ( 6) disapproving a proposed determination may recommend an alternative determination.
(9) The Authority may make a determination only if:
(a) the Minister has approved it; or
(b) the period within which the Minister may give a notice to the Authority under subsection ( 6) has expired without the Minister having given such a notice.
(10) Where the Minister receives from the Authority a copy of a report under section 95P of the Competition and Consumer Act 2010 in relation to the supply of services or facilities to which the proposed determination relates, the Minister may, in the notice under subsection ( 6), disapprove the proposed determination and substitute a fresh determination.
(11) A determination so substituted has effect as if it had been made by the Authority in accordance with subsection ( 9).
(12) The amount or rate of a charge must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matters to which the charge relates and must not be such as to amount to taxation.
(13) A determination is to be made public in such manner as the Authority thinks appropriate.
(14) Subject to subsection ( 15), where a charge is not paid within the period determined by the Authority, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due and payable, and compounded.
(15) The penalty must not exceed a penalty equivalent to 1.5%, or such other percentage as is prescribed, of the unpaid amount of the charge for each month or part of a month during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded.
(16) Subsection ( 15) does not require the penalty to be calculated on a monthly basis.
(17) Charges and penalties may be recovered as debts due to the
Authority.