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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 58
Reduction of excessive costs etc.
(1) The Minister may, by written instrument, formulate principles that are to
be applied in determining the extent (if any) to which costs, allowances or
opportunity costs of a kind mentioned in subparagraph (b)(i), (ii) or (iii) of
the definition of avoidable costs in subsection 57(2) are to be treated as
excessive for the purposes of subsection (2) of this section.
(2) For the purposes of the calculation of the formula in subsection 57(2) in
relation to a particular financial year, if:
(a) any of the following
conditions are satisfied:
(i) a person has incurred costs of a kind mentioned
in subparagraph (b)(i) of the definition of avoidable costs in
subsection 57(2);
(ii) a person has made allowances of a kind mentioned in subparagraph
(b)(ii) of that definition;
(iii) a person has opportunity costs of a kind mentioned in subparagraph
(b)(iii) of that definition; and
(b) the costs, allowances or
opportunity costs are treated, under the principles in force under
subsection (1), as excessive to any extent;
the amount of the costs,
allowances or opportunity costs, as the case may be, is to be reduced
by the amount of the excess.
(3) An instrument under subsection (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901 .
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