The Reference Tariff
Policy should, wherever the Relevant Regulator considers appropriate, contain
a mechanism (an Incentive Mechanism ) that permits the Service Provider to
retain all, or any share of, any returns to the Service Provider from the sale
of the Reference Service:
during an Access Arrangement Period, that exceed the level of returns expected
for that Access Arrangement Period; or
during a period (commencing at the start of an Access Arrangement and
including two or more Access Arrangement Periods) approved by the Relevant
Regulator, that exceed the level of returns expected for that period,
particularly where the
Relevant Regulator is of the view that the additional returns are attributable
(at least in part), to the efforts of the Service Provider. Such additional
returns may result, amongst other things, from lower Non Capital Costs or
greater sales of Services than forecast.
[Section 8.44 inserted: Gazette 23 January 2002 p.