Document ID: chunk:federal_register_of_legislation:F2020C00877:reg:9:p2
Version: federal_register_of_legislation:F2020C00877
Segment Type: reg
Provision Reference: reg 9 (pt 2/2)
Character Range: 24382–26604

explaining why the ACCC has been unable to make the decision within that period:
that period is extended, or further extended, by a period of 10 business days.
 (9) The ACCC must refuse to grant the exemption if it is not satisfied that disclosure of details of the infrastructure charges under the proposed contract would have a material financial loss for, or material detriment to, the infrastructure operator or the customer.
 (10) The ACCC must give notice in writing of its decision on an application under this rule to the customer and infrastructure operator and, if it refuses to grant the exemption, must include in the notice the reasons for its refusal.
 (11) If the ACCC has not either granted, or refused to grant, an exemption sought in an application under this rule within the period of 30 business days, or within that period as extended or further extended under subrule (8), after receipt of the application, the exemption is to be taken to have been granted at the expiration of that period.
 (12) If the ACCC grants an exemption under this rule, the ACCC must, subject to rule 55, publish on the ACCC's website a notice to the effect that the exemption has been granted.
 (13) If, under this rule, an exemption is granted in respect of a contract, or proposed contract:
        (a) the operator must not include the infrastructure charges under the contract in its schedule of charges; and
        (b) if the ACCC is aware that an exemption is granted under this rule, the ACCC must not include those infrastructure charges in any matter that it publishes on its website.
 (13A) Despite subrule (13), if the ACCC grants an exemption under this rule in relation to an application made on or after 1 July 2020, the infrastructure operator must, within 12 months after the day on which the exemption is granted, include the following information in its schedule of charges:
 (a) a statement that the exemption has been granted under this rule;
 (b) the name of the customer or customers;
 (c) the time period of the contract or contracts;
 (d) the infrastructure service to which the charge exempt from disclosure relates.
 (14) In this rule:
customer also includes prospective customer, where relevant.