Document ID: chunk:federal_register_of_legislation:F2020C00877:reg:3:p4
Version: federal_register_of_legislation:F2020C00877
Segment Type: reg
Provision Reference: reg 3 (pt 4/5)
Character Range: 15245–17588

means:
 (a) a customer who terminates or surrenders the whole or a part of a right of access by notice in writing given to the infrastructure operator; or
 (b) a customer whose right of access is terminated by the infrastructure operator:
 (i) by notice in writing given in accordance with the contract or arrangement applicable to that right; and
 (ii) on grounds that the customer is in breach of their obligations under the contract or arrangement.
termination fee: see rule 71.
termination information statement: see subrule 74(5).
trade has the same meaning as in the Basin Plan 2012.
Note: See subsections 1.07(2) and (3) of the Basin Plan 2012.
Note 1: Section 146 of the Act provides that if the words 'civil penalty' and one or more amounts in penalty units (for example, 'Civil Penalty: 200 penalty units') are set out at the foot of a provision in the rules, the provision is a civil penalty provision for the purposes of the Act (see Division 4 of Part 8 of the Act).
 Subsection 147(3) of the Act provides that the pecuniary penalty for a contravention of a civil penalty provision must not exceed:
(a) if the wrongdoer is an individual—the relevant amount specified for the civil penalty provision; or
(b) otherwise—an amount equal to 5 times the amount of the relevant amount specified for the civil penalty provision.
Note 2: Penalty unit is defined in section 4AA of the Crimes Act 1914.
 (2) A reference in these Rules to a water access entitlement includes a reference to a perpetual or ongoing entitlement, by or under a law of a State, to a share of the Basin water resources as if the entitlement were a water access entitlement.
 (3) In these Rules, where an infrastructure operator is required to give a copy of a document, such as its schedule of charges, to its customers:
 (a) the relevant document may be given to any customer in electronic form; and
 (b) the document may be sent in different forms, or by different mediums, to different customers; and
 (c) if the document is sent by post or an electronic medium, it is taken to be given on the day that it is posted or otherwise sent.
Example: The relevant document may be provided by fax, email or text message, including by attaching the document to an email or referring, in an email or text message, the customer to a website where the document can be found.