Document ID: chunk:federal_register_of_legislation:F2020C00877:reg:15:p2
Version: federal_register_of_legislation:F2020C00877
Segment Type: reg
Provision Reference: reg 15 (pt 2/3)
Character Range: 46333–48988

before the day the schedule of charges comes into effect.
Civil penalty: 200 penalty units.

Infrastructure operator—adoption of new schedule of charges updating rule 9A charges only
 (5) For subrules (3) and (4), if the schedule of charges is one to which subrule 11(4) applies, the infrastructure operator:
 (a) is taken to comply with paragraphs (3)(a) and (4)(a) if it gives a copy of the schedule of charges, or a notice setting out the details of the changes, to each customer with the next invoice it gives to the customer after adopting the schedule of charges; and
 (b) is taken to comply with paragraphs (3)(b) and (4)(b) if it publishes the schedule of charges on a publicly accessible part of the operator's website as soon as practicable after adopting the schedule of charges.

Person other than an infrastructure operator—adoption of schedule of charges under rule 12
 (6) A person who adopts a schedule of charges under subrule 12(1) must, at least 25 business days before the day the schedule of charges comes into effect for the person who levies the charges:
 (a) cause the schedule of charges to be published on a publicly accessible part of the person's website, or a publicly accessible part of the website of:
 (i) the person who determined the charge; or
 (ii) the agency or person to whom the charge is payable; or
 (iii) the agency or person on whose behalf the charges are collected; and
 (b) ensure that the schedule of charges is made available at its principal place of business, or the principal place of business of:
 (i) the person who determined the charge; or
 (ii) the agency or person to whom the charge is payable; or
 (iii) the agency or person on whose behalf the charges are collected.
Note: Section 12 of the Act limits the types of agencies of the Commonwealth or of a State that can be liable to be subject to civil proceedings for a civil penalty or given an infringement notice, and exempts the Crown entirely.
Civil penalty: 200 penalty units.

Where publication or distribution delayed by determination or approval requirements
 (7) If:
 (a) a schedule of charges adopted by a person includes charges that are required to be determined or approved by a State Agency or the ACCC; and
 (b) the timing of the determination or approval of the charges prevents the person from performing the actions required by subrule (3), (4) or (6) within the specified times;
the person is taken to comply with the relevant subrule if the person performs the required actions as soon as practicable after the charges are determined or approved.

Part 6—Approval or determination of infrastructure charges of Part 6 operators