Document ID: chunk:federal_register_of_legislation:C2014C00368:section:47:p2
Version: federal_register_of_legislation:C2014C00368
Segment Type: section
Provision Reference: s 47 (pt 2/2)
Character Range: 40250–42181

determination.
 (9) The Authority may make a determination only if:
 (a) the Minister has approved it; or
 (b) the period within which the Minister may give a notice to the Authority under subsection (6) has expired without the Minister having given such a notice.
 (10) Where the Minister receives from the Authority a copy of a report under section 95P of the Competition and Consumer Act 2010 in relation to the supply of services or facilities to which the proposed determination relates, the Minister may, in the notice under subsection (6), disapprove the proposed determination and substitute a fresh determination.
 (11) A determination so substituted has effect as if it had been made by the Authority in accordance with subsection (9).
 (12) The amount or rate of a charge must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matters to which the charge relates and must not be such as to amount to taxation.
 (13) A determination is to be made public in such manner as the Authority thinks appropriate.
 (14) Subject to subsection (15), where a charge is not paid within the period determined by the Authority, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due and payable, and compounded.
 (15) The penalty must not exceed a penalty equivalent to 1.5%, or such other percentage as is prescribed, of the unpaid amount of the charge for each month or part of a month during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded.
 (16) Subsection (15) does not require the penalty to be calculated on a monthly basis.
 (17) Charges and penalties may be recovered as debts due to the Authority.