Document ID: chunk:federal_register_of_legislation:F2020C00877:reg:72:p2
Version: federal_register_of_legislation:F2020C00877
Segment Type: reg
Provision Reference: reg 72 (pt 2/2)
Character Range: 99978–102352

the amount for paragraph (1)(a).
 (3) When calculating A, C and D, the following must be excluded:
 (a) any amount in respect of a service for the storage of water;
 (b) any amount of GST;
 (c) any charge that reflects the costs of physically connecting, or physically disconnecting, the customer from the operator's water services infrastructure;
 (d) if a fee payable under a contract is approved under rule 73—any amount payable under the contract in respect of the recovery of expenditure on capital works relating to the operator's water services.
 (4) In calculating A and C, subject to subrule (5), the relevant infrastructure charges are those specified in the schedule of charges that is in effect on the following dates:
 (a) if the calculation is in relation to an amount of a general termination fee that will be specified in a termination information statement under rule 74—the date the information request is received;
 (b) if the calculation is for the purposes of subrule 71(6)—the date of the termination or surrender;
 (c) if the calculation is for the purposes of subrule 71(7)—the date the operator gives the notice of termination to the terminating customer.
Note 1: Subrule 71(6) relates to a termination or surrender taking effect on a date that was specified in the notice and is more than 6 months after the date of the notice.
Note 2: Subrule 71(7) relates to a termination by the operator because of a breach of contract by the customer.
 (5) However, if:
 (a) paragraph (4)(a) applies; and
 (b) a different schedule of charges had been in effect for the operator on the day that is 25 business days before the information request was received; and
 (c) using that earlier schedule of charges would produce a lesser maximum amount under subrule (2);
the relevant infrastructure charges are those specified in that earlier schedule of charges.
 (6) Despite subrule (1), if GST is payable in respect of a taxable supply relating to the termination or surrender of the whole or a part of a right of access:
 (a) the termination fee levied by the infrastructure operator may be increased by an amount not exceeding the GST payable in respect of that taxable supply; and
 (b) the fee determined in accordance with a contract referred to in paragraph (1)(b) may be increased by an amount not exceeding the GST payable in respect of that taxable supply.