Document ID: chunk:federal_register_of_legislation:C2014C00368:section:47:p1
Version: federal_register_of_legislation:C2014C00368
Segment Type: section
Provision Reference: s 47 (pt 1/2)
Character Range: 37778–40493

47  Charges for services and facilities
 (1) Subject to this section, the Authority may make determinations:
 (a) fixing charges and specifying the persons by whom, and the times when, the charges are payable; and
 (b) fixing the penalty for the purposes of subsection (14).
 (2) This section has effect subject to Part VIIA of the Competition and Consumer Act 2010.
 (3) Before making a determination, the Authority must give the Minister notice in writing of the proposed determination:
 (a) specifying the day from which the determination is intended to operate; and
 (b) if it fixes a charge or penalty—specifying the basis of the charge or penalty; and
 (c) if it varies a charge or penalty—specifying the reason for the variation.
 (4) Where the Authority receives:
 (a) a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates; or
 (b) a notice under section 95ZJ of that Act withdrawing such a notice;
the Authority must inform the Minister in writing of the notice and its contents.
 (5) Where the Authority is given, under section 95P of the Competition and Consumer Act 2010, a report of an inquiry held under that Act in relation to the supply of services or facilities by the Authority, it must give a copy of the report to the Minister.
 (6) The Minister may, within the period referred to in subsection (7), give the Authority notice in writing approving or disapproving the proposed determination, but in doing so, the Minister must have regard to the duties and responsibilities of the Authority.
 (7) The period within which the Minister may give a notice is:
 (a) if the Authority has received a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates—within 30 days after the Minister receives from the Authority:
 (i) a notice under subsection (4) that the Authority has received a notice under section 95ZJ of that Act; or
 (ii) a copy of the report given to the Authority under section 95P of that Act in relation to the supply of services or facilities concerned; or
 (b) in any other case—within 60 days after the Minister receives a notice of the proposed determination.
 (8) A notice under subsection (6) disapproving a proposed determination may recommend an alternative 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