Tasmanian Consolidated Regulations

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ELECTRICITY SUPPLY INDUSTRY (PRICING AND RELATED MATTERS) REGULATIONS 2023 - REG 26

Cost of investigations and approvals
(1)  In this regulation, each of the following is a relevant activity of the Regulator in respect of the Hydro-Electric Corporation or an authorised retailer:
(a) the conduct and reporting of a compliance investigation for the purposes of regulation 22 and the giving, or publication, of any notice required under these regulations to be given in relation to such an investigation or report;
(b) the making or revocation of an approval under section 43M(1) or (4) of the Act and the publishing of a copy of the approval or revocation.
(2)  The Regulator may send –
(a) a notice of expenses to the Hydro-Electric Corporation in relation to a relevant activity of the Regulator; and
(b) a notice of expenses to an authorised retailer, but only if subregulation (4) applies in relation to the authorised retailer.
(3)  A notice of expenses to the Hydro-Electric Corporation, or an authorised retailer, is a notice specifying –
(a) the amount of the expenses determined by the Regulator to be payable by the Hydro-Electric Corporation, or the authorised retailer, in respect of all or part of the expenses, reasonably incurred by the Regulator, arising from a relevant activity of the Regulator; and
(b) the date on or before which the expenses are to be paid by the Hydro-Electric Corporation or the authorised retailer.
(4)  If the Regulator has determined under these regulations that an approval to which a compliance investigation, conducted pursuant to a request under regulation 22(1) from an authorised retailer, relates, is not required to be made, the costs of the conduct and reporting of the compliance investigation and the giving, or publication, of any notice required under these regulations to be given in relation to such an investigation or report –
(a) may be specified in a notice of expenses issued to the authorised retailer; and
(b) may not be included in a notice of expenses issued to the Hydro-Electric Corporation.
(5)  A date specified in a notice to the Hydro-Electric Corporation or an authorised retailer in accordance with subregulation (3)(b) is not to be earlier than 30 days after the notice is sent to the Hydro-Electric Corporation or the retailer.
(6)  If a notice of expenses is sent to the Hydro-Electric Corporation or an authorised retailer, the Hydro-Electric Corporation or the authorised retailer, respectively, is liable to pay, to the Regulator, on or before the date specified in the notice as the date by which the amount is to be paid, the amount of the expenses specified in the notice.
(7)  The Regulator may recover in a court of competent jurisdiction, as a debt due and owing, an amount that the Hydro-Electric Corporation or an authorised retailer is liable to pay under subregulation (6) .


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