SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 92BW What are withdrawal costs

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 92BW

92BW What are withdrawal costs

(1)
"Withdrawal costs" , for Allconnex or a withdrawn council, are costs it has incurred, or will incur, because of any of the following—

(a) it becoming, or ceasing to be, a service provider;

(b) a withdrawn council’s commercialisation of a significant business or creation of a commercial business unit under section 92AJ ;

(c) the retransfer scheme;

(d) the retransfer;

(e) complying with any retransfer document;

(f) Allconnex’s dissolution;

(g) any matter consequential or incidental to a matter mentioned in paragraphs (a) to (f) ;

(h) any other matter relating to the matters mentioned in paragraphs (a) to (g) prescribed under a regulation.

(2) However, withdrawal costs do not include costs—

(a) for anticipated or actual revenue or profits; or

(b) for a failure to realise anticipated savings; or

(c) that a withdrawn council incurred from the beginning of 1 July 2012 in relation to the retransfer staff support framework; or

(d) that a withdrawn council (or any of its predecessors) would ordinarily incur as a service provider or local government had this Act never been enacted; or

(e) of a type prescribed under a regulation.

(3) In this section—


"costs" includes—

(a) loss or damage; and

(b) costs that Allconnex or a withdrawn council has incurred or will incur for services they provide for themselves.