Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) ICRC must, in writing, adopt technical and prudential criteria for determining whether a utility, or an applicant for a licence, has the capacity—
(a) to comply with licence conditions; and
(b) to operate a viable business as licensee.
(2) ICRC must, on request in writing by a utility, or an applicant or prospective applicant for a licence, give the person particulars of the relevant technical and prudential criteria.
(3) Section 38 applies to a variation of the criteria adopted in relation to a particular utility in the same way as it applies to a variation of a licence.