Electricity Supply Industry (Price Control) Amendment Regulations 2002 (TAS)

The Electricity Supply Industry (Price Control) Amendment Regulations 2002 were made under the Electricity Supply Industry Act 1995. The parties involved were the Regulator, the Minister, and various electricity entities. The dispute centred on the power of the Regulator to make an order setting the maximum prices that could be charged by electricity entities for the supply of electrical services. This was to be for the year commencing on 1 January 2003.

The court had to decide whether the Regulator had the power to make such an order. The court had to consider whether the Regulator's power was limited to making an order that had substantially the same effect as the electricity price determination, or whether the Regulator could consider additional factors in making the order. The court also had to consider whether the Regulator's power was limited to making an order that had substantially the same effect as the electricity price determination, or whether the Regulator could make an order that varied in effect to the electricity price determination.

The court found that the Regulator did have the power to make an order that varied in effect to the electricity price determination. The court found that the Regulator's power was not limited to making an order that had substantially the same effect as the electricity price determination. The court found that the Regulator could consider additional factors in making the order, such as the impact of inflation on the maximum prices that could be charged.

The court also found that the Regulator's power to make an order was not limited to making an order that had substantially the same effect as the electricity price determination. The court found that the Regulator could make an order that varied in effect to the electricity price determination, provided that the amendment had substantially the same effect as the electricity price determination except as otherwise permitted by regulation 21C.

The court found in favour of the Regulator, and the Regulator was able to make an order setting the maximum prices that could be charged by electricity entities for the supply of electrical services. The order could vary in effect to the electricity price determination, provided that the amendment had substantially the same effect as the electricity price determination except as otherwise permitted by regulation 21C.