Independent Competition and Regulatory Commission Act 1997 (ACT)
Independent Competition and Regulatory Commission Act 1997
A1997-77
Republication No 28
Effective: 19 December 2024
Republication date: 19 December 2024
Last amendment made by A2024‑25
About this republication
The republished law
This is a republication of the Independent Competition and Regulatory Commission Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 December 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 December 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Independent Competition and Regulatory Commission Act 1997
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
2A Notes 2
2B Joint ownership, control or operation 2
3 Joint provision of services 2
3A Who is a referring authority? 3
4 Regulated industries—declarations 4
4A National electricity rules—electricity distribution and transmission pricing 4
4B ACT gas transmission service pricing 5
4C Declared fees to be passed on to consumers 6
Part 2 Independent competition and regulatory commission
5 Establishment 7
6 Constitution 7
7 Objectives 8
8 Functions 8
9 Commission’s annual report 9
10 Independence from Ministerial control 10
10A Chief executive officer 10
10B Chief executive officer’s functions 11
11 Commission’s staff 12
12 Arrangements with other agencies, bodies and people 12
13 Delegation of commission’s functions 13
14 Protection from liability 13
Part 3 Investigations
Division 3.1 Industry references
14A Application of div 3.1-–industry references 14
15 Nature of industry references 14
15A Industry references—current price directions 15
16 Terms of industry references 15
17 Procedure for industry reference investigations 16
18 Draft reports––industry reference investigations 18
19 Costs for industry reference investigations 19
Division 3.2 Regulatory references
19A Application of div 3.2––regulatory references 20
19B Acceptance of regulatory references—competitive neutrality complaints 20
19C Acceptance of regulatory references—government‑regulated activities 21
19D Regulatory references initiated by commission 22
19E Terms of regulatory references 22
19F Amendment of terms of regulatory reference 23
19G Termination of investigations into regulatory references 23
19H Procedure for regulatory reference investigations 24
19J Principles for regulatory reference investigations 25
19K Costs for regulatory reference investigations 25
Part 4 Price directions
19L Objective—pt 4 27
20 Directions about prices 27
20A Price regulation provisions 29
20B Reset principles 30
20C Effective dates 31
20D Price direction to continue to remain in force 31
Part 4A Reports of investigations
21 Final reports 32
22 Special reports 33
23 Confidential material in reports 33
24 Presenting of reports to Legislative Assembly 34
24A Response by Minister to report on competitive neutrality complaint 34
24B Correction of errors in reports 34
Part 4B Variation of price directions
Division 4B.1 Consent variations
24C Consent variations 36
Division 4B.2 Nonconsent variations
24D Reference by referring authority 37
24E Reference by utility 37
24F Commission-initiated variation 38
24G Permissible nonconsent variations 39
24H Procedure for nonconsent price variation investigation 39
24I Effect of nonconsent price variations 40
Part 4C Review of price directions
24J Definitions—pt 4C 41
24K Right of review 41
24KA Grounds for review 42
24L Who are the parties to a review? 43
24M Industry panel 43
24MA Application for review—preliminary assessment 43
24N Nature of review 44
24O Procedure for review 45
24OA Application for review—commission’s response 45
24P Referral of matters to commission 46
24Q Witnesses and evidence 46
24R Frivolous or vexatious applications 46
24S Implementation of price direction under review 47
24T Effect of decision 48
24U Functions of commission 48
24V Costs 49
24W Protection from liability of panel members, parties and representatives 49
24X Information to be given to commission following price direction review 50
Part 5 Access agreements
25 Notice of access agreements 51
26 Registration of access agreements 51
27 Investigations into access agreements 52
28 Failure to notify proposals and agreements 52
29 Register of agreements 52
Part 6 Arbitration of access regime disputes
30 Definitions—pt 6 53
31 Application—pt 6 53
32 Access disputes 53
33 Arbitrator—appointment and functions 54
34 Draft determinations 55
35 Arbitration determinations 55
36 Effect of determinations 56
37 Termination of arbitration by parties 56
38 Termination of arbitration by arbitrator 57
39 Variation of determinations 57
40 Arbitration procedure—Commercial Arbitration Act 57
Part 7 Information
41 Provision of information to commission 59
42 Restrictions on publication 60
43 Inspection of documents 60
44 Confidential information—disclosure by commissioners and staff 61
45 Confidential information—notice of proposed disclosure 62
46 Confidential information—general disclosure 63
47 Confidential information—disclosure within the commission 64
48 Cabinet and Executive documents 64
Part 8 Cooperation with commission
49 Requirement to attend hearing and answer questions 65
50Application of Criminal Code, ch 7 65
50A Witnesses etc protected from civil liability 65
Part 9 Enforcement of price directions and arbitration determinations
51 Meaning of direction in pt 9 66
52 Application of pt 9 66
53 Orders 66
54 Injunctions and declarations 67
Part 9A Enforcement of civil penalty provisions
Division 9A.1 Preliminary
54A Definitions—pt 9A 68
54B Part does not limit other powers of court 68
Division 9A.2 Enforceable undertakings
54C Enforceable undertakings 68
54D Application for enforcement of undertakings 68
Division 9A.3 Civil penalty notices
54E Service of civil penalty notice 69
54F Contents of civil penalty notice 69
54G Amount payable under civil penalty notice 71
54H Time for payment of amount 72
54I Effect of payment of amount 72
54J Withdrawal of civil penalty notice 73
54K Conduct contravening multiple civil penalty provisions 73
54L Effect of civil penalty notice on enforcement order proceeding 74
Division 9A.4 Enforcement orders
54M Application for enforcement order 74
54N Deciding civil penalty for enforcement order 76
54O Enforcement order proceeding is civil proceeding 76
54P Proceedings may be heard together 76
54Q Civil proceeding after criminal proceeding 76
54R Criminal proceeding during civil proceeding 77
54S Criminal proceeding after civil proceeding 77
54T Evidence given in civil proceeding not admissible in criminal proceeding 77
54U Conduct contravening multiple civil penalty provisions 78
54V Multiple contraventions 78
Division 9A.5 Injunctions
54W Application for injunction 78
54X Discharging or varying injunctions 79
Division 9A.6 Other provisions about liability
54Y Meaning of evidential burden—div 9A.6 79
54Z Ancillary contraventions 79
54ZA State of mind 80
54ZB Mistake of fact 80
54ZC Burden of proof for exceptions etc 81
54ZD Extended liability of corporations 81
54ZE Limited liability of individuals 81
Part 10 Miscellaneous
54ZF Exercise of enforcement functions under Utilities Act 2000 82
55 Acts and omissions of representatives 82
56 Service of documents 83
57 Approved forms 83
58 Regulation-making power 84
Schedule 1 Competition principles agreement extracts 85
Schedule 2 Commission appointments and working arrangements 89
2.1 Standing commissioners 89
2.1AA Arrangements if more than 1 standing commissioner 89
2.1A Associate commissioners 90
2.1B Qualifications 90
2.1C Terms of office 90
2.1E Arrangement of business 91
2.1F Exercise of powers 92
2.1G Decision-making 92
2.2 Disclosure of interests 92
2.3 Remuneration and allowances 93
2.4 Resignation 93
2.5 Removal from office 93
Schedule 3 Industry panels constitution and procedure 95
3.1 Appointment of members of industry panels 95
3.2 Qualifications 96
3.4 Remuneration and allowances 96
3.5 Presiding member 96
3.6 Decision-making 97
3.7 Disclosure of interests 97
3.8 Resignation 98
3.9 Removal from office 98
Schedule 4 Arbitration guidelines––competition principles agreement, cl 6 (4) (i), (j) and (l) 100
4.1 Terms and conditions for access—competition principles agreement, cl 6 (4) (i) 100
4.2 Extension of infrastructure—competition principles agreement, cl 6 (4) (j) 101
4.3 Impeding of existing rights—competition principles agreement, cl 6 (4) (l) 101
Schedule 5 Civil penalty provisions 102
5.1 Definitions—sch 5 102
5.2 Meaning of tier 1 civil penalty, tier 2 civil penalty and tier 3 civil penalty—sch 5 102
5.3 Civil penalty provisions 104
Dictionary109
Endnotes
1 About the endnotes 117
2 Abbreviation key 117
3 Legislation history 118
4 Amendment history 123
5 Earlier republications 137
Independent Competition and Regulatory Commission Act 1997
An Act to establish an independent commission to regulate pricing, access and other matters in relation to industries involving the provision of water, electricity and sewerage services, and other industries, and to investigate competitive neutrality complaints and government-regulated activities
Part 1Preliminary
Name of Act
This Act is the Independent Competition and Regulatory Commission Act 1997.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘industry reference—see section 14A.’ means that the term ‘industry reference’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
2BJoint ownership, control or operation
A reference in this Act to a person who owns, controls or operates infrastructure facilities includes a reference to each of 2 or more people who jointly own, control or operate infrastructure facilities.
Joint provision of services
A reference in this Act to a person who provides services includes a reference to each of 2 or more people who jointly provide services.
3AWho is a referring authority?
(1)For an industry reference, the referring authority is as follows:
(a)for an industry engaged in the provision in the ACT of electricity, water or sewerage services—the Minister;
(b)for an industry engaged in the provision in the ACT of gas services—the Minister;
(c)for any other regulated industry—the Minister who has, under section 4, declared that industry to be regulated;
(d)for regulated industries in general—the Minister;
(e)for another industry, or industries in general—the Minister;
(f)for a reference provided for by another law of the Territory—the person authorised under that law to refer a matter to the commission.
(2)For a regulatory reference, the referring authority may be any of the following:
(a)the Minister responsible for the relevant government activity;
(b)a member of the Legislative Assembly;
(c)the commission;
(d)any other person.
(3)For a regulatory reference, a self-funding referring authority may be either of the following:
(a)a member of the Legislative Assembly whose reference is not sponsored by the Territory (under section 19K (4));
(b)any other person (other than a Minister or the commission).
Regulated industries—declarations
(1)Any Minister may declare an industry to be a regulated industry for this Act.
(2)A Minister may make a declaration under subsection (1) if the Minister certifies that—
(a)the industry infrastructure facilities are in whole or in part owned, controlled or operated by the Territory or a territory authority; or
(b)the industry involves the provision of services in the ACT in whole or in part by or on behalf of the Territory or a territory authority; or
(c)the industry infrastructure facilities are wholly or substantially owned, controlled or operated by a single person; or
(d)the industry involves the provision of services in the ACT wholly or substantially by or on behalf of a single person.
(3)A declaration under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
4ANational electricity rules—electricity distribution and transmission pricing
(1)On and after the day when ACT distribution service pricing becomes regulated under the national electricity rules, no reference may be made under this Act for a price regulation investigation into that service.
(2)However, a provision of a price direction for a matter related to ACT distribution service pricing that is in force on the day when prices for the service become regulated under the national electricity rules continues in force (subject to the direction) after that day until the jurisdictional regulator makes a direction about that matter.
(3)No reference may be made under this Act for a price regulation investigation into ACT transmission service pricing.
(4)In this section:
ACT distribution service means a distribution service within the meaning given by the national electricity rules for distribution networks (within the meaning of the rules) situated in the ACT.
ACT transmission service means a transmission service within the meaning given by the national electricity rules for transmission networks (within the meaning of the rules) situated in the ACT.
jurisdictional regulator means the commission in its capacity as jurisdictional regulator under the national electricity rules.
Note 1The day when distribution service pricing will become regulated under the national electricity rules is fixed at 31 December 2000 (by the ACT derogation under the rules), but may be changed under the derogation.
Note 2The day when transmission service pricing became regulated under the national electricity rules was fixed at 1 July 1999 (by the ACT derogation under the rules).
4BACT gas transmission service pricing
(1)No reference may be made under this Act for a price regulation investigation into ACT gas transmission service pricing.
(2)No reference may be made under this Act for a price regulation investigation into ACT gas distribution service pricing.
(3)In this section:
ACT gas distribution service means a distribution service provided by means of a natural gas distribution pipeline.
ACT gas transmission service means a transmission service provided by means of a natural gas transmission pipeline.
distribution pipeline—see the National Gas (ACT) Law, section 2.
transmission pipeline—see the National Gas (ACT) Law, section 2.
4CDeclared fees to be passed on to consumers
(1)The Minister may declare that—
(a)a statutory fee affects the cost of providing a utility service and may be passed on in full to consumers of the service; or
(b)a fee for a regulated service is to be passed on in full to consumers of the service.
(2)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3)In this section:
statutory fee means a fee or charge determined under a disallowable instrument.
Part 2Independent competition and regulatory commission
Establishment
(1)The Independent Competition and Regulatory Commission for the Australian Capital Territory is established.
(2)The commission—
(a)is a body corporate with perpetual succession; and
(b)must have a common seal; and
(c)may acquire, hold and dispose of real and personal property; and
(d)may sue and be sued in its corporate name.
(3)The common seal of the commission must be kept in the custody that the commission directs and must not be used except as authorised by the commission.
Constitution
(1)The commission is constituted by—
(a)1 or more standing commissioners; and
(b)any associated commissioners appointed for particular purposes.
(2)Schedule 2 has effect in relation to the following:
(a)appointments of commissioners;
(b)the arrangement of business of the commission;
(c)decision-making and exercise of powers by the commission;
(d)related matters.
Objectives
The commission has the following objectives in relation to regulated industries, access regimes, competitive neutrality complaints and government-regulated activity:
(a)to promote effective competition in the interests of consumers;
(b)to facilitate an appropriate balance between efficiency and environmental and social considerations;
(c)to ensure non-discriminatory access to monopoly and near-monopoly infrastructure.
Functions
(1)The commission has the following functions in relation to regulated industries:
(a)the provision of price directions;
(b)the provision of recommendations about price regulation;
(c)the provision of advice to the Minister about proposed access agreements;
(d)the maintenance of a register of access agreements;
(e)the arbitration of disputes about access to services under access regimes;
(f)investigation and reporting on matters referred by the Minister and other referring authorities;
(g)any other function given by or under any of the following:
(i)the Utilities Act 2000;
(ii)the National Electricity (ACT) Law;
(iii)the National Electricity (ACT) Regulation;
(iv)the national electricity rules;
(v)the National Gas (ACT) Law;
(vi)the National Gas (ACT) Regulation;
(vii)the National Energy Retail Law (ACT) Act 2012;
(viii)the National Energy Retail Law (ACT);
(ix)the National Energy Retail Regulation (ACT);
(x)the national energy retail rules;
(xi)another law of the Territory.
(2)The commission has the following additional functions:
(a)investigating and reporting on competitive neutrality complaints;
(b)investigating and reporting on government-regulated activities.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).
Commission’s annual report
A report prepared by the commission under the Annual Reports (Government Agencies) Act 2004 for a financial year must include details of the following during the year:
(a)investigations;
(b)final reports and special reports;
(c)price directions;
(d)advice about proposed access agreements;
(e)the number of access agreements notified;
(f)arbitration disputes;
(g)determinations of arbitration disputes;
(h)the number of notices issued under section 41 (Provision of information to commission);
(i)the general use made by the commission of information and documents obtained as a result of notices issued under section 41;
(j)any other functions exercised by the commission.
NoteFinancial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
Independence from Ministerial control
Except as provided by this or any other law of the Territory, the commission is not subject to the direction or control of the Minister or any other referring authority.
10AChief executive officer
(1)The director-general must appoint a public servant as the Chief Executive Officer of the commission.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(2)However, the director-general must not appoint the chief executive officer unless the director-general has consulted the commission about the proposed appointment.
10BChief executive officer’s functions
(1)The chief executive officer has the following functions:
(a)ensuring, as far as practicable, that the commission’s statement of intent is implemented effectively and efficiently;
(b)managing the day-to-day operations of the commission secretariat in accordance with—
(i)applicable governmental policies (if any) for the commission; and
(ii)the policies set by the commission (if any); and
(iii)each legal requirement that applies to the commission;
(c)regularly advising the commission about the commission’s operation and financial performance.
Example for par (b) (iii)
a direction given to the commission under the Utilities Act 2000, section 19
(2)In this section:
applicable governmental policies—see the Financial Management Act 1996, section 103.
commission secretariat means—
(a)the chief executive officer; and
(b)the other staff of the commission.
statement of intent—see the Financial Management Act 1996, section 61 (1).
Commission’s staff
(1)The chief executive officer may employ staff for the commission on behalf of the Territory.
(2)The commission’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
Arrangements with other agencies, bodies and people
(1)The commission may enter into arrangements with any government agency or with any other body or person (whether in the public or private sector)—
(a)for the agency, body or person to assist the commission in relation to investigations or the exercise of other functions of the commission; or
(b)for the commission to assist the agency, body or person by providing services within the commission’s field of expertise and relevant to its functions.
(2)The commission must not enter into an arrangement to assist an agency, body or person without the Minister’s written approval.
(3)In entering into an arrangement to assist an agency, body or person, the commission must ensure that the provision of the assistance does not interfere with the ability of the commission to exercise its functions.
(4)The commission may engage consultants to assist it in exercising its functions.
(5)The commission may charge an agency, body or person for the provision of assistance by the commission.
Delegation of commission’s functions
(1)The commission may delegate its functions to any person or committee of people, subject to subsection (2).
Note 1A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Note 2For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)However, the commission must not delegate—
(a)its function of making price directions, reports or providing advice about proposed access agreements; and
(b)if the commission is conducting an arbitration—its function of making a determination in relation to the arbitration.
Protection from liability
(1)A person is not personally liable for anything done, or omitted to be done, honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the act was in the exercise of a function under this Act.
(2)Any liability that would, apart from this section, attach to a person attaches instead to the Territory.
Part 3Investigations
Division 3.1 Industry references
14AApplication of div 3.1-–industry references
This division applies to a reference to the commission (an industry reference) for an investigation into an industry, or industry in general.
Nature of industry references
(1)A referring authority may provide an industry reference to the commission in relation to any of the following matters:
(a)prices for regulated services;
(b)competition within a regulated industry;
(c)any other matter in relation to a regulated industry;
(d)any matter in relation to regulated industries in general;
(e)any other matter in relation to an industry, or industries in general;
(f)any matter provided for by another law of the Territory.
(2)An industry reference may limit the scope of the investigation and report to a particular aspect of the regulated industry, or to a particular period during which the industry has been operating, or in any other matter.
(3)An industry reference that authorises the commission to make a price direction may state the period the price direction is to apply.
(4)If an industry reference mentioned in subsection (3) does not state the period the price direction is to apply, the commission must determine the period.
(5)An industry reference that authorises the commission to make a price direction about maximum prices for the sale of energy to small customers (however described) may state the NERL retailer to whom the direction is to apply.
(6)An industry reference may relate to a number of goods or services supplied by the same or different suppliers.
(7)An industry reference may be withdrawn or amended by the referring authority at any time before the commission has delivered its report to the person.
(8)If an industry reference is amended or withdrawn, the referring authority must prepare a written notice setting out the reasons for the amendment or withdrawal.
(9)The referring authority must give a copy of the notice to the commission.
(10)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
15AIndustry references—current price directions
If a price direction in relation to regulated services is in force, a referring authority must provide an industry reference to the commission for prices for the regulated services not later than 12 months before the price direction ends.
Terms of industry references
(1)The referring authority may determine terms of reference for an investigation on an industry reference.
(2)The terms of reference may include 1 or more of the following:
(a)a specification of a period within which a report is required to be submitted to the referring authority;
(b)a requirement that the commission consider specified matters;
(c)except in relation to price regulation, the making of a price direction and any related investigation and report—a requirement that the commission exercise its functions subject to any subsequent written direction of the authority;
(d)if the industry reference authorises the commission to make a price direction—a specification, after consultation with the commission, of when a draft report is to be made available for public inspection under section 18 (4).
NoteA draft report into a price regulation investigation must also include a proposed price direction (or variation)—see s 18 (5).
(3)A determination under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4)A referring authority must cause a direction mentioned in subsection (2) (c) to be presented to the Legislative Assembly within 6 sitting days after it is given.
Procedure for industry reference investigations
(1)If the commission receives an industry reference, the commission must conduct an investigation as authorised by the terms of the reference.
(2)For the purpose of conducting an investigation, the commission may—
(a)request submissions from the public or any specified person or body; or
(b)conduct hearings.
(3)Unless the commission otherwise orders, hearings must be open to the public.
(4)In a price regulation investigation, the commission—
(a)must, within 1 month after receiving the industry reference, give each relevant person for the investigation written notice of—
(i)the information it requires from the person in relation to the investigation; and
(ii)the date, decided after consultation with the person, when the person must give the commission the information; and
(b)must invite public submissions and conduct public hearings; and
(c)is not required to hear submissions from every person attending a public hearing.
(5)The commission may, by written notice, require a relevant person to give the commission further stated information during the investigation, by the date decided after consultation with the person stated in the notice.
(6)If a relevant person is required to give information to the commission under this section, the person must give the commission the information by the date stated in the notice.
(7)On an industry reference, the commission is not to question the amount of a declared fee or the basis on which the fee is worked out.
(8)Subject to this Act, the commission may conduct an investigation in any way the commission considers appropriate.
(9)In this section:
relevant person, for a price regulation investigation, means a person who is the subject of the investigation.
Draft reports––industry reference investigations
(1)Before giving the referring authority a final report into an investigation on an industry reference, the commission must prepare a notice—
(a)stating that copies of a draft report into the investigation are available for public inspection and purchase during a stated period of not less than 20 business days at a stated place or places; and
(b)inviting interested people to submit written comments about the draft report to the commission at a stated address and within a stated period of not less than 20 business days.
(2)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)The commission must give additional public notice of the notice.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(4)The commission must make copies of a draft report into an investigation available for public inspection and purchase during office hours during the period, and at the places, specified in the notice.
(5)A draft report into a price regulation investigation must include all of the following:
(a)a proposed price direction (or variation);
(b)a proposed statement of reasons for the direction (or variation) that includes a statement of the extent to which the commission had regard to the matters mentioned in section 20 (2);
(c)any proposed report by a commissioner dissenting from proposed majority findings of the commission.
(6)In preparing its final report of an investigation, the commission must take into consideration any written comments submitted in accordance with the invitation in subsection (1) in relation to the draft report of the investigation.
Costs for industry reference investigations
(1)The reasonable costs of an investigation on an industry reference into a regulated industry, as assessed by the commission and notified to the person who is (or the people who are) to pay the costs, are payable to the commission by—
(a)if the industry is a regulated industry because of its infrastructure facilities being owned, controlled or operated by the Territory or a territory authority—the Territory or territory authority; or
(b)if the industry is a regulated industry because of the provision of services in the industry by or on behalf of the Territory or a territory authority—the Territory or territory authority; or
(c)if the industry is a regulated industry because of the ownership, control or operation of its infrastructure facilities wholly or substantially by a single person—the person who owns, controls or operates the facilities; or
(d)if the industry is engaged in the provision in the ACT of a utility service—the utility or utilities responsible for the provision of the service; or
(e)if the industry is a regulated industry because of the provision of any other services wholly or substantially by or on behalf of a single person—the person who provides those services.
(2)The costs of an investigation payable by a territory authority or a person mentioned in subsection (1) (c) or (d) are a debt owing to the Territory.
(3)Costs payable under subsection (1) include any costs incurred by the commission in obtaining the assistance of any other person, body (whether incorporated or unincorporated) or government agency.
(4)If more than 1 utility is liable to pay costs under subsection (1) (d), the commission must, by written notice to each utility, determine the proportion of those costs to be borne by each utility.
Division 3.2 Regulatory references
19AApplication of div 3.2––regulatory references
This division applies to a reference to the commission (a regulatory reference) for an investigation into a competitive neutrality complaint or a government-regulated activity.
19BAcceptance of regulatory references—competitive neutrality complaints
(1)On a written submission by a referring authority (other than the commission itself) setting out proposed terms of reference for an investigation into a competitive neutrality complaint, the commission may accept the reference in those terms (or in other terms agreed between the commission and the referring authority).
(2)The commission may accept the reference only if—
(a)it considers that that there are legitimate grounds for the complaint; and
(b)it considers that the proposed investigation would be in the public interest, taking into account the competition policy considerations (as set out in schedule 1); and
(c)if the reference is from a self-funding referring authority—the referring authority has the capacity to bear the cost of the investigation.
(3)If the commission accepts the reference, it must prepare a written notice of acceptance that sets out the terms of reference for the investigation.
(4)The commission must give a copy of the notice to the referring authority.
(5)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(6)The commission may also publish information about the reference in any other appropriate way.
19CAcceptance of regulatory references—government‑regulated activities
(1)On a written submission by a referring authority (other than the commission itself) setting out proposed terms of reference for an investigation into a government-regulated activity, the commission may accept the reference in those terms (or in other terms agreed between the commission and the referring authority).
(2)The commission may accept the reference only if—
(a)it considers that the proposed investigation would be in the public interest, taking into account the competition policy considerations (as set out in schedule 1); and
(b)if the reference is from a self-funding referring authority—the referring authority has the capacity to bear the cost of the investigation.
(3)If the commission accepts the reference, it must prepare a written notice of acceptance that sets out the terms of reference for the investigation.
(4)The commission must give a copy of the notice to the referring authority.
(5)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(6)The commission may also publish information about the reference in any other appropriate way.
19DRegulatory references initiated by commission
(1)The commission may initiate a regulatory reference by preparing a notice that sets out the terms of reference for the investigation.
(2)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)The commission may publish information about the reference in any appropriate way.
(4)The commission may only initiate a regulatory reference if it considers that the proposed investigation would be in the public interest, taking into account the competition policy considerations set out in schedule 1.
19ETerms of regulatory references
(1)Terms of reference for a regulatory reference may include (but are not limited to) the following:
(a)a specification of a period within which a final report (and any special report into a specified matter) is required to be given;
(b)a requirement that the commission consider specified matters;
(c)if the referring authority is a Minister—a requirement that the commission exercise its functions subject to any subsequent written direction of the Minister.
(2)The Minister mentioned in subsection (1) (c) must present any direction mentioned in that paragraph to the Legislative Assembly within 6 sitting days after it is given.
19FAmendment of terms of regulatory reference
(1)On application by the referring authority for a regulatory reference, the commission must amend the terms of reference for the regulatory reference.
(2)If the commission is the referring authority for a regulatory reference, it may amend the terms of reference for the regulatory reference.
(3)The commission must—
(a)if it makes an amendment under subsection (1)—give notice of the amendment to the referring authority and, if the referring authority is not a Minister, to the responsible Minister; or
(b)if it makes an amendment under subsection (2)—give notice of the amendment to the responsible Minister.
(4)An amendment under subsection (1) or (2) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(5)The commission may publish an amendment in any other appropriate way.
(6)The commission may publish a special report into the investigation (based on the terms of reference applying immediately before the amendment) after notice of an amendment of the terms of reference has been given under subsection (3).
19GTermination of investigations into regulatory references
(1)On application by the referring authority for regulatory reference, the commission must terminate the investigation.
(2)If the commission is the referring authority for regulatory reference, it may terminate the investigation.
(3)The commission must—
(a)if it makes a termination under subsection (1)—give notice of the amendment to the authority and, if the referring authority is not a Minister, to the responsible Minister; or
(b)if it makes a termination under subsection (2)—give notice of the amendment to the responsible Minister.
(4)A termination under subsection (1) or (2) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(5)The commission may publish a termination in any other appropriate way.
(6)The commission may publish a special report into the investigation after notice of the termination of the investigation has been given under subsection (3).
19HProcedure for regulatory reference investigations
(1)The commission must conduct an investigation on a regulatory reference in accordance with the terms of reference.
(2)For the purpose of conducting an investigation, the commission may do either or both of the following:
(a)request submissions from the public or any specified person or body;
(b)conduct hearings.
(3)Hearings must be open to the public, unless the commission orders otherwise.
(4)Unless otherwise provided by this Act, the commission may conduct an investigation in any way the commission considers appropriate.
19JPrinciples for regulatory reference investigations
(1)The commission must take into account the following matters in conducting a regulatory reference investigation:
(a)for any regulatory reference investigation—the competition policy considerations (set out in schedule 1);
(b)for an investigation into a competitive neutrality complaint—the competitive neutrality principles (set out in schedule 1);
(c)for an investigation into a government-regulated activity—the legislation review principles (set out in schedule 1).
(2)On a regulatory reference, the commission is not to question the amount of a declared fee or the basis on which the fee is worked out.
19KCosts for regulatory reference investigations
(1)A self-funding referring authority must pay the reasonable costs of an investigation on a regulatory reference by the authority, as assessed by the commission and notified to the authority.
(2)The costs of an investigation on a reference by a self-funding referring authority are a debt owing to the Territory.
(3)The Territory must pay the reasonable costs of an investigation on a regulatory reference, as assessed by the commission and notified to the referring authority, if the authority is—
(a)a Minister; or
(b)a member of the Legislative Assembly sponsored by the Minister under subsection (4).
(4)On application by a member of the Legislative Assembly, the Minister may sponsor a reference by the member if the Minister considers that it is in the public interest to sponsor the reference.
(5)The costs of an investigation include any costs incurred by the commission in obtaining the assistance of any other person, body (whether incorporated or unincorporated) or government agency.
Part 4Price directions
19LObjective—pt 4
The objective of the commission, when making a price direction in a regulated industry, is to promote the efficient investment in, and efficient operation and use of regulated services for the long term interests of consumers in relation to the price, quality, safety, reliability and security of the service.
Directions about prices
(1)At the conclusion of an investigation on an industry reference authorising the commission to make a price direction in a regulated industry, the commission must decide on the level of prices for services in relation to the period specified in the reference, or decided by the commission, and give a direction accordingly to each person providing regulated services to whom the price direction applies.
(2)In making a decision under subsection (1), the commission must have regard to—
(a)the protection of consumers from abuses of monopoly power in terms of prices, pricing policies (including policies relating to the level or structure of prices for services) and standard of regulated services; and
(b)standards of quality, reliability and safety of the regulated services; and
(c)the need for greater efficiency in the provision of regulated services to reduce costs to consumers and taxpayers; and
(d)an appropriate rate of return on any investment in the regulated industry; and
(e)the cost of providing the regulated services; and
(f)the principles of ecologically sustainable development mentioned in subsection (5);
(g)the social impacts of the decision; and
(h)considerations of demand management and least cost planning; and
(i)the borrowing, capital and cash flow requirements of people providing regulated services and the need to renew or increase relevant assets in the regulated industry; and
(j)the effect on general price inflation over the medium term; and
(k)any arrangements that a person providing regulated services has entered into for the exercise of its functions by some other person.
(3)Also, in making a decision under subsection (1), the commission must allow a declared fee to be passed on in full to consumers of the service.
(4)In a price direction, the commission must indicate to what extent it has had regard to the matters referred to in subsection (2).
(5)For subsection (2) (f), ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes through the implementation of the following principles:
(a)the precautionary principle—that if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(b)the inter-generational equity principle—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(c)conservation of biological diversity and ecological integrity;
(d)improved valuation and pricing of environmental resources.
20APrice regulation provisions
(1)A price direction must include a direction about the pricing of regulated services in the form of either or both of the following:
(a)a price, a maximum price or both a minimum and maximum price for each regulated service;
(b)a maximum total amount (revenue cap) that may be earned by a person providing regulated services from the provision of those services.
(2)A price direction must be made in accordance with the current reset principles for the regulated industry (see section 20B).
(3)A price direction may include any or all of the following:
(a)a formula for calculating a price or amount mentioned in subsection (1);
(b)a method by which a price or amount mentioned in subsection (1) is to be ascertained;
(c)a reference to an event or events (price variation triggers) the happening of which would entitle the commission to initiate a reference for an investigation into a variation of the direction (under section 24F (Commission-initiated variation)).
Example for par (c)—method
by reference to price indices
20BReset principles
(1)Reset principles are principles governing the redetermination of prices or revenue caps in a regulated industry.
(2)Current reset principles governing a price direction for a regulated industry are the reset principles currently in force in the industry (because of a previous price direction).
(3)Future reset principles are reset principles included in a price direction that are to take effect after the end of the current reset principles.
(4)In a price direction, the commission may not—
(a)vary, omit or replace the current reset principles; or
(b)include any future reset principles that will have the effect of varying, omitting or replacing the current reset principles in their application at a future date.
(5)The commission may fix a period of effect for a price regulation provision of a price direction for regulated services that ends before the day when the current reset principles for the regulated services end.
(6)If the current reset principles governing a price direction (the earlier direction) will end on or before the date when any price regulation provisions in the earlier direction (the earlier provision) will end, the earlier direction must include future reset principles governing any price regulation provision (in the next price direction for the industry) that will supersede the earlier provision.
20CEffective dates
(1)Each provision of a price direction—
(a)comes into effect—
(i)on a day ascertained in accordance with the direction; or
(ii)if a day is not ascertained in accordance with the direction—14 days after the day the final report containing the direction is presented to the Legislative Assembly; and
(b)remains in effect until a day ascertained in accordance with the direction.
(2)Under subsection (1), the dates and periods of effect of different provisions of a price direction may be different.
NoteThe dates and periods of effect of the price regulation provisions of the direction and any future reset principles in the direction will necessarily be different (see s 20B (3)).
20DPrice direction to continue to remain in force
(1)This section applies if—
(a)a price direction in a regulated industry is in force; and
(b)an industry reference has been provided to the commission to make a further price direction in the regulated industry.
(2)If a further price direction is not made before the price direction ends, the price direction remains in force until the further price direction comes into effect.
Part 4AReports of investigations
Final reports
(1)On concluding an investigation, the commission must give the referring authority a final report containing—
(a)particulars of the results of its investigations; and
(b)for an industry reference—particulars of any comments submitted in relation to the draft report of the investigation pursuant to the invitation in section 18 (1), and of the commission’s response to those comments; and
(c)for a price direction or price variation investigation—
(i)a copy of the price direction; and
(ii)a statement of the reasons for the direction; and
(iii)a statement of the methodology used in determining the direction; and
(iv)a statement to the effect that review of the decision by an industry panel (except for a price variation by consent) is available under part 4C (Review of price directions), subject to procedures explained in the statement;
(d)the commission’s findings on any other matter required by the reference; and
(e)any report by a commissioner dissenting from majority findings of the commission; and
(f)any other matter arising from the investigation that the commission considers it desirable to include in the report.
(2)If the referring authority is not a Minister, the commission must also give a copy of the final report to the responsible Minister.
Special reports
(1)The commission may, at any stage of an investigation, give the referring authority and (if the referring authority is not a Minister) the responsible Minister a special report on any matter arising from the investigation.
(2)A special report about a matter must include any report by a commissioner dissenting from majority findings of the commission about the matter.
(3)If the referring authority is not a Minister, the commission must also give a copy of the special report to the responsible Minister.
Confidential material in reports
(1)If a final report or a special report includes protected confidential information, the commission must divide the report into 2 documents, as follows:
(a)a document (the sealed section) containing the confidential information, or part of that information;
(b)a document (the unsealed section) containing the rest of the report.
(2)If the commission divides a report, the commission must include in the unsealed section—
(a)a statement to the effect that there is a sealed section of the report including protected confidential information; and
(b)a general description of the contents of the sealed section.
(3)In this section:
protected confidential information means confidential information the commission does not have the power to disclose under section 46 or under any law of the Territory other than this Act.
Presenting of reports to Legislative Assembly
(1)The referring authority, or the responsible Minister (if the referring authority is not a Minister), must cause a copy of a final report or a special report to be presented to the Legislative Assembly within 6 sitting days after the report is given to the referring authority or responsible Minister.
(2)If a report is divided into a sealed section and an unsealed section, only the unsealed section is required to be presented to the Legislative Assembly under subsection (1).
24AResponse by Minister to report on competitive neutrality complaint
(1)This section applies if a final report on an investigation into a competitive neutrality complaint is presented to the Legislative Assembly.
(2)Within 3 months after the report is presented to the Legislative Assembly, the Minister who caused the report to be presented to the Assembly must present a written response to the Assembly.
24BCorrection of errors in reports
(1)At any time after a final report or a special report on an investigation is given to the referring authority, the commission may, by a supplementary report, correct any error in the report arising from a clerical mistake or an accidental slip or omission.
(2)The commission must give a supplementary report to the referring authority, and section 23 and section 24 apply to the supplementary report as if it were a final or special report.
(3)If the referring authority is not a Minister, the commission must also give a copy of the supplementary report to the responsible Minister.
(4)When a supplementary report is presented to the Legislative Assembly, the report has effect as corrected.
Part 4BVariation of price directions
Division 4B.1 Consent variations
24CConsent variations
(1)A referring authority for a regulated service, or a utility providing a regulated service, may apply in writing to the commission for consent to a variation of a price direction in force for the service.
(2)The commission may consent to the variation applied for by giving the applicant a written report (a consent report) to that effect.
(3)The commission may consent to a variation only if satisfied on reasonable grounds that the variation is—
(a)justified, having regard to the criteria listed at section 20 (2); and
(b)in accordance with the current reset principles for the regulated service.
(4)However, in deciding whether to consent to a variation, the commission must allow a declared fee to be passed on in full to consumers of the service.
(5)The commission may not consent to a variation of a direction with the effect of—
(a)varying, omitting or replacing the current reset principles for the regulated service, or any future reset principles included in the direction; or
(b)including any future reset principles into the price direction.
(6)The following sections apply to a consent report as if it were the final report into a price regulation investigation:
· section 21 (Final reports)
· section 23 (Confidential material in reports)
· section 24 (Presenting of reports to Legislative Assembly)
· section 24B (Correction of errors in reports).
(7)When presented to the Legislative Assembly under section 24, a consent report has the effect of varying the provisions of the price direction as indicated in the report with effect from—
(a)a day (or days) ascertained in accordance with the report; or
(b)if a day is not ascertained in accordance with the report—14 days after the day the report is presented to the Legislative Assembly.
Division 4B.2 Nonconsent variations
24DReference by referring authority
(1)The referring authority for a regulated service may provide a reference for part 3 (Investigations) requiring the commission to investigate whether a price direction in force for the service should be varied.
(2)The commission may accept the reference from the referring authority only if, in the opinion of the commission based on reasonable grounds, there has been a material change in the cost conditions for the provision of the regulated service.
24EReference by utility
(1)A utility providing a regulated service may provide a reference for part 3 requiring the commission to investigate whether a price direction in force for the service should be varied.
(2)The commission may accept the reference from the utility only if, in the opinion of the commission based on reasonable grounds—
(a)there has been a material change in the cost conditions for the provision of the regulated service; and
(b)the change was brought about by external events beyond the control of the utility.
(3)The external events mentioned in subsection (2) (b) include the following:
(a)a Ministerial direction under section 19 (Ministerial directions) of the Utilities Act 2000;
(b)the approval or determination of an industry code under the Utilities Act 2000 or the approval of a technical code under the Utilities (Technical Regulation) Act 2014.
(4)Terms of reference for the variation—
(a)may be specified by the utility under section 16 (Terms of industry references); and
(b)are not a disallowable instrument.
24FCommission-initiated variation
(1)The commission may initiate a reference for part 3 (Investigations) for the investigation of whether a price direction in force for regulated services should be varied.
(2)The commission may only initiate a reference for the variation of a price direction if a price variation trigger stated in the price direction has happened.
(3)Terms of reference for the variation—
(a)may be specified by the commission under section 16 (Terms of industry references); and
(b)are not a disallowable instrument.
24GPermissible nonconsent variations
(1)The commission may vary a price direction only if it is satisfied on reasonable grounds that the variation is—
(a)justified by the material change in cost conditions, or price variation trigger, that is the basis for the investigation, having regard to the criteria listed at section 20 (2); and
(b)in accordance with the current reset principles for the regulated service.
(2)The commission may not vary a price direction so as to—
(a)vary, omit or replace the current reset principles for the regulated service; or
(b)include any future reset principles into the price direction that will have the effect of varying, omitting or replacing the current reset principles for the regulated service in their application at a future date.
(3)Subject to subsections (1) and (2), the commission may vary a price direction to vary, omit or replace any future reset principles in the direction, or to include future reset principles into the direction.
24HProcedure for nonconsent price variation investigation
(1)The commission must conduct a price variation investigation in the same way as a price direction investigation.
(2)However, in deciding whether to vary a price direction under this division, the commission must allow a declared fee to be passed on in full to consumers of the service.
24IEffect of nonconsent price variations
When presented to the Legislative Assembly under section 24 (Presenting of reports to Legislative Assembly), a report into a price variation investigation has the effect of varying the provisions of the price direction as indicated in the report (if at all) with effect from—
(a)a day (or days) ascertained in accordance with the report; or
(b)if a day is not ascertained in accordance with the report—14 days after the day the report is presented to the Legislative Assembly.
Part 4CReview of price directions
24JDefinitions—pt 4C
In this part:
eligible person, for a review of a price direction for regulated services, means any of the following people:
(a)the referring authority;
(b)a utility providing any of those services;
(c)anyone who made a submission to the commission in the course of the investigation into the price direction;
(d)a group of people at least 1 of whom made a submission to the commission in the course of the investigation into the price direction.
price direction includes a variation of a price direction.
24KRight of review
(1)An eligible person may apply for review by an industry panel of a price direction for regulated services.
NoteIf a form is approved under s 57 for this provision, the form must be used.
(2)An application must include—
(a)the grounds for review, and the evidence relied on to support each ground; and
(b)a statement setting out how, having regard to the commission’s objective when making a price direction, a new price direction would be, or would be likely to be, materially better than the original price direction.
NoteThe commission’s objective is stated in s 19L.
(3)An application for review must be lodged with the commission within 3 months after the final report into the price direction investigation is presented to the Legislative Assembly under section 24 (Presenting of reports to Legislative Assembly).
(4)After lodgment of an application for review, the commission must—
(a)give all other eligible people a copy of the application, inviting them to lodge written notice with the commission within 14 days if they intend to appear as a party; and
(b)give public notice of the application.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
24KAGrounds for review
An application for review of a price direction may only be made on 1 or more of the following grounds:
(a)the commission made an error of fact in its findings of facts that was material to the making of the price direction;
(b)the commission made more than 1 error of fact in its findings of facts and the errors, in combination, were material to the making of the price direction;
(c)the exercise of the commission’s discretion in the making of the price direction was incorrect having regard to all the circumstances;
(d)the price direction made by the commission was unreasonable having regard to all the circumstances.
24LWho are the parties to a review?
(1)The applicant and any eligible person who notifies the commission as invited under section 24K (4) are the parties to the review.
(2)A party to a review may be represented by another person.
24MIndustry panel
(1)An application for review must be heard by a panel (an industry panel) of 3 members.
(2)Provisions for the constitution of the panel and for the terms of office of the panel and panel members are set out in schedule 3.
24MAApplication for review—preliminary assessment
(1)An industry panel appointed to hear an application for review of a price direction must make a preliminary assessment of the application.
(2)In making a preliminary assessment of the application, the industry panel must assess each ground for review.
(3)After making a preliminary assessment of each ground for review, the industry panel must decide to—
(a)accept the ground for review; or
(b)reject the ground for review.
(4)The industry panel must accept a ground for review only if the panel is satisfied that the ground for review—
(a)raises a serious issue to be decided; and
(b)provides a strong case for review, supported by sufficient evidence on the face of the application to justify the review.
(5)If the industry panel rejects all the grounds for review in an application, the panel must dismiss the application.
(6)The industry panel may review an application under section 24N only if—
(a)the panel has accepted a ground, or grounds for review; and
(b)the panel is satisfied, having regard to the accepted ground or grounds for review, and to the commission’s objective when making a price direction, that a new price direction would be, or would be likely to be, materially better than the original price direction.
NoteThe commission’s objective is stated in s 19L.
(7)The industry panel must give a statement of reasons for a decision under subsection (3) or subsection (6).
24NNature of review
(1)On application for review of a price direction (the original price direction), an industry panel may—
(a)substitute a new price direction for the original price direction; or
(b)confirm the original price direction; or
(c)set aside the original price direction and remit the matter back to the commission to make a new price direction in accordance with any direction of the industry panel.
(2)An industry panel must make a decision on an application for review—
(a)on the merits of the case, having regard to the commission’s objective when making a price direction; and
NoteThe commission’s objective is stated in s 19L.
(c)as required by section 20A, section 20B and section 20C for price directions.
(3)Despite subsection (2), the panel may not consider any matter on an application for review that was not raised on behalf of the applicant in submissions to the commission for the purposes of the investigation of the price direction that is the subject of the review.
(4)An industry panel review is not a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).
24OProcedure for review
(1)In considering an application for review, an industry panel has the same powers as the commission in conducting a price regulation investigation.
(2)Without limiting subsection (1), the following provisions apply to the panel on the hearing of the application for review as if it were the commission conducting a price regulation investigation:
· section 17 (Procedure for industry reference investigations)
· section 18 (Draft reports—industry reference investigations)
· section 24X (Information to be given to commission following price direction review)
· part 7 (Information)
· part 8 (Cooperation with the commission).
24OAApplication for review—commission’s response
(1)This section applies if an industry panel decides to hear an application for review of a price direction.
(2)The industry panel must tell the commission—
(a)it may make a submission to the panel on any issue raised in the application for review; and
(b)the date, decided after consultation with the commission, by which the commission must make a submission under paragraph (a).
24PReferral of matters to commission
(1)An industry panel may, in writing, refer any matter raised in the course of a review to the commission for an advisory opinion.
(2)The commission must consider any matter raised on a reference from the panel, and give the panel a report setting out its findings.
(3)The panel must take into account the commission’s findings on the reference in making a decision on the review.
24QWitnesses and evidence
(1)At the request of any party, an industry panel may exercise its powers under section 41 (Provision of information to commission) and section 49 (Attendance at hearing) (as applied by section 24O (Procedure for review)) to require the provision of information or a document, or to require a person to attend before the panel, for the purpose of hearing the application for review.
(2)The party must pay all the expenses of any person in complying with a requirement on a request under subsection (1).
24RFrivolous or vexatious applications
If an industry panel considers that an application for review is frivolous or vexatious, it may, at any stage during the hearing—
(a)by a written direction, dismiss the application; and
(b)at the request of any party, make a written declaration preventing any subsequent application for the review of any price direction by the applicant from being heard without leave of an industry panel established for the purpose of the later application.
24SImplementation of price direction under review
(1)A price direction has effect despite any application for its review, unless the industry panel, on an application by a party, declares in writing that the implementation of the price direction is suspended or altered until—
(a)if the panel substitutes a new direction for the price direction under review—the day (or days) the substituted direction comes into effect; or
(b)if the panel confirms the price direction under review—the day the report of the review is presented to the Legislative Assembly (under section 24U (Functions of commission)); or
(c)if the panel sets aside the price direction under review and remits the matter back to the commission to make a new price direction—the day the new price direction comes into effect.
(2)The declaration of suspension or alteration is taken to be a variation of the price direction while the direction remains in force.
(3)The following sections apply to the declaration of suspension or alteration as if it were the final report of a price regulation investigation:
· section 21 (Final reports)
· section 23 (Confidential material in reports)
· section 24 (Presenting of reports to Legislative Assembly)
· section 24B (Correction of errors in reports).
24TEffect of decision
(1)If, as a result of a review, an industry panel substitutes a new price direction for the original—
(a)each provision of the substituted direction comes into effect on—
(i)a day ascertained in accordance with the direction; or
(ii)if a day is not ascertained in accordance with the direction—14 days after the day the final report containing the direction is presented to the Legislative Assembly; and
(b)each provision of the substituted direction remains in effect until a day ascertained in accordance with the direction; and
(c)the date and period of effect of different provisions of the substituted direction may be different; and
(d)this Act applies as if the substituted price direction were a price direction made by the commission (subject to subsection (2))—
Example
The substituted price direction may be varied under part 4B (Variation of price directions).
(2)A substituted direction may not be reviewed under this part.
24UFunctions of commission
(1)The commission must give an industry panel any assistance the panel requires, including the provision of all the information available to the commission in the original investigation.
(2)The following sections apply (with necessary changes) to the report of an industry panel’s decision on an application for review as if it were a report by the commission into a price regulation investigation:
· section 21 (Final reports)
· section 23 (Confidential material in reports)
· section 24 (Presenting of reports to Legislative Assembly)
· section 24B (Correction of errors in reports).
(3)The commission must take any action necessary to implement a decision of an industry panel.
24VCosts
(1)The reasonable costs of the review of a price direction, as assessed by the industry panel and notified to the applicant, are payable as follows:
(a)the costs of each party are payable by the party;
(b)the costs of the industry panel are payable by the applicants for the review and the utilities to which the review relates in proportions determined by the industry panel.
(2)The costs of the industry panel include any costs incurred by the panel in obtaining the assistance of the commission or any other person, body (whether incorporated or unincorporated) or government agency.
24WProtection from liability of panel members, parties and representatives
(1)A person who is or has been a member of an industry panel is not personally liable for anything done, or omitted to be done, honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the act was in the exercise of a function under this Act.
(2)Any liability that would, apart from this section, attach to a person who is or has been a member of an industry panel attaches instead to the Territory.
(3)A person who is or has been a party to an application or a representative of a party is not personally liable for anything done, or omitted to be done, honestly and without recklessness, as a party to an application or a representative of a party.
24XInformation to be given to commission following price direction review
(1)This section applies if an industry panel has–
(a)finished a price direction review; and
(b)made a substituted price direction.
(2)The industry panel must give the commission any information the panel considers relevant, after consultation with the commission, to the commission implementing the substituted price direction.
Part 5Access agreements
Notice of access agreements
(1)A person that proposes to enter into an access agreement in relation to infrastructure facilities wholly or substantially owned, controlled or operated by the person, must notify the commission of the proposal at least 30 days before entering into the agreement.
(2)A person that notifies the commission under subsection (1) must, at the request of the commission, give the commission a copy of the proposed access agreement and any requested details of the proposal.
(3)The commission may give advice about the proposal to—
(a)the person that notified the proposal; and
(b)the Minister.
Registration of access agreements
(1)A person that enters an access agreement in relation to infrastructure facilities wholly or substantially owned, controlled or operated by the person must notify the commission of that fact.
(2)A person that notifies the commission under subsection (1) must, at the request of the commission, give the commission a copy of the access agreement and any requested details of the agreement.
(3)The commission must register the access agreement under section 29, including in the record of registration the following details:
(a)the names of the parties to the agreement;
(b)the regulated industry, and the particular services, to which it relates;
(c)the date it was made;
(d)any other details prescribed by regulation.
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
The Independent Competition and Regulatory Commission Act 1997 was originally the Independent Pricing and Regulatory Commission Act 1997. It was renamed by the Independent Competition and Regulatory Commission Amendment Act 2000 A2000-8 s 5.
Independent Competition and Regulatory Commission Act 1997 A1997‑77
notified 25 November 1997 (Gaz 1997 No S360)
commenced 25 November 1997 (s 2)
as amended by
Independent Competition and Regulatory Commission Amendment Act 2000 A2000‑8
notified 23 March 2000 (Gaz 2000 No 12)
commenced 23 March 2000 (s 2)
Utilities (Consequential Provisions) Act 2000 A2000‑66 sch 1 pt 7
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)sch 1 pt 7 commenced 1 January 2001 (Gaz 2000 No S69)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 188
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 188 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation Amendment Act 2002 A2002‑11 pt 2.28
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)pt 2.28 commenced 28 May 2002 (s 2 (1))
Independent Competition and Regulatory Commission Amendment Act 2003 A2003-50
notified LR 25 November 2003
s 1, s 2 commenced 25 November 2003 (LA s 75 (1))remainder commenced 26 November 2003 (s 2)
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.20
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))sch 1 pt 1.20 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.23
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 1 pt 1.23 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.11
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))sch 3 pt 3.11 commenced 25 August 2004 (s 2 (1))
Financial Management Legislation Amendment Act 2005 A2005‑52 sch 1 pt 1.10
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 January 2006 (s 2 (2))Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.13
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.13 commenced 23 November 2005 (s 2)Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.12
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.12 commenced 11 January 2006 (s 2 (2))Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.20
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))sch 3 pt 3.20 commenced 27 December 2007 (s 2)
National Gas (ACT) Act 2008 A2008-15 sch 2 pt 2.2
notified LR 30 June 2008
s 1, s 2 commenced 30 June 2008 (LA s 75 (1))
sch 2 pt 2.2 commenced 1 July 2008 (s 2 (1) and see National Gas (South Australia) Act 2008 (SA), s 7)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.43
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.43 commenced 22 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 sch 1 pt 1.13
notified LR 24 November 2009
s 1, s 2 commenced 24 November 2009 (LA s 75 (1))sch 1 pt 1.13 commenced 22 December 2009 (s 2 (3))
Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.12
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
s 3 commenced 1 September 2010 (s 2 (1))sch 1 pt 1.12 commenced 28 September 2010 (s 2 (2))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.24
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))sch 3 pt 3.24 commenced 1 March 2011 (s 2)
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.31
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 3 pt 3.31 commenced 12 December 2011 (s 2)
National Energy Retail Law (Consequential Amendments) Act 2012 A2012-32 pt 10
notified LR 14 June 2012
s 1, s 2 commenced 14 June 2012 (LA s 75 (1))pt 10 commenced 1 July 2012 (s 2 (1) and see National Energy Retail Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)
Utilities (Technical Regulation) Act 2014 A2014-60 sch 2 pt 2.2
notified LR 8 December 2014
s 1, s 2 commenced 8 December 2014 (LA s 75 (1))
sch 2 pt 2.2 commenced 1 March 2015 (s 2 and CN2015-1)Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.36
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.36 commenced 14 October 2015 (s 2)Independent Competition and Regulatory Commission Amendment Act 2016 A2016-34
notified LR 21 June 2016
s 1, s 2 commenced 21 June 2016 (LA s 75 (1))
remainder commenced 1 July 2016 (s 2)Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.38
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.38 commenced 1 September 2016 (s 2)Freedom of Information Act 2016 A2016-55 sch 4 pt 4.17
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.17 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)Commercial Arbitration Act 2017 A2017-7 sch 1 pt 1.4
notified LR 4 April 2017
s 1A, s 1B commenced 4 April 2017 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 July 2017 (s 1B and CN2017‑1)Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))NoteThis Act only amends the Freedom of Information Act 2016 A2016-55.
Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.22
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.22 commenced 23 October 2018 (s 2 (4))Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.23
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.23 commenced 24 August 2022 (s 2)Independent Competition and Regulatory Commission Amendment Act 2024 A2024-25
notified LR 19 June 2024
s 1, s 2 commenced 19 June 2024 (LA s 75 (1))
remainder commenced 19 December 2024 (s 2)Amendment history
Title
titleam A2000‑8 s 4; A2000‑66 sch 1 pt 7
Name of Act
s 1sub A2000‑8 s 5
Dictionary
s 2om A2001‑44 amdt 1.2131
ins A2005‑52 amdt 1.140
am A2008‑15 amdt 2.4; A2012‑32 s 54
Notes
s 2Ains A2005‑52 amdt 1.140
Joint ownership, control or operation
s 2Bins A2005‑52 amdt 1.140
Joint provision of services
s 3defs reloc to dict A2005‑52 amdt 1.139
sub A2005‑52 amdt 1.140
def commission sub A2000‑8 s 6
om A2005‑52 amdt 1.138
def commissioner sub A2000‑8 s 6
om A2005‑52 amdt 1.138
def eligible person ins A2000‑66 sch 1 pt 7
om A2005‑52 amdt 1.138
def function om A2005‑52 amdt 1.138
Who is referring authority?
s 3Ains A2000‑8 s 7
am A2000‑66 sch 1 pt 7; pars renum R2 LA
Regulated industries—declarations
s 4am A2001‑44 amdt 1.2132, amdt 1.2133; A2011‑3 amdt 3.243
National electricity rules–electricity distribution and transmission pricing
s 4A hdgam A2005‑62 amdt 3.127
s 4Ains A2000‑66 sch 1 pt 7
am A2005‑62 amdt 3.127, amdt 3.128
ACT gas transmission
s 4Bins A2000‑66 sch 1 pt 7
am A2008‑15 amdt 2.5
Declared fees to be passed on to consumers
s 4Cins A2003‑50 s 5
am A2011‑3 amdt 3.243
Independent competition and regulatory commission
pt 2 hdgsub A2000‑8 sch 2
Establishment
s 5am A2004‑42 amdts 3.56, 3.57
(5), (6) exp 25 August 2004 (s 5 (6))
am A2007‑39 amdt 3.75
Constitution
s 6sub A2000‑8 s 8
am A2005‑52 amdt 1.141; A2009‑44 amdt 1.29
Objectives
s 7am A2000‑8 s 9
Functions
s 8am A2000‑8 s 10; A2000‑66 sch 1 pt 7; A2005‑62 amdt 3.129; A2007‑39 amdt 3.76, amdt 3.77; A2008‑15 amdt 2.6; pars renum R13 LA; A2012‑32 s 55
Commission’s annual report
s 9am A2000‑66 sch 1 pt 7
sub A2004‑9 amdt 1.28
Independence from Ministerial control
s 10am A2000‑66 sch 1 pt 7
Chief executive officer
s 10Ains A2005‑52 amdt 1.142
am A2011‑52 amdt 3.109
Chief executive officer’s functions
s 10Bins A2005‑52 amdt 1.142
am A2011‑52 amdt 3.110
Commission’s staff
s 11sub A2016‑52 amdt 1.105
Delegation of commission’s functions
s 13am A2007‑39 amdt 3.78, amdt 3.79
Protection from liability
s 14am A2000‑8 sch 2
sub A2007‑39 amdt 3.80
Industry references
div 3.1 hdg(prev pt 3 div 1 hdg) ins A2000‑8 s 11
renum R2 LA
Application of div 3.1––industry references
s 14Ains A2000‑8 s 11
Nature of industry references
s 15 hdgsub A2000‑8 sch 2
s 15am A2000‑8 sch 2; A2001‑44 amdt 1.2134; A2012‑32 s 56; ss renum R19 LA; A2016‑34 s 4, s 5; ss renum R22 LA
Industry references—current price directions
s 15Ains A2016‑34 s 6
Terms of industry references
s 16 hdgsub A2000‑8 sch 2
s 16am A2000‑8 sch 2; A2001‑44 amdt 1.2135, amdt 1.2136; A2011‑3 amdt 3.243; A2016‑34 s 7
Procedure for industry reference investigations
s 17 hdgsub A2000‑8 sch 2
s 17am A2000‑8 sch 2; A2000‑66 sch 1 pt 7; ss renum R2 LA; A2003‑50 s 6; ss renum R4 LA (see A2003‑50 s 7); A2011‑52 amdt 3.117; A2016‑34 ss 8-10; ss and pars renum R22 LA
Draft reports––industry reference investigations
s 18 hdgsub A2000‑8 sch 2
s 18am A2000‑8 sch 2; A2000‑66 sch 1 pt 7; A2001‑44 amdt 1.2137; ss renum R2 LA (see A2001‑44 amdt 1.2138); A2009‑20 amdt 3.101; A2015‑33 amdt 1.115; A2016‑34 s 11
Costs for industry reference investigations
s 19 hdgsub A2000‑8 sch 2
s 19am A2000‑8 sch 2; A2000‑66 sch 1 pt 7; ss renum R2 LA
Regulatory references
div 3.2 hdg(prev pt 3 div 2 hdg) ins A2000‑8 s 12
renum R2 LA
Application of div 3.2––regulatory references
s 19Ains A2000‑8 s 12
Acceptance of regulatory references—competitive neutrality complaints
s 19Bins A2000‑8 s 12
am A2001‑44 amdt 1.2139
Acceptance of regulatory references—government-regulated activities
s 19Cins A2000‑8 s 12
am A2001‑44 amdt 1.2140
Regulatory references initiated by commission
s 19Dins A2000‑8 s 12
sub A2001‑44 amdt 1.2141
am A2011‑3 amdt 3.233
Terms of regulatory references
s 19Eins A2000‑8 s 12
Amendment of terms of regulatory reference
s 19Fins A2000‑8 s 12
sub A2001‑44 amdt 1.2142
am A2011‑3 amdt 3.243
Termination of investigations into regulatory references
s 19Gins A2000‑8 s 12
sub A2001‑44 amdt 1.2142
am A2011‑3 amdt 3.243
Procedure for regulatory reference investigations
s 19Hins A2000‑8 s 12
Principles for regulatory reference investigations
s 19Jins A2000‑8 s 12
am A2003‑50 s 8, s 9; A2011‑52 amdt 3.117
Costs for regulatory reference investigations
s 19Kins A2000‑8 s 12
Price directions
pt 4 hdgsub A2000‑8 sch 2
Objective—pt 4
s 19Lins A2016‑34 s 12
Directions about prices
s 20am A2000‑66 sch 1 pt 7; A2003‑50 s 10; ss renum R4 LA (see A2003‑50 s 11); A2011‑52 amdt 3.117; A2012‑32 s 57; A2016‑34 s 13
Price regulation provisions
s 20Ains A2000‑66 sch 1 pt 7
am A2011‑3 amdt 3.234, amdt 3.235
Reset principles
s 20Bins A2000‑66 sch 1 pt 7
Effective dates
s 20Cins A2000‑66 sch 1 pt 7
am A2016‑34 s 14
Price direction to continue to remain in force
s 20Dins A2016‑34 s 15
Reports of investigations
pt 4A hdgins A2000‑8 sch 2
Final reports
s 21am A2000‑8 s 13; A2000‑66 sch 1 pt 7; pars renum R2 LA
Special reports
s 22am A2000‑8 s 14
Confidential material in reports
s 23sub A2000‑8 s 15
am A2011‑52 amdt 3.111
Presenting of reports to Legislative Assembly
s 24sub A2000‑8 s 15
Response by Minister to report on competitive neutrality complaint
s 24Ains A2000‑8 s 15
Correction of errors in reports
s 24Bins A2000‑8 s 15
Variation of price directions
pt 4B hdgins A2000‑66 sch 1 pt 7
Consent variations
div 4B.1 hdg(prev pt 4B div 1 hdg) ins A2000‑66 sch 1 pt 7
renum R2 LA
Consent variations
s 24Cins A2000‑66 sch 1 pt 7
am A2003‑50 s 12; ss renum R4 LA (see A2003‑50 s 13); A2011‑52 amdt 3.117; A2016‑34 s 16
Nonconsent variations
div 4B.2 hdg(prev pt 4B div 2 hdg) ins A2000‑66 sch 1 pt 7
renum R2 LA
Reference by referring authority
s 24Dins A2000‑66 sch 1 pt 7
Reference by utility
s 24Eins A2000‑66 sch 1 pt 7
am A2001‑44 amdt 1.2143; A2014‑60 amdt 2.4
Commission-initiated variation
s 24Fins A2000‑66 sch 1 pt 7
am A2001‑44 amdt 1.2143
Permissible nonconsent variations
s 24Gins A2000‑66 sch 1 pt 7
Procedure for nonconsent price variation investigation
s 24Hins A2000‑66 sch 1 pt 7
am A2003‑50 s 14, s 15; A2011‑52 amdt 3.117
Effect of nonconsent price variations
s 24Iins A2000‑66 sch 1 pt 7
am A2016‑34 s 17
Review of price directions
pt 4C hdgins A2000‑66 sch 1 pt 7
Definitions—pt 4C
s 24Jins A2000‑66 sch 1 pt 7
am A2016‑34 s 18
Right of review
s 24Kins A2000‑66 sch 1 pt 7
am A2001‑44 amdt 1.2144, amdt 1.2145; A2009‑20 amdt 3.101; A2015‑33 amdt 1.116; A2016‑34 s 19, s 20; ss renum R22 LA
Grounds for review
s 24KAins A2016‑34 s 21
Who are the parties to a review?
s 24Lins A2000‑66 sch 1 pt 7
Industry panel
s 24Mins A2000‑66 sch 1 pt 7
am A2002‑11 amdt 2.56; A2016‑34 s 22
Application for review—preliminary assessment
s 24MAins A2016‑34 s 23
Nature of review
s 24Nins A2000‑66 sch 1 pt 7
am A2005‑53 amdt 1.67; A2016‑34 s 24, s 25
Procedure for review
s 24Oins A2000‑66 sch 1 pt 7
am A2016‑34 s 26
Application for review—commission’s response
s 24OAins A2016‑34 s 27
Referral of matters to commission
s 24Pins A2000‑66 sch 1 pt 7
Witnesses and evidence
s 24Qins A2000‑66 sch 1 pt 7
Frivolous or vexatious applications
s 24Rins A2000‑66 sch 1 pt 7
Implementation of price direction under review
s 24Sins A2000‑66 sch 1 pt 7
am A2016‑34 s 28
Effect of decision
s 24Tins A2000‑66 sch 1 pt 7
am A2016‑34 s 29
Functions of commission
s 24Uins A2000‑66 sch 1 pt 7
Costs
s 24Vins A2000‑66 sch 1 pt 7
am A2016‑34 s 30
Protection from liability of panel members, parties and representatives
s 24Wins A2000‑66 sch 1 pt 7
sub A2007‑39 amdt 3.81
Information to be given to commission following price direction review
s 24Xins A2016‑34 s 31
Application—pt 6
s 31am A2017‑7 amdt 1.5
Arbitrator—appointment and functions
s 33am A2000‑8 s 16, sch 2; ss renum R2 LA; A2005‑53 amdt 1.68, amdt 1.69; A2015‑33 amdt 1.117
Arbitration determinations
s 35am A2000‑8 s 17; A2011‑3 amdt 3.236, amdt 3.237
Termination of arbitration by arbitrator
s 38am A2007‑39 amdt 3.82
Arbitration procedure—Commercial Arbitration Act
s 40am A2000‑8 s 18; ss renum R2 LA; A2011‑3 amdt 3.238; A2017‑7 amdts 1.5-1.7
Provision of information to commission
s 41am A2002‑11 amdts 2.57-2.59; A2012‑32 s 58; ss renum R19 LA
Inspection of documents
s 43sub A2000‑8 s 19
Confidential information—disclosure by commissioners and staff
s 44 hdgsub A2000‑8 sch 2
s 44am A2007‑39 amdt 3.83, amdt 3.84; A2011‑3 amdt 3.239; A2022‑14 amdt 3.119
Confidential information—notice of proposed disclosure
s 45am A2000‑8 s 20; paras renum R2 LA
Confidential information—general disclosure
s 46am A2000‑8 s 21; A2001‑44 amdt 1.2146, amdt 1.2147; A2022‑14 amdt 3.120, amdt 3.121
Requirement to attend hearing and answer questions
s 49sub A2005‑53 amdt 1.70
Application of Criminal Code, ch 7
s 50am A2002‑11 amdt 2.60, amdt 2.61; ss renum R3 LA (see A2002‑11 amdt 2.62)
sub A2005‑53 amdt 1.70
Witnesses etc protected from civil liability
s 50Ains A2005‑53 amdt 1.70
Orders
s 53am A2001‑44 amdt 1.2148
Enforcement of civil penalty provisions
pt 9A hdgins A2024‑25 s 4
Preliminary
div 9A.1 hdg ins A2024‑25 s 4
Definitions—pt 9A
s 54Ains A2024‑25 s 4
def conduct ins A2024‑25 s 4
def corresponding offence ins A2024‑25 s 4
def court ins A2024‑25 s 4
Part does not limit other powers of court
s 54Bins A2024‑25 s 4
Enforceable undertakings
div 9A.2 hdg ins A2024‑25 s 4
Enforceable undertakings
s 54Cins A2024‑25 s 4
Application for enforcement of undertakings
s 54Dins A2024‑25 s 4
Civil penalty notices
div 9A.3 hdg ins A2024‑25 s 4
Service of civil penalty notice
s 54Eins A2024‑25 s 4
Contents of civil penalty notice
s 54Fins A2024‑25 s 4
Amount payable under civil penalty notice
s 54Gins A2024‑25 s 4
Time for payment of amount
s 54Hins A2024‑25 s 4
Effect of payment of amount
s 54Iins A2024‑25 s 4
Withdrawal of civil penalty notice
s 54Jins A2024‑25 s 4
Conduct contravening multiple civil penalty provisions
s 54Kins A2024‑25 s 4
Effect of civil penalty notice on enforcement order proceeding
s 54Lins A2024‑25 s 4
Enforcement orders
div 9A.4 hdg ins A2024‑25 s 4
Application for enforcement order
s 54Mins A2024‑25 s 4
Deciding civil penalty for enforcement order
s 54Nins A2024‑25 s 4
Enforcement order proceeding is civil proceeding
s 54Oins A2024‑25 s 4
Proceedings may be heard together
s 54Pins A2024‑25 s 4
Civil proceeding after criminal proceeding
s 54Qins A2024‑25 s 4
Criminal proceeding during civil proceeding
s 54Rins A2024‑25 s 4
Criminal proceeding after civil proceeding
s 54Sins A2024‑25 s 4
Evidence given in civil proceeding not admissible in criminal proceeding
s 54Tins A2024‑25 s 4
Conduct contravening multiple civil penalty provisions
s 54Uins A2024‑25 s 4
Multiple contraventions
s 54Vins A2024‑25 s 4
Injunctions
div 9A.5 hdg ins A2024‑25 s 4
Application for injunction
s 54Wins A2024‑25 s 4
Discharging or varying injunctions
s 54Xins A2024‑25 s 4
Other provisions about liability
div 9A.6 hdg ins A2024‑25 s 4
Meaning of evidential burden—div 9A.6
s 54Yins A2024‑25 s 4
Ancillary contraventions
s 54Zins A2024‑25 s 4
State of mind
s 54ZAins A2024‑25 s 4
Mistake of fact
s 54ZBins A2024‑25 s 4
Burden of proof for exceptions etc
s 54ZCins A2024‑25 s 4
Extended liability of corporations
s 54ZDins A2024‑25 s 4
Limited liability of individuals
s 54ZEins A2024‑25 s 4
Exercise of enforcement functions under Utilities Act 2000
s 54ZFins A2024‑25 s 5
Acts and omissions of representatives
s 55sub A2004‑15 amdt 1.27
Service of documents
s 56am A2018‑33 amdt 1.41
Approved forms
s 57sub A2001‑44 amdt 1.2149
am A2011‑3 amdt 3.243
Regulation-making power
s 58ins A2001‑44 amdt 1.2149
Competition principles agreement extracts
sch 1(prev sch 1A) ins A2000‑8 sch 1
renum as sch 1 R10 LA
Competition principles agreement extracts
sch 1Arenum as sch 1
Commission appointments and working arrangements
sch 2 hdg(prev sch 1 hdg) am A2000‑8 s 23
sch 2(prev sch 1) am A2000‑8 s 23, sch 2; ss renum R10 LA
renum as sch 2 R10 LA
am A2007‑39 amdts 3.85-3.88; A2009‑44 amdt 1.30; A2010‑30 amdt 1.32; A2022‑14 amdt 3.122
Industry panels constitution and procedure
sch 2Arenum as sch 3
Industry panels constitution and procedure
sch 3(prev sch 2A) ins A2000‑66 sch 1 pt 7; ss renum R10 LA
renum as sch 3 R10 LA
am A2007‑39 amdts 3.89-3.91; A2010‑30 amdt 1.33; A2016‑34 s 32
Arbitration guidelines––competition principles agreement, cl 6 (4) (i), (j) and (l)
sch 4 hdg(prev sch 2 hdg) am A2000‑8 sch 2
sch 4(prev sch 2 hdg) am A2000‑8 sch 2; ss renum R10 LA
renum as sch 4 R10 LA
Civil penalty provisions
sch 5ins A2024‑25 s 6
Definitions—sch 5
sch 5 s 5.1ins A2024‑25 s 6
def adjusted turnover ins A2024‑25 s 6
def Consumer Protection Code ins A2024‑25 s 6
def Electricity Feed-in Code ins A2024‑25 s 6
def tier 1 civil penalty ins A2024‑25 s 6
def tier 2 civil penalty ins A2024‑25 s 6
def tier 3 civil penalty ins A2024‑25 s 6
def Transparency and Comparability Code ins A2024‑25 s 6
Meaning of tier 1 civil penalty, tier 2 civil penalty and tier 3 civil penalty—sch 5
sch 5 s 5.2ins A2024‑25 s 6
Civil penalty provisions
sch 5 s 5.3ins A2024‑25 s 6
Dictionary
dictins A2005‑52 amdt 1.143
am A2008‑15 amdt 2.7; A2009‑20 amdt 3.102; A2010‑30 amdt 1.34; A2011‑52 amdt 3.112; A2012‑32 s 59; A2015‑33 amdt 1.118; A2024‑25 s 7
def access agreement reloc from s 3 A2005‑52 amdt 1.139
def access provider ins A2007‑39 amdt 3.92
def access regime reloc from s 3 A2005‑52 amdt 1.139
am A2011‑3 amdt 3.240, amdt 3.241
def adjusted turnover ins A2024‑25 s 8
def assistant commissioner ins A2005‑52 amdt 1.143
om A2009‑44 amdt 1.31
def associate commissioner ins A2005‑52 amdt 1.143
def chief executive officer ins A2005‑52 amdt 1.143
def civil penalty notice ins A2024‑25 s 8
def civil penalty provision ins A2024‑25 s 8
def commission ins A2005‑52 amdt 1.143
def commissioner ins A2005‑52 amdt 1.143
def commission secretariat ins A2005‑52 amdt 1.143
om A2011‑52 amdt 3.113
def competition policy considerations ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def competition principles agreement reloc from s 3 A2005‑52 amdt 1.139
def competitive neutrality complaint ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def competitive neutrality principles ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def conduct ins A2024‑25 s 8
def confidential information sub A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
am A2016‑55 amdt 4.21
def Consumer Protection Code ins A2024‑25 s 8
def corresponding offence ins A2024‑25 s 8
def court ins A2024‑25 s 8
def current reset principles ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
def declared fee ins A2003‑50 s 4
reloc from s 3 A2005‑52 amdt 1.139
def determination reloc from s 3 A2005‑52 amdt 1.139
def direction ins A2011‑3 amdt 3.242
def Electricity Feed-in Code ins A2024‑25 s 8
def eligible person ins A2005‑52 amdt 1.143
def energy ins A2012‑32 s 60
def enforcement order ins A2024‑25 s 8
def enforcement order proceeding ins A2024‑25 s 8
def evidential burden ins A2024‑25 s 8
def future reset principles ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
def Gas Pipelines Access (A.C.T.) Law ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
om A2008‑15 amdt 2.8
def Gas Pipelines Access (A.C.T.) Regulations ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
om A2008‑15 amdt 2.8
def government activity ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def government-regulated activity ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def industry reloc from s 3 A2005‑52 amdt 1.139
def industry panel ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
def industry reference ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def investigation reloc from s 3 A2005‑52 amdt 1.139
def law of the Territory ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
am A2005‑62 amdt 3.130; A2008‑15 amdt 2.9; A2012‑32 s 61
def legislation review principles ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
om A2011‑52 amdt 3.114
def National Electricity (ACT) Law ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
om A2011‑52 amdt 3.115
def National Electricity (ACT) Regulations ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
om A2011‑52 amdt 3.115
def national electricity code ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
om A2005‑62 amdt 3.131
def national electricity rules ins A2005‑62 amdt 3.132
def national energy retail rules ins A2012‑32 s 62
def national gas code ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
om A2008‑15 amdt 2.10
def NERL retailer ins A2012‑32 s 62
def price reloc from s 3 A2005‑52 amdt 1.139
def price direction sub A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
sub A2007‑39 amdt 3.93
def price regulation sub A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
def price variation trigger ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
def protected confidential information ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
om A2011‑52 amdt 3.116
def reference reloc from s 3 A2005‑52 amdt 1.139
def referring authority sub A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def regulated industry am A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
def regulated services reloc from s 3 A2005‑52 amdt 1.139
def regulatory reference ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def related corporation ins A2024‑25 s 8
def reset principles ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
def responsible Minister ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def revenue cap ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
def sealed section ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def self-funding referring authority ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def senior commissioner ins A2005‑52 amdt 1.143
sub A2009‑44 amdt 1.32
def standing commissioner ins A2005‑52 amdt 1.143
sub A2009‑44 amdt 1.33
def third party ins A2007‑39 amdt 3.94
def tier 1 civil penalty ins A2024‑25 s 8
def tier 2 civil penalty ins A2024‑25 s 8
def tier 3 civil penalty ins A2024‑25 s 8
def Transparency and Comparability Code ins A2024‑25 s 8
def unsealed section ins A2000‑8 s 6
reloc from s 3 A2005‑52 amdt 1.139
def utility ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
sub A2012‑32 s 63
def utility service ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
sub A2012‑32 s 63
def variation ins A2000‑66 sch 1 pt 7
reloc from s 3 A2005‑52 amdt 1.139
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A2000‑8 10 April 2000 2 A2001‑44 21 January 2002 3 A2002‑11 30 May 2002 4 A2003‑50 26 November 2003 5 A2004‑15 9 April 2004 6 A2004‑15 13 April 2004 7 A2004‑42 25 August 2004 8 A2004‑42 26 August 2004 9 A2005‑53 23 November 2005 10 A2005‑53 1 January 2006 11* A2005‑62 11 January 2006 12 A2007‑39 27 December 2007 13 A2008‑15 1 July 2008 14 A2009‑20 22 September 2009 15 A2009‑44 22 December 2009 16 A2010‑30 28 September 2010 17 A2011‑3 1 March 2011 18 A2011‑52 12 December 2011 19 A2012‑32 1 July 2012 20 A2014‑60 1 March 2015 21 A2015-33 14 October 2015 22 A2016‑34 1 July 2016 23 A2016‑52 1 September 2016 24 A2017‑7 1 July 2017 25 A2017‑14 1 January 2018 26 A2018‑33 23 October 2018 27 A2022-14 24 August 2022
© Australian Capital Territory 2024
0
0
0