Independent Competition and Regulatory Commission Amendment Act 2003 (ACT)

Independent Competition and Regulatory Commission Amendment Act 2003

A2003-50

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Interpretation for Act

   
   

   Section 3, new definition of declared fee  2

5. New section 4C  2

6. Procedure for industry reference investigations

   
   

   New section 17 (4A)  3

7. Section 17  3

8. Principles for regulatory reference investigations Section 19J          3

9. New section 19J (2)  4

10. Directions about prices

    
    

    New section 20 (2A)  4

11. Section 20  4

12. Consent variations

    
    

    New section 24C (3A)  4

13. Section 24C  4

14. Procedure for nonconsent price variation investigation

    
    

    Section 24H  5

15. New section 24H (2)  5

Independent Competition and Regulatory Commission Amendment Act 2003

A2003-50

An Act to amend the Independent Competition and Regulatory Commission Act 1997

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Independent Competition and Regulatory Commission Amendment Act 2003.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Independent Competition and Regulatory Commission Act 1997.

4. Interpretation for Act
   Section 3, new definition of declared fee

   insert

   declared fee means a fee declared under section 4C.

5. New section 4C

   in part 1, insert

4CDeclared fees to be passed on to consumers

1. The Minister may declare, in writing, 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.

4. Procedure for industry reference investigations
   New section 17 (4A)

   insert

(4A)    On an industry reference, the commission is not to question the amount of a declared fee under section 4C (Declared fees to be passed on to consumers) or the basis on which the fee is worked out.

1. Section 17

   renumber subsections when Act next republished under Legislation Act

2. Principles for regulatory reference investigations
   Section 19J

   omit

   The commission

   substitute

3. The commission

4. New section 19J (2)

   insert

5. On a regulatory reference, the commission is not to question the amount of a declared fee under section 4C (Declared fees to be passed on to consumers) or the basis on which the fee is worked out.

6. Directions about prices
   New section 20 (2A)

   insert

(2A)    Also, in making a decision under subsection (1), the commission must allow a declared fee under section 4C (Declared fees to be passed on to consumers) to be passed on in full to consumers of the service.

1. Section 20

   renumber subsections when Act next republished under Legislation Act

2. Consent variations
   New section 24C (3A)

   insert

(3A)    However, in deciding whether to consent to a variation, the commission must allow a declared fee under section 4C (Declared fees to be passed on to consumers) to be passed on in full to consumers of the service.

1. Section 24C

   renumber subsections when Act next republished under Legislation Act

2. Procedure for nonconsent price variation investigation
   Section 24H

   omit

   The commission

   substitute

3. The commission

4. New section 24H (2)

   insert

5. However, in deciding whether to vary a price direction under this division, the commission must allow a declared fee under section 4C (Declared fees to be passed on to consumers) to be passed on in full to consumers of the service.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 23 October 2003.

2. Notification

   Notified under the Legislation Act on 25 November 2003.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Independent Competition and Regulatory Commission Amendment Bill 2003 which was passed by the Legislative Assembly on 18 November 2003.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2003