Queensland Competition Authority Regulation 2007 (QLD)

Queensland Competition Authority Regulation 2007

Part 1    General

1   Short title

This regulation may be cited as the Queensland Competition Authority Regulation 2007.

2   Definitions

In this regulation—

Allconnex Water ...

Gas Pipelines Access (Queensland) Law see the Gas Pipelines Access (Queensland) Act 1998, section 3.

Gas Pipelines Access (Queensland) Regulations see the Gas Pipelines Access (Queensland) Act 1998, section 3.

National Electricity (Queensland) Law see the Electricity—National Scheme (Queensland) Act 1997, section 3(1).

National Electricity (Queensland) Regulations see the Electricity—National Scheme (Queensland) Act 1997, section 3(1).

QR Limited ...

Queensland Urban Utilities means the Central SEQ Distributor-Retailer Authority established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 8.

railway manager ...

repealed regulation ...

subsidiary ...

Unitywater means the Northern SEQ Distributor-Retailer Authority established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 8.

2A   Declaration of monopoly business activity—Act, s 20

For section 20(1) of the Act, the government business activity of providing water and sewerage services by each of the following is declared to be a monopoly business activity—

(a)Bundaberg Regional Council;

(b)Cairns Regional Council;

(c)Gold Coast City Council;

(d)Logan City Council;

(e)Mackay Regional Council;

(f)Queensland Urban Utilities;

(g)Redland City Council;

(h)Rockhampton Regional Council;

(i)Toowoomba Regional Council;

(j)Townsville City Council;

(k)Unitywater.

2B   [Repealed]

2C   [Repealed]

3   Fees—Act, s 245(2)

(1)The fee payable to the authority for providing a service or performing a function mentioned in schedule 1 is the amount—

(a)the authority considers to be reasonable; and

(b)that is not more than the reasonable cost of providing the service or performing the function.

(2)The amount may be recovered as a debt payable to the authority.

Part 2    Repeal and transitional provisions

Division 1 Repeal

4   Repeal

The Queensland Competition Authority Regulation 1997, SL No. 125 is repealed.

Division 2 Transitional provisions

5   Transitional provision for Motor Accident Insurance and Other Legislation Amendment Act 2010

The amendment of this regulation by the Motor Accident Insurance and Other Legislation Amendment Act 2010 does not affect the power of the Governor in Council to further amend this regulation or to repeal it.

6   [Repealed]

7   [Repealed]

Schedule 1 Services and functions for which fees are payable

section 3

1each of the following services about pricing practices relating to a monopoly business activity under part 3, division 3 of the Act—

(a)giving advice;

(b)conducting an investigation;

(c)monitoring

2if requested by a government agency or another person carrying on a monopoly business activity—giving advice about pricing practices relating to the activity under part 3, division 5 of the Act

5consideration of a request for making a recommendation, under part 5, division 2 of the Act, for—

(a)the declaration by the Minister of a particular candidate service; or

(b)the revocation of a Ministerial declaration

6mediation of an access dispute under part 5, division 5, subdivision 2A of the Act

7arbitration of an access dispute, including the making of an access determination, under part 5, division 5, subdivision 3 of the Act

8preparation or approval of a draft access undertaking under part 5, division 7 of the Act

9preparation or approval of a draft access undertaking amending an approved access undertaking under part 5, division 7 of the Act

10withdrawal of an approved access undertaking under part 5, division 7 of the Act

11performance of any other function of the authority under part 5, division 7 of the Act, other than a function mentioned in item 7, 8 or 9

12preparation or revision of a cost allocation manual under part 5, division 9 of the Act

13consideration of a request for making a recommendation, under part 5A, division 2 of the Act—

(a)that a particular candidate water supply activity be declared by the Minister to be a monopoly water supply activity; or

(b)for the revocation of a declaration by the Minister of a monopoly water supply activity

14performance of any function of the authority under part 5A, division 2, subdivision 7 of the Act, including the making of a water pricing determination for a monopoly water supply activity

15taking action under part 5A, division 6, subdivision 2 of the Act

16performance of a function given to the authority under the Gas Pipelines Access (Queensland) Law or the Gas Pipelines Access (Queensland) Regulations

17performance of a function given to the authority under the Electricity Act 1994, the National Electricity (Queensland) Law, the National Electricity (Queensland) Regulations, the National Energy Retail Law (Queensland) Act 2014 or the National Energy Retail Law (Queensland) Regulation 2014

18conduct of an arbitration hearing about an application for arbitration under the Water Supply (Safety and Reliability) Act 2008, section 524(2)

19if directed by the Minister—monitor compliance by a government agency, or conduct an arbitration hearing for resolving a dispute about a government agency’s compliance, with a code of conduct the agency has agreed to abide by

21performance of any other function given to the authority under another Act