Trade Practices Amendment Regulations 2008 (No. 3) (Cth)

Trade Practices Amendment Regulations 2008 (No. 3)¹

Select Legislative Instrument 2008 No. 137

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Practices Act 1974.

Dated 24 June 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

CHRIS BOWEN

Assistant Treasurer

Contents

1Name of Regulations                                            2

2Commencement                                                 2

3Amendment of Trade Practices Regulations 1974          2

4Amendment of Trade Practices Regulations 1974          2

Schedule 1Amendments commencing on day after registration 3

Schedule 2Amendments commencing on commencement of Schedule 1 to Australian Energy Market Amendment (Gas Legislation) Act 2007 6

Name of Regulations

These Regulations are the Trade Practices Amendment Regulations 2008 (No. 3).

Commencement

These Regulations commence as follows:

(a)on the day after they are registered — regulations 1, 2 and 3 and Schedule 1;

(b)on the commencement of Schedule 1 to the Australian Energy Market Amendment (Gas Legislation) Act 2007 — regulation 4 and Schedule 2.

Amendment of Trade Practices Regulations 1974

Schedule 1 amends the Trade Practices Regulations 1974.

Amendment of Trade Practices Regulations 1974

Schedule 2 amends the Trade Practices Regulations 1974.

Schedule 1 Amendments commencing on day after registration

(regulation 3)

[1] Subreregulation 2 (1), after definition of Competition Code

insert

MSO Rules has the meaning given by section 3 of the Gas Industry Act 2001 of Victoria.

[2] After regulation 6J

insert

Australian Energy Regulator may disclose information to prescribed persons and bodies (Act paragraph 44AAF (3) (e))

For paragraph 44AAF (3) (e) of the Act, the bodies set out in the following table are prescribed bodies.

Item		Prescribed body
Commonwealth
1.1		National Competition Council, established by section 29A of the Act
1.2		Tribunal constituted by subsection 30 (1) of the Act
New South Wales
2.1		Independent Pricing and Regulatory Tribunal of New South Wales established by subsection 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales
2.2		Energy and Water Ombudsman (NSW) Limited (ACN 079 718 915)
Victoria
3.1		Victorian Energy Networks Corporation continued in existence by subsection 158 (1) of the Gas Industry Act 2001 of Victoria
3.2		Essential Services Commission established by subsection 7 (1) of the Essential Services Commission Act 2001 of Victoria
3.3		Energy and Water Ombudsman (Victoria) Limited (ACN 070 516 175)
Queensland
4.1		Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland
4.2		Energy Ombudsman established by section 10 of the Energy Ombudsman Act2006 of Queensland
Western Australia
5.1		Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia
South Australia
6.1		Essential Services Commission established by subsection 4 (1) of the Essential Services Commission Act 2002 of South Australia
6.2		Electricity Supply Industry Planning Council established by section 6C of the Electricity Act 1996 of South Australia
6.3		Energy Industry Ombudsman (SA) Limited (ACN 089 791 604)
Tasmania
7.1		Office of the Regulator established by subsection 5 (1) of the Electricity Supply Industry Act 1995 of Tasmania
7.2		Ombudsman within the meaning of the Energy Ombudsman Act 1998 of Tasmania
Australian Capital Territory
8.1	Independent Competition and Regulatory Commission for the Australian Capital Territory established by subsection 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory
8.2	Essential Service and Consumer Council established by section 169 of the Utilities Act 2000 of the Australian Capital Territory

7APrescribed energy laws (Act paragraph 44AB (c))

For paragraph (c) of the definition of State/Territory energy law in section 44AB of the Act, the laws set out in the following table are prescribed.

Item

Prescribed laws

Victoria

3.1 Parts 3 and 4 of the Gas Industry Act 2001 of Victoria

3.2 Chapters 1 to 9 of the MSO Rules

Item	Prescribed laws
3.1	Parts 3 and 4 of the Gas Industry Act 2001 of Victoria
3.2	Chapters 1 to 9 of the MSO Rules

Schedule 2 Amendments commencing on commencement of Schedule 1 to Australian Energy Market Amendment (Gas Legislation) Act 2007

(regulation 4)

[1] Subregulation 6AA (2)

omit

section 44AB

insert

subsection 4 (1)

[2] Subregulation 6AA (2), note

omit

section 44AB

insert

subsection 4 (1)

[3] Regulation 7A

substitute

7APrescribed energy laws (Act subparagraph 4 (1) (c) (ii))

For subparagraph (c) (ii) of the definition of State/Territory energy law in subsection 4 (1) of the Act, the laws set out in the following table are prescribed.

Item

Prescribed laws

Victoria

3.1 Parts 3 and 4 of the Gas Industry Act 2001 of Victoria

3.2 Chapters 1 to 9 of the MSO Rules

Western Australia

5.1 Section 15 of the Gas Pipelines Access (Western Australia) Act 1998 of Western Australia

Tasmania

7.1 Division 7 of Part 2 of the Tasmanian Electricity Supply Industry Act 1995 of Tasmania

Item	Prescribed laws
Victoria
3.1	Parts 3 and 4 of the Gas Industry Act 2001 of Victoria
3.2	Chapters 1 to 9 of the MSO Rules
Western Australia
5.1	Section 15 of the Gas Pipelines Access (Western Australia) Act 1998 of Western Australia
Tasmania
7.1	Division 7 of Part 2 of the Tasmanian Electricity Supply Industry Act 1995 of Tasmania

7BMerits review by Tribunal (Act subsection 44ZZR (2))

For subsection 44ZZR (2) of the Act, the following provisions of these Regulations apply to a merits review conducted by the Tribunal:

(a)regulations 17, 18, 19 and 21;

(b)paragraphs 22 (1) (a) and (aa);

(c)subregulation 22 (2);

(d)regulations 22A, 23 and 25;

(e)subregulation 26 (1A);

(f)paragraph 28M (1) (c);

(g)subregulations 28M (2), (3) and (4);

(h)regulation 28P.

7CRegister of applications for review under State/Territory energy law (Act subsection 44ZZR (2))

(1)For subsection 44ZZR (2) of the Act, the Tribunal must keep a register of applications for review under a State/Territory energy law.

(2)The register must include:

(a)any document given to the Tribunal in relation to an application referred to in subregulation (1); and

(b)particulars of any oral submission made to the Tribunal in relation to such an application; and

(c)the determination of the Tribunal on such an application and the statement of the reasons given by the Tribunal for that determination;

unless regulation 7D requires the exclusion of the document, particulars or determination.

7DConfidentiality claims etc (Act subsection 44ZZR (2))

Requests for confidential treatment

(1)If a person gives information to the Tribunal in relation to an application referred to in subregulation 7C (1), the person may, at the time of giving the information, request that the information be excluded from the register and the Commission’s website because of its confidential nature.

Confidentiality claims to be determined first

(2)If a request is made under subregulation (1), the information must be excluded from the register and the Commission’s website until the Tribunal has made a determination on the request.

When Tribunal must exclude information

(3)If a request is made under subregulation (1), the Tribunal must exclude the information from the register and the Commission’s website if the information contains particulars of:

(a)the amount of electricity or gas a person has used or has a right to obtain; or

(b)the cost of gas or electricity services to the person.

When Tribunal may exclude information

(4)If a request is made under subregulation (1), the Tribunal may exclude the information from the register and the Commission’s website if it is satisfied that it is desirable to do so because of the confidential nature of the information.

If request refused, document may be withdrawn

(5)The Tribunal must return the document or part of the document to the person:

(a)if the Tribunal refuses a request made under subregulation (1) and the information is contained in the document; or

(b)if the person who gave the document to the Tribunal so requires.

(6)If paragraph (5) (a) or (b) applies, the Tribunal must exclude the document or the part of the document (as the case requires) from the register and the Commission’s website.

If request refused, oral submission may be withdrawn

(7)The person who made the submission may withdraw all or part of the submission if:

(a)the Tribunal refuses a request made under subregulation (1); and

(b)the information was given by way of oral submission.

(8)If subregulation (7) applies, the Tribunal must exclude the submission or part of the submission (as the case requires) from the register and the Commission’s website.

Tribunal may exclude information for other reasons

(9)The Tribunal may exclude information from the register and the Commission’s website if it is satisfied that it is desirable to do so for any reason other than the confidential nature of the information.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See