2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

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

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

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

This Act commences on the day after its notification day.

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

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

declared fee means a fee declared under section 4C.

(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.

Note A 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.

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

The commission

(1) The commission

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

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

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

The commission

(1) The commission

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

For the latest republication of amended laws, see www.legislation.act.gov.au.