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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Commission of Inquiry on Water Pricing
Bill 2015
A BILL FOR
An Act to provide for a Commission of Inquiry into water pricing; to
provide evidentiary powers and immunities in connection with the inquiries; and
for other purposes.
Contents
1Short title
3Terms of reference of Inquiry
9Protection to commissioner and
witnesses
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Commission of Inquiry on Water Pricing
Act 2015.
In this Act, unless the contrary intention appears—
commissioner means the commissioner appointed to conduct the
commission of inquiry under
section 4
;
Inquiry means the commission of inquiry established under
this Act;
SA Water means the South Australian Water
Corporation established under the
South
Australian Water Corporation Act 1994
;
water pricing means prices and price-fixing factors,
including supply and usage charges, for services provided by SA Water to
consumers or users in South Australia for the sale and supply
of—
(a) water for use by the consumer or user where the water is to be
conveyed by a reticulated system; or
(b) sewerage services for the removal of sewage.
3—Terms
of reference of Inquiry
The terms of reference of the Inquiry are to inquire into and report
on—
(a) water pricing for consumers or users of water in South Australia,
including the reasons why water charges in South Australia are higher than in
other Australian States and Territories; and
(b) economic,
legislative and other reform of the water industry that would promote water
pricing that would result in lower charges to consumers or users of water or
sewerage services in South Australia, in particular reform of the role in the
regulation of water pricing of—
(i) SA Water and the Minister responsible for the administration of
the
South
Australian Water Corporation Act 1994
; and
(ii) the Essential Services Commission established under the
Essential
Services Commission Act 2002
and Minister responsible for the administration of that Act; and
(iii) the Treasurer; and
(c) without limiting
paragraph (b)
, whether a scheme for third party access to water infrastructure and
sewerage infrastructure services operated by SA Water would
promote—
(i) the economically efficient use and operation of, and investment in,
such services; and
(ii) water pricing that would result in lower charges to consumers or
users of such services in South Australia.
(1) A commission of inquiry is established.
(2) The Inquiry is
to be constituted by a commissioner appointed by the Governor.
(3) An appointment made under
subsection (2)
will be on conditions determined by the Governor.
(4) If the person
appointed by the Governor as commissioner is a Judge or former Judge within the
meaning of the
Judges'
Pensions Act 1971
then the following provisions will apply in relation to the person so
appointed despite the provisions of that Act:
(a) the person will, while holding office under this Act, be taken to be
in judicial service within the meaning of, and for the purposes of, the
Judges'
Pensions Act 1971
;
(b) if relevant, the person will be taken not to have retired or resigned
from judicial service for the purposes of the
Judges'
Pensions Act 1971
until he or she completes his or her term of office under this
Act.
(5) The term of office of the commissioner under this Act will be
determined to have come to an end on a day fixed by the Minister by notice in
writing to the commissioner.
In conducting the Inquiry, the commissioner—
(a) will not be bound by any rules or practices as to procedure or
evidence, and may inform himself or herself in such a manner as the commissioner
thinks fit; and
(b) must seek to adopt procedures that will ensure wide consultation is
undertaken, in a cost-effective way, on matters relevant to the Inquiry;
and
(c) may sit at any time and in any place and may adjourn sittings from
time to time and from place to place; and
(d) may take evidence in public or in private; and
(e) may refer any matter to an expert for advice, investigation or report;
and
(f) may publish any information the commissioner thinks fit.
(1) The commissioner may employ such staff as the commissioner thinks
necessary for the proper conduct of the Inquiry.
(2) A person employed under this section is not a Public Service
employee.
(3) The commissioner may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
(1) If a person refuses or fails—
(a) to comply with a summons issued under this Act; or
(b) to make an oath or affirmation when required to do so by the
commissioner; or
(c) to answer a question on a subject relevant to the Inquiry to the best
of the person's knowledge, information and belief,
the Supreme Court may, on application by the commissioner, compel the
attendance of the person before the Court to give evidence or to produce
evidentiary material for the purposes of the Inquiry.
(2) A person who, without reasonable excuse, refuses or
fails—
(a) to comply with a summons issued under this Act; or
(b) to make an oath or affirmation when required to do so by the
commissioner; or
(c) to answer a question on a subject relevant to the Inquiry to the best
of the person's knowledge, information and belief,
is guilty of an offence.
Maximum penalty: $10 000.
(1) The commissioner must complete the Inquiry, and prepare a report on
its outcome—
(a) before 31 December 2015; or
(b) if the commissioner determines, by notice in writing to the Minister,
that it is not reasonably practicable to complete the Inquiry and report before
31 December 2015—as soon as is reasonably practicable after that
date.
(2) The report required under this section must be delivered to the
Governor.
(3) The Minister must cause a copy of the report to be laid before each
House of Parliament within 3 sitting days after the receipt of the report
by the Governor.
9—Protection
to commissioner and witnesses
(1) The commissioner has, in connection with the conduct of the Inquiry
and in respect of a report required under
section 8
, the same protection, privileges and immunities as a Judge of the Supreme
Court.
(2) A person who appears before the Inquiry, or who provides evidentiary
material to the Inquiry, has the same protection, privileges and immunities as a
witness in proceedings before the Supreme Court.
(3) A legal practitioner who represents a person in connection with the
Inquiry has the same protection, privileges, immunities and obligations as
counsel involved in proceedings before the Supreme Court.