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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Maritime Services (Access) (Miscellaneous) Amendment
Bill 2009
A BILL FOR
An Act to amend the Maritime Services (Access)
Act 2000.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Maritime Services (Access)
Act 2000
4 Amendment of section
3—Objects
5 Amendment of section 4—Interpretation
6 Amendment
of section 6—Certain maritime industries to be regulated
industries
7 Repeal of section 7
8 Amendment of section 18—Power to
refer dispute to arbitration
9 Insertion of section
30A
30A Time limit for arbitration
10 Amendment of
section 32—Principles to be taken into account by
arbitrator
11 Amendment of section 40—Appeal from award on question of
law
12 Amendment of section 43—Review and expiry of
Part
13 Amendment of section 46—Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Maritime Services (Access) (Miscellaneous)
Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Maritime Services (Access)
Act 2000
4—Amendment of
section 3—Objects
Section 3(b)—after "maritime services" insert:
through the promotion of the economically efficient use and operation of,
and investment in, those services
5—Amendment of
section 4—Interpretation
Section 4(1), definition of initial period of price
regulation—delete the definition
6—Amendment of
section 6—Certain maritime industries to be regulated
industries
(1) Section 6(2) and (4)—delete subsections (2) and (4) and
substitute:
(2) The Commission is authorised to make a price determination under Part
3 of the Essential Services Commission Act 2002 relating to
essential maritime industries.
(3) A price determination authorised by subsection (2) must specify
an expiry date that is not later than the date on which the prescribed period in
which the determination takes effect ends.
(2) Section 6(6)—delete "and, in particular, the Commission is
responsible for the enforcement of the pricing determination made under
subsection (2)"
(3) Section 6—after subsection (6) insert:
(7) In this section—
prescribed period means—
(a) the period ending 30 October 2012; and
(b) each successive period of 5 years thereafter.
Section 7—delete the section
8—Amendment of
section 18—Power to refer dispute to arbitration
(1) Section 18(1)—after "conciliation," insert:
or, in any event, if the dispute is not resolved within 6 months after the
referral of the dispute to the Commission under section 16,
(2) Section 18(3)—after "dispute" insert:
and must be a person who—
(a) is independent of the parties to the dispute; and
(b) is not subject to the control or direction of the South Australian
Government in any capacity; and
(c) is properly qualified to act in the resolution of the dispute;
and
(d) has no direct or indirect interest in the outcome of the
dispute.
(3) Section 18(4)—delete subsection (4)
(4) Section 18(5)—delete "or decide to act as arbitrator himself or
herself"
Before section 31 insert:
30A—Time limit for arbitration
(1) An award must be made within the period of 6 months from the date on
which the dispute is referred to arbitration (the standard
period).
(2) However, if after the commencement of the standard period the
arbitrator exercises a power under this Part in relation to the provision of
information or documents, any period between the date of the exercise of the
power and the date of compliance is not to be taken into account when
determining the end date of the standard period.
10—Amendment of
section 32—Principles to be taken into account by
arbitrator
(1) Section 32—after paragraph (h) insert:
and
(i) the pricing principles specified in subsection (2).
(2) Section 32—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) The pricing principles relating to the price of access to a service
are as follows:
(a) that access prices should allow multi-part pricing and price
discrimination when it aids efficiency;
(b) that access prices should not allow a vertically integrated operator
to set terms and conditions that would discriminate in favour of its downstream
operations, except to the extent that the cost of providing access to others
would be higher;
(c) that access prices should provide incentives to reduce costs or
otherwise improve productivity.
11—Amendment of
section 40—Appeal from award on question of law
Section 40—after subsection (3) insert:
(4) Unless the Court specifically decides to suspend the operation of an
award until the determination of an appeal, an appeal does not suspend the
operation of an award.
12—Amendment of
section 43—Review and expiry of Part
(1) Section 43(1)—delete subsection (1)
(2) Section 43(2)—delete "triennial cycle" and substitute:
prescribed period
(3) Section 43(5)(a)—delete "triennial cycle" and
substitute:
prescribed period
(4) Section 43(5)(b)—delete "cycle" and substitute:
prescribed period
(5) Section 43(7)—delete "triennial cycle" first occurring and
substitute:
prescribed period
(6) Section 43(7)(a)—delete "cycle" and substitute:
prescribed period
(7) Section 43(7)(a)—delete "triennial cycle" and
substitute:
prescribed period
(8) Section 43—after subsection (7) insert:
(8) In this section—
prescribed period means—
(a) the period ending 30 October 2012; and
(b) each successive period of 5 years thereafter.
13—Amendment of
section 46—Transitional provision
(1) Section 46(3), note—delete the note
(2) Section 46—after subsection (3) insert:
(4) The pricing determination in relation to essential maritime services
made by the Commission under the Essential Services Commission
Act 2002 in operation immediately before the commencement of this
subsection will expire on 30 October 2012.