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TASMANIA
__________
ECONOMIC REGULATOR AMENDMENT BILL
2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ECONOMIC REGULATOR ACT 2009 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 amended (Declaration of monopoly service)
6. Section 9 amended (Tasmanian Economic Regulator)
7. Section 11 amended (Powers of Regulator generally)
8. Section 12 amended (Power to publish guidelines)
9. Section 13 amended (Delegation)
10. Part 2, Division 2 substituted
Division 2 - Appointment of Regulator &c.
15. Terms of office of Regulator
16. Acting Regulator
16A. Assistant Regulator
16B. Qualifications for appointment
16C. Remuneration and conditions of appointment
16D. Vacation of office
16E. Disclosure of interest
16F. Validation of proceedings, &c.
16G. Presumptions
[Bill 11]-VI
11. Section 17 amended (Staff of Regulator)
12. Section 18 amended (Assistance and facilities)
13. Section 19 amended (Funds)
14. Section 20 amended (Costs of monopoly provider investigations)
15. Section 21 amended (Financial statements)
16. Section 24 amended (Requirement to conduct monopoly
provider investigation)
17. Section 25 amended (Terms of reference)
18. Section 26 amended (Notice of monopoly provider
investigation)
19. Section 27 amended (Conduct of monopoly provider
investigations)
20. Section 30 amended (Use of documents or other information)
21. Section 32 amended (Limitations on monopoly provider
investigation and reporting)
22. Section 33 amended (Offences)
23. Section 34 amended (Draft report)
24. Section 35 amended (Final report)
25. Section 37 amended (Action by monopoly provider following
pricing policy order)
26. Section 39 amended (Direction to conduct prescribed body
inquiry)
27. Section 40 amended (Conduct of prescribed body inquiry)
28. Section 41 amended (Use of documents or other information)
29. Section 42 amended (Report on prescribed body inquiry)
30. Section 43 amended (Offences)
31. Section 44 amended (Direction to conduct taxi fare methodology
inquiry)
32. Section 45 amended (Conduct of taxi fare methodology inquiry)
33. Section 46 amended (Offences)
34. Section 47 amended (Report on taxi fare methodology inquiry)
35. Section 54 amended (Conduct of complaint investigation)
36. Section 56 amended (Use of documents or other information)
2
37. Section 59 repealed
38. Section 60 amended (Action by prescribed body on
determination)
39. Section 60A inserted
60A. Minister may make direction
40. Section 62 amended (Offences)
41. Section 68A inserted
68A. Further savings and transitionals
42. Section 68 amended (Savings and transitional provisions)
43. Schedule 1 amended (Certain monopoly providers)
44. Schedules 2, 3 and 4 repealed
PART 3 - ELECTRICITY SUPPLY INDUSTRY (PRICING AND
RELATED MATTERS) REGULATIONS 2013 AMENDED
45. Principal Regulations
46. Regulation 10 amended (Notice of investigation to be given)
47. Regulation 14 amended (Notice to be given of making of price-
regulated retail service price determination)
48. Regulation 18 amended (Process for amendment or revocation)
49. Regulation 22 amended (Notice of investigation to be given)
50. Regulation 27 amended (Notice of investigation to be given)
51. Regulation 31 amended (Notice to be given of intention to make
declaration of declared electrical services)
52. Regulation 35 amended (Regulator to consider, before expiry of
existing determination, whether to revoke declaration)
53. Regulation 37 amended (Notice of investigation to be given)
54. Regulation 42 amended (Notice to be given of making of
declared electrical service price determination)
55. Regulation 46 amended (Process for making of amendment or
revocation)
56. Regulation 47C amended (Notice of investigation to be given)
57. Regulation 47F amended (Notice of making of feed-in tariff rate
determination)
58. Regulation 47J amended (Process for amendment or revocation)
59. Regulation 54 amended (Final report)
3
PART 4 - ELECTRICITY SUPPLY INDUSTRY ACT 1995 AMENDED
60. Principal Act
61. Section 3 amended (Interpretation)
62. Section 6 amended (Regulator's functions and powers)
63. Section 7 inserted
7. Enforcement of Act by Regulator
64. Sections 10A, 10B and 10C inserted
10A. State of the industry report
10B. Network reliability report
10C. Price comparison report
65. Section 12 amended (Advisory committees)
66. Section 43A amended (Regulator may charge for certain
expenses)
67. Section 99 amended (Powers of Regulator or workplace health
and safety Secretary on review)
68. Section 116A amended (Regulator or workplace health and
safety Secretary may take court action on behalf of customer)
PART 5 - ENERGY OMBUDSMAN ACT 1998 AMENDED
69. Principal Act
70. Section 3 amended (Interpretation)
71. Section 39B amended (Review of apportionment in budget)
PART 6 - GAS ACT 2000 AMENDED
72. Principal Act
73. Section 8 amended (Functions of Regulator)
74. Sections 8A and 8B inserted
8A. State of the industry report
8B. Enforcement of Act by Regulator
75. Section 11 amended (Delegation)
76. Section 26 amended (Licence term and renewal)
77. Section 30 amended (Licences conferring exclusive franchise)
PART 7 - GAS PIPELINES ACT 2000 AMENDED
78. Principal Act
79. Sections 7 and 7A inserted
4
7. State of the industry report
7A. Enforcement of Act by Regulator
80. Section 11 amended (Application for pipeline licence)
81. Section 42 amended (Public notification to be given in Gazette,
&c.)
PART 8 - METRO TASMANIA ACT 1997 AMENDED
82. Principal Act
83. Part 3A inserted
PART 3A - Fares order
18A. Interpretation
18B. Requirement to conduct Company review
18C. Terms of reference
18D. Notice of Company review
18E. Conduct of Company review
18F. Requiring person to provide documents or
information
18G. Draft report
18H. Final report
18I. Fares order
18J. Action by Company following fares order
18K. Transitional provisions
PART 9 - URBAN DRAINAGE ACT 2013 AMENDED
84. Principal Act
85. Section 8 amended (Provision where commercial arrangements
cannot be agreed)
PART 10 - WATER AND SEWERAGE INDUSTRY (PRICING AND
RELATED MATTERS) REGULATIONS 2011 AMENDED
86. Principal Regulations
87. Regulation 23 amended (Notice of investigation)
PART 11 - WATER AND SEWERAGE INDUSTRY ACT 2008
AMENDED
88. Principal Act
89. Section 8 amended (Minister or Regulator may establish
committees)
90. Section 14 amended (Delegation of Regulator's functions and
powers)
5
91. Section 22 amended (Review, amendment and replacement of
codes)
92. Section 67 amended (General provisions relating to
determinations)
93. Section 70 amended (State of the industry report)
94. Section 80 amended (Grounds for review)
PART 12 - MISCELLANEOUS
95. Consequential amendments of regulations do not prevent
subsequent amendment
96. Repeal of Act
6
ECONOMIC REGULATOR AMENDMENT BILL
2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
21 April 2015
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to amend the Economic Regulator Act 2009, the
Electricity Supply Industry Act 1995, the Energy
Ombudsman Act 1998, the Gas Act 2000, the Gas Pipelines
Act 2000, the Metro Tasmania Act 1997, the Urban
Drainage Act 2013 and the Water and Sewerage Industry
Act 2008, and related subordinate legislation
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Economic
Regulator Amendment Act 2015.
2. Commencement
This Act commences on 1 July 2015.
[Bill 11] 7
Economic Regulator Amendment Act 2015
Act No. of
s. 3 Part 2 - Economic Regulator Act 2009 Amended
PART 2 - ECONOMIC REGULATOR ACT 2009
AMENDED
3. Principal Act
In this Part, the Economic Regulator Act 2009*
is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of Agency:
Acting Regulator means a person
appointed under section 16 to act
as the Regulator;
(b) by inserting the following definition after
the definition of ancillary service:
Assistant Regulator mean a person
appointed under section 16A as
Assistant Regulator;
(c) by omitting the definition of Regulator
and substituting the following definition:
Regulator means the Tasmanian
Economic Regulator appointed
under section 9;
*No. 58 of 2009
8
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 5
5. Section 6 amended (Declaration of monopoly
service)
Section 6(3) of the Principal Act is amended by
omitting "its" and substituting "his or her".
6. Section 9 amended (Tasmanian Economic
Regulator)
Section 9 of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) The Minister is to appoint a
person to be the Tasmanian
Economic Regulator.
(2) The Regulator -
(a) is a corporation sole; and
(b) has a seal; and
(c) may sue and be sued in
his or her corporate name.
(b) by inserting the following subsections
after subsection (4):
(5) All courts and persons acting
judicially are to take judicial
notice of -
9
Economic Regulator Amendment Act 2015
Act No. of
s. 7 Part 2 - Economic Regulator Act 2009 Amended
(a) the official signature of a
person who is or has been
the Regulator; and
(b) the fact that the person
holds or has held the
office of Regulator.
(6) Division 2 of this Part has effect
in relation to the Regulator.
(7) Before performing any function
or exercising any power under
this Act, or any other Act, the
Regulator is to have regard to the
costs and benefits of the
Regulator's actions.
(8) Despite subsection (7), the
Regulator -
(a) may perform any function
or exercise any power
under this Act, or any
other Act, regardless of
the costs or benefits of the
action; and
(b) is not required to give, to
any person, reasons for so
performing the function
or exercising the power.
10
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 7
7. Section 11 amended (Powers of Regulator
generally)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d) "its" and
substituting "his or her";
(b) by omitting from paragraph (e) "it" and
substituting "he or she";
(c) by omitting from paragraph (f) "its" and
substituting "his or her".
8. Section 12 amended (Power to publish guidelines)
Section 12 of the Principal Act is amended by
omitting "its" and substituting "his or her".
9. Section 13 amended (Delegation)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting "a member of the Regulator
or";
(b) by omitting "its" first occurring and
substituting "his or her";
(c) by omitting from paragraph (b) "its" and
substituting "the";
(d) by omitting from paragraph (c) "its" and
substituting "the".
11
Economic Regulator Amendment Act 2015
Act No. of
s. 10 Part 2 - Economic Regulator Act 2009 Amended
10. Part 2, Division 2 substituted
Division 2 of Part 2 of the Principal Act is
repealed and the following Division is
substituted:
Division 2 - Appointment of Regulator &c.
15. Terms of office of Regulator
(1) The Regulator may be appointed for a
term of not more than 5 years as
specified in his or her instrument of
appointment and may be reappointed.
(2) For the purposes of this Part, the
Regulator is absent from the office of
Regulator if he or she -
(a) is absent from duty; or
(b) has vacated, within the meaning
of section 16D, the office of
Regulator; or
(c) has a direct or indirect interest
(pecuniary or otherwise) in a
matter being or about to be
considered by the Regulator; or
(d) is otherwise unable to perform
the functions of the office of
Regulator.
12
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 10
16. Acting Regulator
(1) The Minister may appoint a person as
Acting Regulator to act as the Regulator
during any particular, or every, period
during which the Regulator is absent.
(2) The appointment of an Acting Regulator
is subject to, and has effect in accordance
with, the terms and conditions (including
remuneration and allowances) specified
in the instrument of appointment.
(3) If a vacancy, within the meaning of
section 16D, occurs in the office of
Regulator while a person appointed
under this section is acting as the
Regulator, that person may continue to so
act until a person is appointed as
Regulator under section 9.
(4) While a person is acting as the Regulator
in accordance with this section, he or she
is taken to be the Regulator.
16A. Assistant Regulator
(1) The Minister may appoint a person to the
office of Assistant Regulator to perform
a specific function of the Regulator as
specified in the instrument of
appointment.
(2) The appointment of a person under
subsection (1) -
13
Economic Regulator Amendment Act 2015
Act No. of
s. 10 Part 2 - Economic Regulator Act 2009 Amended
(a) is for the period required to
complete the function specified in
the instrument of appointment;
and
(b) is subject to, and has effect in
accordance with, the terms and
conditions (including
remuneration and allowances)
specified in the instrument of
appointment.
(3) While a person is acting as an Assistant
Regulator in accordance with this
section, that person -
(a) is, subject to paragraph (b), taken
to be the Regulator in respect of
the specific function the person
has been appointed to perform;
and
(b) may only make a determination
or decision as the Regulator if
that determination or decision has
been agreed to by the Regulator
or Acting Regulator.
(4) Nothing in this section prevents the
Regulator, or Acting Regulator, from
performing a function that an Assistant
Regulator has been appointed to perform.
14
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 10
16B. Qualifications for appointment
(1) In appointing a person to be the
Regulator, the Acting Regulator or an
Assistant Regulator, the Minister is to be
satisfied that the person has knowledge
of, or experience in -
(a) industry, commerce, economics,
law or public administration; or
(b) the regulation of utilities or the
provision of services by a
monopoly provider or other
utility.
(2) The State Service Act 2000 does not
apply in relation to the Regulator, the
Acting Regulator or an Assistant
Regulator in his or her capacity as such.
(3) A person may hold, but is not required to
hold, the office of Regulator, Acting
Regulator or Assistant Regulator in
conjunction with State Service
employment.
16C. Remuneration and conditions of
appointment
(1) A person appointed as the Regulator, the
Acting Regulator or an Assistant
Regulator is entitled to be paid such
remuneration and allowances as the
Minister determines.
15
Economic Regulator Amendment Act 2015
Act No. of
s. 10 Part 2 - Economic Regulator Act 2009 Amended
(2) A person appointed as the Regulator, the
Acting Regulator or an Assistant
Regulator who is also a State Service
employee or State Service officer is not
entitled to remuneration or allowances
under this section except with the
approval of the Minister administering
the State Service Act 2000.
(3) A person appointed as the Regulator, the
Acting Regulator or an Assistant
Regulator holds office on such conditions
in relation to matters not provided for by
this Act as are specified in the person's
instrument of appointment.
16D. Vacation of office
(1) The Regulator, the Acting Regulator or
an Assistant Regulator is taken to have
vacated his or her office if he or she -
(a) dies; or
(b) becomes bankrupt, applies to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, compounds with his or
her creditors, or makes an
assignment of his or her
remuneration or estate for their
benefit; or
(c) resigns his or her office by
writing under his or her hand
addressed to the Minister and the
16
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 10
Minister accepts the resignation;
or
(d) is removed from office by the
Minister under subsection (2).
(2) The Minister may remove a person from
the office of Regulator, Acting Regulator
or Assistant Regulator if the Minister is
satisfied that the person -
(a) is absent from that office -
(i) otherwise than in
accordance with the
person's instrument of
appointment to that
office; or
(ii) without the permission of
the Minister; or
(b) is convicted, in Tasmania or
elsewhere, of a crime or an
offence punishable by
imprisonment for a term of 12
months or longer; or
(c) is convicted of an offence under
this Act; or
(d) is unable to adequately perform
the duties of office.
17
Economic Regulator Amendment Act 2015
Act No. of
s. 10 Part 2 - Economic Regulator Act 2009 Amended
16E. Disclosure of interest
(1) If a person appointed to the office of
Regulator, Acting Regulator or Assistant
Regulator has a direct or indirect interest
(pecuniary or otherwise) in a matter that
is about to be considered by the person in
his or her capacity as Regulator, Acting
Regulator or Assistant Regulator, the
person must disclose the nature of the
interest to the Minister as soon as
practicable after the relevant facts come
to the person's knowledge.
Penalty: Fine not exceeding 50 penalty
units.
(2) Unless the Minister otherwise
determines, a person who has made a
disclosure under subsection (1) in
relation to a matter must not -
(a) be present during any
consideration of, or the making of
a decision in relation to, the
matter under this Act or during
any other proceeding in relation
to the matter under this Act; or
(b) take part in any consideration of,
or the making of a decision in
relation to, the matter.
(3) Subsection (1) does not apply in respect
of an interest that consists only of the
receipt of a service that -
18
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 10
(a) is also available to members of
the public; and
(b) is made available on the same
terms as apply to members of the
public.
16F. Validation of proceedings, &c.
(1) No act or proceeding of the Regulator,
the Acting Regulator or an Assistant
Regulator or any person acting under the
direction of the Regulator is invalidated
or prejudiced by reason only of the fact
that, at the time when the act or
proceeding was done, taken or
commenced, there was a vacancy in the
office of Regulator.
(2) All acts and proceedings of the
Regulator, the Acting Regulator or an
Assistant Regulator or of a person acting
under a direction of the Regulator are,
despite the subsequent discovery of a
defect in the appointment of the
Regulator, the Acting Regulator or the
Assistant Regulator, as valid as if the
Regulator, the Acting Regulator or the
Assistant Regulator had been duly
appointed and was qualified to act as, or
was capable of being, the Regulator, the
Acting Regulator or an Assistant
Regulator.
19
Economic Regulator Amendment Act 2015
Act No. of
s. 11 Part 2 - Economic Regulator Act 2009 Amended
16G. Presumptions
In any proceedings by or against the
Regulator, unless evidence is given to the
contrary, proof is not required of the
appointment of the Regulator, the Acting
Regulator or an Assistant Regulator.
11. Section 17 amended (Staff of Regulator)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "its" and
substituting "his or her";
(b) by omitting from subsection (2) "its" and
substituting "his or her".
12. Section 18 amended (Assistance and facilities)
Section 18 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "it"
twice occurring and substituting "the
Regulator";
(b) by omitting from subsection (1) "its" and
substituting "his or her";
(c) by omitting from subsection (2) "it"
twice occurring and substituting "the
Regulator";
20
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 13
(d) by omitting from subsection (2) "its" and
substituting "his or her".
13. Section 19 amended (Funds)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "it"
and substituting "the Regulator";
(b) by omitting from subsection (1)(a) "its"
twice occurring and substituting "his or
her";
(c) by omitting from subsection (1)(c) "it"
and substituting "the Regulator";
(d) by omitting from subsection (3)(a) "its"
twice occurring and substituting "his or
her";
(e) by omitting paragraph (b) from
subsection (3) and substituting the
following paragraph:
(b) in the payment of the
remuneration and allowances of
the Regulator, the Acting
Regulator or an Assistant
Regulator; and
21
Economic Regulator Amendment Act 2015
Act No. of
s. 14 Part 2 - Economic Regulator Act 2009 Amended
14. Section 20 amended (Costs of monopoly provider
investigations)
Section 20(6) of the Principal Act is amended by
omitting "it" and substituting "the Regulator".
15. Section 21 amended (Financial statements)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)(i)
"its" and substituting "his or her";
(b) by omitting from subsection (2) "its" and
substituting "his or her".
16. Section 24 amended (Requirement to conduct
monopoly provider investigation)
Section 24(1) of the Principal Act is amended by
omitting "its" from paragraph (a) of the
definition of initial requirement day and
substituting "his or her".
17. Section 25 amended (Terms of reference)
Section 25(c) of the Principal Act is amended by
omitting "its" and substituting "his or her".
22
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 18
18. Section 26 amended (Notice of monopoly provider
investigation)
Section 26(1)(b) of the Principal Act is amended
by omitting "Tasmania" and substituting
"Tasmania, or in such other manner,".
19. Section 27 amended (Conduct of monopoly provider
investigations)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "it" and
substituting "the Regulator";
(b) by omitting from subsection (2) "its" and
substituting "his or her";
(c) by omitting from subsection (3) "itself"
and substituting "himself or herself";
(d) by omitting from subsection (3) "it" and
substituting "the Regulator".
20. Section 30 amended (Use of documents or other
information)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "it" and
substituting "the Regulator";
(b) by omitting from subsection (4) "it" and
substituting "the Regulator".
23
Economic Regulator Amendment Act 2015
Act No. of
s. 21 Part 2 - Economic Regulator Act 2009 Amended
21. Section 32 amended (Limitations on monopoly
provider investigation and reporting)
Section 32(2) of the Principal Act is amended as
follows:
(a) by omitting "the Regulator, a member of
the Regulator" and substituting "the
Regulator, the Acting Regulator, an
Assistant Regulator";
(b) by omitting "its,";
(c) by omitting "the Regulator" third
occurring and substituting "the
Regulator, the Acting Regulator or an
Assistant Regulator";
(d) by omitting "its" second occurring and
substituting "his or her".
22. Section 33 amended (Offences)
Section 33(1)(c) of the Principal Act is amended
as follows:
(a) by omitting "Regulator, a member of the
Regulator" and substituting "the
Regulator, the Acting Regulator, an
Assistant Regulator";
(b) by omitting "its,".
24
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 23
23. Section 34 amended (Draft report)
Section 34 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a)(i) "it"
and substituting "the Regulator";
(b) by omitting from subsection (2)(a)(ii)
"its" and substituting "his or her";
(c) by omitting subsection (3).
24. Section 35 amended (Final report)
Section 35(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "force;
and" and substituting "force.";
(b) by omitting paragraph (c).
25. Section 37 amended (Action by monopoly provider
following pricing policy order)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)(a) "it"
and substituting "the Regulator";
(b) by omitting from subsection (3)(b) "it"
and substituting "the Regulator";
(c) by omitting from subsection (4) "its" first
occurring and substituting "his or her";
25
Economic Regulator Amendment Act 2015
Act No. of
s. 26 Part 2 - Economic Regulator Act 2009 Amended
(d) by omitting from subsection (4) "it" and
substituting "the Regulator".
26. Section 39 amended (Direction to conduct
prescribed body inquiry)
Section 39(3)(a) of the Principal Act is amended
by omitting "its" and substituting "his or her".
27. Section 40 amended (Conduct of prescribed body
inquiry)
Section 40 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "it" and
substituting "the Regulator";
(b) by omitting from subsection (1) "its" and
substituting "his or her";
(c) by omitting from subsection (2)(a)
"itself" and substituting "himself or
herself";
(d) by omitting from subsection (2)(a) "it"
and substituting "the Regulator";
(e) by omitting from subsection (2)(b) "it"
and substituting "the Regulator".
28. Section 41 amended (Use of documents or other
information)
Section 41(1) of the Principal Act is amended by
omitting "it" and substituting "the Regulator".
26
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 29
29. Section 42 amended (Report on prescribed body
inquiry)
Section 42(a) of the Principal Act is amended by
omitting "its" and substituting "his or her".
30. Section 43 amended (Offences)
Section 43(b) of the Principal Act is amended by
omitting "its,".
31. Section 44 amended (Direction to conduct taxi fare
methodology inquiry)
Section 44(2)(a) of the Principal Act is amended
by omitting "its" and substituting "his or her".
32. Section 45 amended (Conduct of taxi fare
methodology inquiry)
Section 45 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "it" and
substituting "the Regulator";
(b) by omitting from subsection (2)(a)
"itself" and substituting "himself or
herself";
(c) by omitting from subsection (2)(a) "it"
and substituting "the Regulator";
(d) by omitting from subsection (2)(b) "it"
and substituting "the Regulator".
27
Economic Regulator Amendment Act 2015
Act No. of
s. 33 Part 2 - Economic Regulator Act 2009 Amended
33. Section 46 amended (Offences)
Section 46(b) of the Principal Act is amended by
omitting "its,".
34. Section 47 amended (Report on taxi fare
methodology inquiry)
Section 47(a) of the Principal Act is amended by
omitting "its" and substituting "his or her".
35. Section 54 amended (Conduct of complaint
investigation)
Section 54 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "it" and
substituting "the Regulator";
(b) by omitting from subsection (2)(a)
"itself" and substituting "himself or
herself";
(c) by omitting from subsection (2)(a) "it"
and substituting "the Regulator";
(d) by omitting from subsection (2)(b) "it"
and substituting "the Regulator".
36. Section 56 amended (Use of documents or other
information)
Section 56 of the Principal Act is amended as
follows:
28
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 37
(a) by omitting from subsection (2) "it" and
substituting "the Regulator";
(b) by omitting from subsection (4) "it" and
substituting "the Regulator".
37. Section 59 repealed
Section 59 of the Principal Act is repealed.
38. Section 60 amended (Action by prescribed body on
determination)
Section 60 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "and, if the
prescribed body intends to take an action,
the period in which that action is
intended to be taken" after "that report";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) At any time after the end of the
period referred to in
subsection (1), the Regulator may
require the prescribed body,
within the period specified in the
requirement, to provide the
Regulator with information in
respect of -
(a) any action the prescribed
body has taken or is still
to take as a result of
29
Economic Regulator Amendment Act 2015
Act No. of
s. 39 Part 2 - Economic Regulator Act 2009 Amended
receiving the complaint
investigation report under
section 57(2); or
(b) any recommendation, in
the report, of a kind
referred to in
section 57(2)(a) or (b) in
respect of which the
prescribed body is not
intending to take action.
39. Section 60A inserted
After section 60 of the Principal Act, the
following section is inserted in Part 6:
60A. Minister may make direction
(1) Within 45 days after receiving a written
notice from a prescribed body under
section 60(1), the Regulator is to provide
to the Minister, and the Portfolio
Minister, a report on -
(a) the action the prescribed body has
taken, or intends to take, as
specified in the written notice;
and
(b) any recommendations in the
report on a complaint
investigation under section 57(2)
(the investigation report), that is
the basis for the written notice, in
respect of which the prescribed
30
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 39
body has not taken action and
does not intend to take action.
(2) After receiving a report under
subsection (1), the Minister, with the
agreement of the Portfolio Minister,
may -
(a) make such directions to the
prescribed body that the Minister
considers necessary to ensure the
prescribed body implements the
recommendations of a kind
referred to in section 57(2)(a) or
(b) specified in the investigation
report; or
(b) refuse to make a direction under
paragraph (a) in respect of the
prescribed body; or
(c) request further information from
the Regulator and then make a
direction under paragraph (a) or
refuse to make a direction under
paragraph (b).
(3) The Regulator may, at any time and
whether or not the Minister has made a
request under subsection (2)(c), provide
the Minister with further information in
respect of a prescribed body or
investigation report.
(4) A direction under subsection (2)(a) -
31
Economic Regulator Amendment Act 2015
Act No. of
s. 40 Part 2 - Economic Regulator Act 2009 Amended
(a) may be made at any time after the
Minister receives a report under
subsection (1); and
(b) is to be in writing to the
prescribed body; and
(c) is to specify the action that the
prescribed body is to take; and
(d) may specify the period in which
the action is to be taken by the
prescribed body.
(5) A person to whom a direction under
subsection (2)(a) applies must comply
with that direction.
Penalty: Fine not exceeding 100 penalty
units.
(6) If the Minister makes a direction under
subsection (2)(a), the Minister is to -
(a) provide a copy of the direction to
the Regulator; and
(b) notify the complainant that a
direction has been made.
(7) If the Minister refuses to make a
direction under subsection (2)(b), the
Minister is to notify the Regulator, and
complainant, in writing of that refusal.
32
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 40
40. Section 62 amended (Offences)
Section 62(1)(c) of the Principal Act is amended
by omitting "its,".
41. Section 68A inserted
After section 68 of the Principal Act, the
following section is inserted in Part 7:
68A. Further savings and transitionals
(1) In this section -
commencement day means the day on
which the Economic Regulator
Amendment Act 2015
commences;
former Regulator means the Regulator
established under section 9 as in
force immediately before the
commencement day;
sole Regulator means the Regulator
appointed under section 9 as in
force on, and after, the
commencement day.
(2) On the commencement day -
(a) the appointment of each member
of the former Regulator is
revoked; and
(b) a member of the former
Regulator is only entitled to
33
Economic Regulator Amendment Act 2015
Act No. of
s. 42 Part 2 - Economic Regulator Act 2009 Amended
receive any benefits in respect of
the revocation as may be
specified in his or her instrument
of appointment as such a
member.
(3) On and after the commencement day, a
reference to a member of the Regulator
by title, other than in this section, is
taken to be a reference to the sole
Regulator, as required.
(4) Any legal or other proceedings that,
before the commencement day, might
have been continued or instituted by or
against the former Regulator, or a
member of the former Regulator in his or
her capacity as member, may, on and
after that day, be continued or instituted
by or against the sole Regulator.
(5) In this, or any other, Act, any action or
decision of the former Regulator before
the commencement day that was done or
made in its capacity as the former
Regulator is taken on and after that day
to be an action or decision of the sole
Regulator.
42. Section 68 amended (Savings and transitional
provisions)
Section 68 of the Principal Act is amended by
omitting subsection (3).
34
Economic Regulator Amendment Act 2015
Act No. of
Part 2 - Economic Regulator Act 2009 Amended s. 43
43. Schedule 1 amended (Certain monopoly providers)
Schedule 1 to the Principal Act is amended by
omitting item 1.
44. Schedules 2, 3 and 4 repealed
Schedules 2, 3 and 4 to the Principal Act are
repealed.
35
Economic Regulator Amendment Act 2015
Act No. of
s. 45 Part 3 - Electricity Supply Industry (Pricing and Related Matters)
Regulations 2013 Amended
PART 3 - ELECTRICITY SUPPLY INDUSTRY
(PRICING AND RELATED MATTERS)
REGULATIONS 2013 AMENDED
45. Principal Regulations
In this Part, the Electricity Supply Industry
(Pricing and Related Matters) Regulations
2013* are referred to as the Principal
Regulations.
46. Regulation 10 amended (Notice of investigation to
be given)
Regulation 10 of the Principal Regulations is
amended as follows:
(a) by omitting from subregulation (1)(c)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as";
(b) by omitting from subregulation (6)(a)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as".
*S.R. 2013, No. 26
36
Economic Regulator Amendment Act 2015
Act No. of
Part 3 - Electricity Supply Industry (Pricing and Related Matters) s. 47
Regulations 2013 Amended
47. Regulation 14 amended (Notice to be given of
making of price-regulated retail service price
determination)
Regulation 14(1)(b) of the Principal Regulations
is amended by omitting "the daily newspapers
that" and substituting "such daily newspapers, or
in such other manner, as".
48. Regulation 18 amended (Process for amendment or
revocation)
Regulation 18(3)(b) of the Principal Regulations
is amended by omitting "the daily newspapers
that" and substituting "such daily newspapers, or
in such other manner, as".
49. Regulation 22 amended (Notice of investigation to
be given)
Regulation 22 of the Principal Regulations is
amended as follows:
(a) by omitting from subregulation (1)(d)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as";
(b) by omitting from subregulation (6)(a)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as".
37
Economic Regulator Amendment Act 2015
Act No. of
s. 50 Part 3 - Electricity Supply Industry (Pricing and Related Matters)
Regulations 2013 Amended
50. Regulation 27 amended (Notice of investigation to
be given)
Regulation 27 of the Principal Regulations is
amended as follows:
(a) by omitting from subregulation (1)(e)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as";
(b) by omitting from subregulation (6)(a)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as".
51. Regulation 31 amended (Notice to be given of
intention to make declaration of declared electrical
services)
Regulation 31(b) of the Principal Regulations is
amended by omitting "the daily newspapers
that" and substituting "such daily newspapers, or
in such other manner, as".
52. Regulation 35 amended (Regulator to consider,
before expiry of existing determination, whether to
revoke declaration)
Regulation 35(3)(b) of the Principal Regulations
is amended by omitting "the daily newspapers
that" and substituting "such daily newspapers, or
in such other manner, as".
38
Economic Regulator Amendment Act 2015
Act No. of
Part 3 - Electricity Supply Industry (Pricing and Related Matters) s. 53
Regulations 2013 Amended
53. Regulation 37 amended (Notice of investigation to
be given)
Regulation 37 of the Principal Regulations is
amended as follows:
(a) by omitting from subregulation (1)(c)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as";
(b) by omitting from subregulation (6)(a)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as".
54. Regulation 42 amended (Notice to be given of
making of declared electrical service price
determination)
Regulation 42(1)(b) of the Principal Regulations
is amended by omitting "the daily newspapers
that" and substituting "such daily newspapers, or
in such other manner, as".
55. Regulation 46 amended (Process for making of
amendment or revocation)
Regulation 46(3)(b) of the Principal Regulations
is amended by omitting "the daily newspapers
that" and substituting "such daily newspapers, or
in such other manner, as".
39
Economic Regulator Amendment Act 2015
Act No. of
s. 56 Part 3 - Electricity Supply Industry (Pricing and Related Matters)
Regulations 2013 Amended
56. Regulation 47C amended (Notice of investigation to
be given)
Regulation 47C of the Principal Regulations is
amended as follows:
(a) by omitting from subregulation (1)(b)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as";
(b) by omitting from subregulation (6)(a)
"the daily newspapers that" and
substituting "such daily newspapers, or
in such other manner, as".
57. Regulation 47F amended (Notice of making of feed-
in tariff rate determination)
Regulation 47F(1)(b) of the Principal
Regulations is amended by omitting "the daily
newspapers that" and substituting "such daily
newspapers, or in such other manner, as".
58. Regulation 47J amended (Process for amendment
or revocation)
Regulation 47J(3)(b) of the Principal
Regulations is amended by omitting "the daily
newspapers that" and substituting "such daily
newspapers, or in such other manner, as".
40
Economic Regulator Amendment Act 2015
Act No. of
Part 3 - Electricity Supply Industry (Pricing and Related Matters) s. 59
Regulations 2013 Amended
59. Regulation 54 amended (Final report)
Regulation 54(1)(d) of the Principal Regulations
is amended by omitting "the daily newspapers
that" and substituting "such daily newspapers, or
in such other manner, as".
41
Economic Regulator Amendment Act 2015
Act No. of
s. 60 Part 4 - Electricity Supply Industry Act 1995 Amended
PART 4 - ELECTRICITY SUPPLY INDUSTRY ACT
1995 AMENDED
60. Principal Act
In this Part, the Electricity Supply Industry Act
1995* is referred to as the Principal Act.
61. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of electricity supply
industry the following definition:
energy Minister means the Minister assigned
the administration of Division 1 of
Part 3;
62. Section 6 amended (Regulator's functions and
powers)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "its" and
substituting "his or her";
(b) by omitting from subsection (5) "its" and
substituting "his or her".
*No. 58 of 1995
42
Economic Regulator Amendment Act 2015
Act No. of
Part 4 - Electricity Supply Industry Act 1995 Amended s. 63
63. Section 7 inserted
After section 6 of the Principal Act, the
following section is inserted in Division 1:
7. Enforcement of Act by Regulator
(1) If the Regulator is satisfied that an
electricity entity has contravened this Act
or the conditions of the licence held by
the electricity entity, the Regulator may
impose on the electricity entity a
monetary penalty not exceeding -
(a) 5 000 penalty units for the first
day on which the contravention
occurs; and
(b) a further fine not exceeding 200
penalty units for each subsequent
day on which the contravention
continues.
(2) If there is more than one electricity entity
that may be taken to have contravened
this Act in respect of a single event, the
Regulator may take any action under this
section in respect of one or more such
electricity entities as the Regulator thinks
fit.
(3) A decision of the Regulator under this
section may be subject to administrative
review under Part 9.
43
Economic Regulator Amendment Act 2015
Act No. of
s. 64 Part 4 - Electricity Supply Industry Act 1995 Amended
64. Sections 10A, 10B and 10C inserted
After section 10 of the Principal Act, the
following sections are inserted in Division 1:
10A. State of the industry report
(1) The Regulator may prepare a report on
the state of the electricity supply industry
(the state of the industry report).
(2) The Regulator is to prepare a state of the
industry report -
(a) on the Regulator's own initiative;
or
(b) if directed to do so by the energy
Minister and the Minister
assigned the administration of the
Economic Regulator Act 2009.
(3) A direction under subsection (2)(b) to
prepare a state of the industry report may
include the terms of reference for that
state of the industry report.
(4) The Regulator is to cause a copy of the
state of the industry report to be -
(a) laid before each House of
Parliament within 7 sitting-days
after preparing it; and
(b) made available to members of the
public in such a manner as the
Regulator considers appropriate.
44
Economic Regulator Amendment Act 2015
Act No. of
Part 4 - Electricity Supply Industry Act 1995 Amended s. 64
10B. Network reliability report
(1) At least once in every 3-year period, the
Regulator is to conduct a review into the
reliability of network services.
(2) After conducting a review under
subsection (1), the Regulator is to
prepare a report on the findings of the
review (the network reliability report).
(3) The Regulator is to conduct a review
under subsection (1) -
(a) on the Regulator's own initiative;
or
(b) if directed to do so by the energy
Minister and the Minister
assigned the administration of the
Economic Regulator Act 2009.
(4) A direction under subsection (3)(b) to
conduct a review under subsection (1)
may include terms of reference for the
network reliability report that is to be
prepared in respect of the review.
(5) The Regulator is to cause a copy of the
network reliability report to be -
(a) laid before each House of
Parliament within 7 sitting-days
after preparing it; and
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Economic Regulator Amendment Act 2015
Act No. of
s. 64 Part 4 - Electricity Supply Industry Act 1995 Amended
(b) made available to members of the
public in such a manner as the
Regulator considers appropriate.
10C. Price comparison report
(1) In this section -
pricing Minister means the Minister
assigned the administration of
Division 4 of Part 3.
(2) The Regulator -
(a) may prepare a report into the
comparison of electricity prices
available to small customers
across Australian jurisdictions
(the price comparison report);
and
(b) is to prepare a report into the
comparison between the prices of
a prepayment meter system and
all other relevant retail electricity
prices for small customers in
Tasmania (the prepayment price
comparison report).
(3) The Regulator is to prepare a price
comparison report -
(a) on the Regulator's own initiative;
or
(b) if directed to do so by the pricing
Minister and the Minister
46
Economic Regulator Amendment Act 2015
Act No. of
Part 4 - Electricity Supply Industry Act 1995 Amended s. 65
assigned the administration of the
Economic Regulator Act 2009.
(4) A direction under subsection (3)(b) to
prepare a price comparison report may
include the terms of reference for that
report.
(5) The Regulator is to prepare a prepayment
price comparison report annually.
(6) The Regulator is to cause a copy of each
report prepared under subsection (2) to
be -
(a) laid before each House of
Parliament within 7 sitting-days
after preparing it; and
(b) made available to members of the
public in such a manner as the
Regulator considers appropriate.
65. Section 12 amended (Advisory committees)
Section 12 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsections:
(2) The members of an advisory committee
established under this section by the
Minister are appointed and hold office on
such terms and conditions as the Minister
determines.
(3) The members of an advisory committee
established under this section by the
47
Economic Regulator Amendment Act 2015
Act No. of
s. 66 Part 4 - Electricity Supply Industry Act 1995 Amended
Regulator are appointed and hold office
on such terms and conditions as the
Regulator determines.
66. Section 43A amended (Regulator may charge for
certain expenses)
Section 43A(1)(a)(iii) of the Principal Act is
amended by omitting "its" and substituting "his
or her".
67. Section 99 amended (Powers of Regulator or
workplace health and safety Secretary on review)
Section 99(2) of the Principal Act is amended by
omitting "its,".
68. Section 116A amended (Regulator or workplace
health and safety Secretary may take court action
on behalf of customer)
Section 116A of the Principal Act is amended by
omitting "its".
48
Economic Regulator Amendment Act 2015
Act No. of
Part 5 - Energy Ombudsman Act 1998 Amended s. 69
PART 5 - ENERGY OMBUDSMAN ACT 1998
AMENDED
69. Principal Act
In this Part, the Energy Ombudsman Act 1998*
is referred to as the Principal Act.
70. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting "established" from the definition of
Regulator and substituting "appointed".
71. Section 39B amended (Review of apportionment in
budget)
Section 39B(7)(b) of the Principal Act is
amended as follows:
(a) by omitting "himself, herself or itself"
and substituting "himself or herself";
(b) by omitting "he, she or it" and
substituting "he or she".
*No. 20 of 1998
49
Economic Regulator Amendment Act 2015
Act No. of
s. 72 Part 6 - Gas Act 2000 Amended
PART 6 - GAS ACT 2000 AMENDED
72. Principal Act
In this Part, the Gas Act 2000* is referred to as
the Principal Act.
73. Section 8 amended (Functions of Regulator)
Section 8(2A) of the Principal Act is amended
by omitting "its" and substituting "his or her".
74. Sections 8A and 8B inserted
After section 8 of the Principal Act, the
following sections are inserted in Division 1:
8A. State of the industry report
(1) In this section -
energy Minister means the Minister
assigned the administration of
Division 1 of Part 3.
(2) The Regulator may prepare a report on
the state of the gas supply industry (the
state of the industry report).
(3) The Regulator is to prepare a state of the
industry report -
(a) on the Regulator's own initiative;
or
*No. 92 of 2000
50
Economic Regulator Amendment Act 2015
Act No. of
Part 6 - Gas Act 2000 Amended s. 74
(b) if directed to do so by the energy
Minister and the Minister
assigned the administration of the
Economic Regulator Act 2009.
(4) A direction under subsection (3)(b) to
prepare a state of the industry report may
include the terms of reference for that
state of the industry report.
(5) The Regulator is to cause a copy of the
state of the industry report to be -
(a) laid before each House of
Parliament within 7 sitting-days
after preparing it; and
(b) made available to members of the
public in such a manner as the
Regulator considers appropriate.
8B. Enforcement of Act by Regulator
(1) If the Regulator is satisfied that a gas
entity has contravened this Act or the
conditions of the licence held by the gas
entity, the Regulator may impose on the
gas entity a monetary penalty not
exceeding -
(a) 5 000 penalty units for the first
day on which the contravention
occurs; and
(b) a further fine not exceeding 200
penalty units for each subsequent
51
Economic Regulator Amendment Act 2015
Act No. of
s. 75 Part 6 - Gas Act 2000 Amended
day on which the contravention
continues.
(2) If there is more than one gas entity that
may be taken to have contravened this
Act in respect of a single event, the
Regulator may take any action under this
section in respect of one or more such
gas entities as the Regulator thinks fit.
(3) A decision of the Regulator under this
section may be subject to administrative
review under Part 7.
75. Section 11 amended (Delegation)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "its,";
(b) by omitting from subsection (7) "its,".
76. Section 26 amended (Licence term and renewal)
Section 26(5) of the Principal Act is amended by
omitting "it" and substituting "the Regulator".
77. Section 30 amended (Licences conferring exclusive
franchise)
Section 30(4) of the Principal Act is amended by
omitting "its" and substituting "his or her".
52
Economic Regulator Amendment Act 2015
Act No. of
Part 7 - Gas Pipelines Act 2000 Amended s. 78
PART 7 - GAS PIPELINES ACT 2000 AMENDED
78. Principal Act
In this Part, the Gas Pipelines Act 2000* is
referred to as the Principal Act.
79. Sections 7 and 7A inserted
After section 6 of the Principal Act, the
following sections are inserted in Part 1:
7. State of the industry report
(1) In this section -
energy Minister means the Minister
assigned the administration of
Division 2 of Part 2.
(2) The Regulator may prepare a report on
the state of the industries involved in
regulated activities (the state of the
industry report).
(3) The Regulator is to prepare a state of the
industry report -
(a) on the Regulator's own initiative;
or
(b) if directed to do so by the energy
Minister and the Minister
assigned the administration of the
Economic Regulator Act 2009.
*No. 91 of 2000
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Economic Regulator Amendment Act 2015
Act No. of
s. 79 Part 7 - Gas Pipelines Act 2000 Amended
(4) A direction under subsection (3)(b) to
prepare a state of the industry report may
include the terms of reference for that
state of the industry report.
(5) The Regulator is to cause a copy of the
state of the industry report to be -
(a) laid before each House of
Parliament within 7 sitting-days
after preparing it; and
(b) made available to members of the
public in such a manner as the
Regulator considers appropriate.
7A. Enforcement of Act by Regulator
(1) If the Regulator is satisfied that a person
who holds a pipeline licence has
contravened this Act or the conditions of
that licence, the Regulator may impose
on the person a monetary penalty not
exceeding -
(a) 5 000 penalty units for the first
day on which the contravention
occurs; and
(b) a further fine not exceeding 200
penalty units for each subsequent
day on which the contravention
continues.
(2) If there is more than one person that may
be taken to have contravened this Act in
respect of a single event, the Regulator
54
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Act No. of
Part 7 - Gas Pipelines Act 2000 Amended s. 80
may take any action under this section in
respect of one or more such persons as
the Regulator thinks fit.
(3) A decision of the Regulator under this
section may be subject to administrative
review under Part 6.
80. Section 11 amended (Application for pipeline
licence)
Section 11(6) of the Principal Act is amended by
omitting "Tasmania" and substituting
"Tasmania, or in such other manner as the
Regulator considers appropriate".
81. Section 42 amended (Public notification to be given
in Gazette, &c.)
Section 42(2) of the Principal Act is amended by
omitting "Tasmania" and substituting
"Tasmania, or in such other manner as the
Regulator considers appropriate".
55
Economic Regulator Amendment Act 2015
Act No. of
s. 82 Part 8 - Metro Tasmania Act 1997 Amended
PART 8 - METRO TASMANIA ACT 1997 AMENDED
82. Principal Act
In this Part, the Metro Tasmania Act 1997* is
referred to as the Principal Act.
83. Part 3A inserted
After section 18 of the Principal Act, the
following Part is inserted:
PART 3A - FARES ORDER
18A. Interpretation
In this Part -
Company review means a review
required to be conducted under
section 18B(1);
fares order means the fares order
made, and in effect, under
section 18I;
final report means a report prepared
under section 18H(1);
relevant services means public
transport services provided by the
Company;
*No. 78 of 1997
56
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Act No. of
Part 8 - Metro Tasmania Act 1997 Amended s. 83
Secretary means Secretary of the
Department;
terms of reference means the terms of
reference for a Company review.
18B. Requirement to conduct Company review
(1) At least 18 months before the expiration
of a fares order, the Minister is to require
the Secretary to conduct a review into the
performance of the Company in respect
of relevant services.
(2) A requirement under subsection (1) is to
contain the terms of reference for the
Company review.
(3) The Minister may amend, by written
notice provided to the Secretary and the
Company, a requirement under
subsection (1) to conduct a review if the
Secretary has not made a final report in
respect of the review.
18C. Terms of reference
The terms of reference for a Company
review are to specify -
(a) the relevant services, and areas of
performance, of the Company to
be reviewed; and
(b) the day by which the Secretary is
to provide a final report in respect
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Act No. of
s. 83 Part 8 - Metro Tasmania Act 1997 Amended
of the review, being a day that is
at least 150 days before the
expiry of the fares order that
triggered the Company review;
and
(c) that the Secretary is required to
make a recommendation in
relation to appropriate maximum
prices to be charged for relevant
services during the period for
which a fares order made as a
result of the review would be in
force.
18D. Notice of Company review
(1) On receipt of a requirement to conduct a
Company review, the Secretary is to give
written notice of the Company review
to -
(a) the Company; and
(b) any other person the Secretary
thinks appropriate.
(2) A notice under subsection (1) is to -
(a) specify the purpose of the review;
and
(b) specify the period during which
the review is to be held; and
(c) specify the period within which,
and the form in which,
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Act No. of
Part 8 - Metro Tasmania Act 1997 Amended s. 83
submissions may be made to the
Secretary as part of the review;
and
(d) include a copy of the terms of
reference for the review.
(3) If the Minister amends, under
section 18B(3), a requirement to conduct
a Company review, the Secretary is to
notify that amendment to each person
who received a notice under
subsection (2) in respect of the review.
18E. Conduct of Company review
(1) The Secretary may conduct a Company
review in such manner as the Secretary
considers appropriate.
(2) In conducting a Company review, the
Secretary is not bound by rules of
evidence but may inform himself or
herself in such manner as he or she
considers appropriate.
(3) Except as authorised or required by law,
the Secretary is not to publish or
otherwise divulge a document, part of a
document, or other information, that
came into his or her possession as a
result of conducting a Company review if
that document, part or information is or
contains information which, if published,
could cause damage to the commercial
interests of the Company.
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(4) The Personal Information Protection Act
2004 and the Right to Information Act
2009 do not apply in respect of -
(a) documents and information
referred to in subsection (3) that
are provided to the Secretary as
part of a Company review; or
(b) records of the giving or
production of such documents
and information.
18F. Requiring person to provide documents or
information
(1) For the purposes of a Company review,
the Secretary may require, by written
notice, the Company, or a member or
employee of the Company, to do one or
more of the following:
(a) provide to the Secretary, in the
manner specified in the notice,
any document so specified which
is in the person's possession or
control and which, in the opinion
of the Secretary, is relevant to the
review;
(b) provide to the Secretary, in the
manner specified in the notice,
any other information so
specified which, in the opinion of
the Secretary, is relevant to the
review.
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(2) The Company, or a member or employee
of the Company, must comply with a
written notice provided by the Secretary
under subsection (1).
18G. Draft report
(1) At least 12 months before the expiry of a
fares order, the Secretary is to -
(a) prepare a draft report in respect of
the Company review; and
(b) provide a copy of the draft report
to the Minister and the Company.
(2) No later than 21 days after providing the
Minister with a copy of the draft report
under subsection (1), the Secretary is to
make copies of the draft report available
as the Secretary considers appropriate.
(3) After preparing a draft report, the
Secretary is to -
(a) allow persons and bodies to
whom a copy of the draft report is
provided, or made available, to
make submissions to the
Secretary in respect of the report;
and
(b) take any such submissions into
consideration before making a
final report.
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18H. Final report
(1) The Secretary, by the day specified in the
terms of reference, is to -
(a) prepare a final report in respect of
the Company review; and
(b) provide a copy of that final report
to the Minister and the Company.
(2) The final report prepared under
subsection (1) is to -
(a) be consistent with this Part and
the terms of reference; and
(b) make a recommendation in
relation to the appropriate
maximum prices chargeable by
the Company during the period
that any fares order that may
result from the review would be
in force.
(3) Within 20 sitting-days after receiving a
final report, the Minister is to lay a copy
of the final report before each House of
Parliament.
(4) The Secretary is to ensure that copies of
the final report are available to members
of the public.
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18I. Fares order
(1) Within 90 days after receiving a copy of
a final report under section 18H in
respect of a Company review, the
Minister is to make an order specifying
the maximum prices which may be
charged by the Company in respect of the
relevant services during the period in
which the order is in force, taking into
consideration -
(a) the recommendations contained
in that final report; and
(b) any comments received from the
Company in relation to that final
report.
(2) A fares order -
(a) is to repeal, rescind, revoke or
amend any statutory rule that
prescribes, or relates to the setting
or determination of, the price
chargeable by the Company for
the relevant services in respect of
which the order is made, to
ensure that the only statutory rule
setting or determining, or relating
to the setting or determination of,
the maximum price chargeable is
the order itself; and
(b) takes effect on the 61st day after
notification of its making is
published in the Gazette; and
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(c) may only be in force for a period
not exceeding 5 years; and
(d) is a statutory rule within the
meaning of the Rules Publication
Act 1953.
(3) Section 47(3), (3A), (4), (5), (6) and (7)
of the Acts Interpretation Act 1931 apply
to a fares order as if it were regulations
within the meaning of that Act.
(4) Despite subsection (3), a House of
Parliament may pass a resolution to
approve a fares order at any time within
the first 15 sitting-days of that House
after the order is laid before it.
(5) The Treasurer may not, under section
3(2) of the Subordinate Legislation Act
1992, declare a fares order to be
subordinate legislation for the purposes
of that Act.
(6) A fares order may be amended at any
time even if a Company review in respect
of the relevant services to which the
order relates has not been conducted
since the making of the order.
18J. Action by Company following fares order
(1) Within the period of 45 days
immediately after a fares order is made,
the Company is to -
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(a) determine, in relation to the
relevant services specified in the
fares order -
(i) the prices that are to be
charged by the Company
during the period in which
the order is in force; and
(ii) the prices to be charged
on the day on which the
order takes effect and the
period during which those
prices will apply; and
(b) lodge with the Secretary an
application for the approval of
those prices, together with any
supporting information the
Secretary may require.
(2) At any time after an application is lodged
with the Secretary under
subsection (1)(b), the Company may
lodge an application with the Secretary to
amend the prices to be charged by the
Company in respect of the relevant
services specified in the fares order.
(3) The Secretary -
(a) is to approve the determination or
amendment by the Company of
its prices, in respect of the
relevant services specified in the
fares order, if the Secretary is
satisfied that the prices as
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determined or amended would be
consistent with the fares order;
and
(b) is not to approve such a
determination or amendment
unless it is so satisfied.
(4) The Company is not to amend the prices
determined under subsection (1), and
approved under subsection (3), unless it
has the written approval of the Secretary
to do so.
(5) The Secretary is to give notice of his or
her approval, or disapproval, under
subsection (3) of the prices for the
Company of the relevant services
specified in the fares order within 15
days after receipt of the application for
approval for those prices under
subsection (1)(b).
18K. Transitional provisions
(1) In this section -
commencement day means the day on
which the Economic Regulator
Amendment Act 2015
commences;
existing order means the Economic
Regulator (Metro Bus Fares)
Order 2014;
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existing report means the final report
prepared under section 35 of the
Economic Regulator Act 2009 in
respect of metro fares that was
tabled in both Houses of
Parliament on 26 June 2014.
(2) On and after the commencement day, the
existing order -
(a) is taken to have been made under
section 18I; and
(b) is the fares order in effect in
respect of this Part; and
(c) remains in effect on the same
terms and conditions as it was in
force immediately before the
commencement day.
(3) If, after the commencement day, the
Minister intends to make a fares order
under this Part that sets the maximum
price chargeable by the Company for a
period of time (the relevant period) for
which recommendations have been made
in the existing report -
(a) the investigation undertaken
under the Economic Regulator
Act 2009 in respect of which the
existing report was prepared is
taken to be a review under section
18B in respect of the relevant
period; and
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(b) the existing report is taken to be a
final report under section 18H in
respect of the relevant period; and
(c) the reporting requirements of this
Part are taken to have been
complied with in respect of the
relevant period; and
(d) the requirement in section 18I for
the fares order to be made within
90 days after receiving the final
report does not apply in respect of
the fares order; and
(e) the Minister is to take into
account the relevant
recommendations specified in the
existing report for the relevant
period when making the fares
order.
(4) Nothing in this section is taken to prevent
the existing order from being amended or
rescinded under this Part after the
commencement day.
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Part 9 - Urban Drainage Act 2013 Amended s. 84
PART 9 - URBAN DRAINAGE ACT 2013 AMENDED
84. Principal Act
In this Part, the Urban Drainage Act 2013* is
referred to as the Principal Act.
85. Section 8 amended (Provision where commercial
arrangements cannot be agreed)
Section 8(4)(b) of the Principal Act is amended
by omitting "established" and substituting
"appointed".
*No. 71 of 2013
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s. 86 Part 10 - Water and Sewerage Industry (Pricing and Related Matters)
Regulations 2011 Amended
PART 10 - WATER AND SEWERAGE INDUSTRY
(PRICING AND RELATED MATTERS)
REGULATIONS 2011 AMENDED
86. Principal Regulations
In this Part, the Water and Sewerage Industry
(Pricing and Related Matters) Regulations
2011* are referred to as the Principal
Regulations.
87. Regulation 23 amended (Notice of investigation)
Regulation 23(5)(c) of the Principal Regulations
is amended by omitting "Tasmania that" and
substituting "Tasmania, or in such other manner,
as".
*S.R. 2011, No. 94
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Part 11 - Water and Sewerage Industry Act 2008 Amended s. 88
PART 11 - WATER AND SEWERAGE INDUSTRY ACT
2008 AMENDED
88. Principal Act
In this Part, the Water and Sewerage Industry
Act 2008* is referred to as the Principal Act.
89. Section 8 amended (Minister or Regulator may
establish committees)
Section 8 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or the
Regulator" after "The Minister";
(b) by inserting in subsection (1) "or the
Regulator" after "the Minister";
(c) by omitting subsection (2) and
substituting the following subsections:
(2) The members of a committee
established under this section by
the Minister are appointed and
hold office on such terms and
conditions as the Minister
determines.
(3) The members of a committee
established under this section by
the Regulator are appointed and
hold office on such terms and
*No. 13 of 2008
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conditions as the Regulator
determines.
90. Section 14 amended (Delegation of Regulator's
functions and powers)
Section 14 of the Principal Act is amended by
omitting "its" and substituting "his or her".
91. Section 22 amended (Review, amendment and
replacement of codes)
Section 22(1) of the Principal Act is amended by
omitting "its" and substituting "his or her".
92. Section 67 amended (General provisions relating to
determinations)
Section 67(2)(b) of the Principal Act is amended
by inserting "or in such other manner as the
Regulator considers appropriate" after
"Tasmania".
93. Section 70 amended (State of the industry report)
Section 70 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) The Regulator is to prepare a report on
the state of the water and sewerage
industry (the state of the industry
report).
(1A) The state of the industry report -
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(a) is to be prepared -
(i) not more than 3 months
before a regulated entity
is required under
section 65 to submit a
proposed price and
service plan for regulated
services provided by the
regulated entity; and
(ii) at any other time if
required to do so by the
Minister and the Minister
assigned the
administration of the
Economic Regulator Act
2009; and
(b) is to report on the state of the
water and sewerage industry
since the last state of the industry
report was prepared.
(1B) A requirement under
subsection (1A)(a)(ii) to prepare a state
of the industry report may include the
terms of reference for that state of the
industry report.
94. Section 80 amended (Grounds for review)
Section 80 of the Principal Act is amended as
follows:
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(a) by omitting from paragraph (a) "its" and
substituting "his or her";
(b) by omitting from paragraph (b) "its" and
substituting "his or her".
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Part 12 - Miscellaneous s. 95
PART 12 - MISCELLANEOUS
95. Consequential amendments of regulations do not
prevent subsequent amendment
The amendment by this Act of a provision of any
regulations does not prevent that or any other
provision of those regulations from being
amended or rescinded by a subsequent
regulation.
96. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 75