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TASMANIA
__________
WATER AND SEWERAGE LEGISLATION
(CORPORATE GOVERNANCE AND PRICING)
AMENDMENT BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - WATER AND SEWERAGE CORPORATION ACT 2012
AMENDED
3. Principal Act
4. Section 6 amended (Principal objectives of Corporation)
5. Section 7 amended (Status of Corporation)
6. Section 10 amended (Ownership and restrictions on sale and
issue of securities)
7. Section 14 amended (Board of Corporation)
8. Section 21 amended (Distribution of dividends)
9. Sections 22 and 23 repealed
10. Section 42 repealed
PART 3 - WATER AND SEWERAGE INDUSTRY ACT 2008
AMENDED
11. Principal Act
12. Section 65 amended (Price and service plan)
[Bill 53]-XI
13. Section 66 amended (Price determinations)
14. Part 6 repealed
PART 4 - CONCLUDING PROVISION
15. Repeal of Act
2
WATER AND SEWERAGE LEGISLATION
(CORPORATE GOVERNANCE AND PRICING)
AMENDMENT BILL 2018
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
18 October 2018
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to amend the Water and Sewerage Corporation Act
2012 to enable the Crown to hold shares in, and have
certain rights in relation to, the Corporation, and to amend
the Water and Sewerage Industry Act 2008 in relation to
pricing, and for related purposes
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 Water and
Sewerage Legislation (Corporate Governance
and Pricing) Amendment Act 2018.
[Bill 53] 3
Water and Sewerage Legislation (Corporate Governance and
Pricing) Amendment Act 2018
Act No. of 2018
s. 2 Part 1 - Preliminary
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
4
Water and Sewerage Legislation (Corporate Governance and
Pricing) Amendment Act 2018
Act No. of 2018
Part 2 - Water and Sewerage Corporation Act 2012 Amended s. 3
PART 2 - WATER AND SEWERAGE CORPORATION
ACT 2012 AMENDED
3. Principal Act
In this Part, the Water and Sewerage
Corporation Act 2012* is referred to as the
Principal Act.
4. Section 6 amended (Principal objectives of
Corporation)
Section 6(1)(c)(ii) of the Principal Act is
amended by omitting "its members" and
substituting "such of its members as are
councils".
5. Section 7 amended (Status of Corporation)
Section 7(1)(b) of the Principal Act is amended
by omitting "council" and substituting
"member".
6. Section 10 amended (Ownership and restrictions on
sale and issue of securities)
Section 10 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", or the
Crown," after "councils";
_______________________________________________________________
*No. 51 of 2012
5
Water and Sewerage Legislation (Corporate Governance and
Pricing) Amendment Act 2018
Act No. of 2018
s. 7 Part 2 - Water and Sewerage Corporation Act 2012 Amended
(b) by omitting subsection (2);
(c) by inserting in subsection (4) "or to the
Crown" after "shareholdings".
7. Section 14 amended (Board of Corporation)
Section 14(3)(b) of the Principal Act is amended
by inserting "or of the Crown" after "council".
8. Section 21 amended (Distribution of dividends)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a)
"members" and substituting "members,
who are not the Crown,";
(b) by omitting from subsection (2)(d)
"members" and substituting "members
who are not the Crown";
(c) by omitting from subsection (3)
"members" and substituting "members
who are not the Crown";
(d) by inserting the following subsection
after subsection (3):
(4) The constitution of the
Corporation must not provide that
the Crown is entitled to any
dividends or that dividends may
be paid to the Crown.
6
Water and Sewerage Legislation (Corporate Governance and
Pricing) Amendment Act 2018
Act No. of 2018
Part 2 - Water and Sewerage Corporation Act 2012 Amended s. 9
9. Sections 22 and 23 repealed
Sections 22 and 23 of the Principal Act are
repealed.
10. Section 42 repealed
Section 42 of the Principal Act is repealed.
7
Water and Sewerage Legislation (Corporate Governance and
Pricing) Amendment Act 2018
Act No. of 2018
s. 11 Part 3 - Water and Sewerage Industry Act 2008 Amended
PART 3 - WATER AND SEWERAGE INDUSTRY ACT
2008 AMENDED
11. Principal Act
In this Part, the Water and Sewerage Industry
Act 2008* is referred to as the Principal Act.
12. Section 65 amended (Price and service plan)
Section 65 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (6):
(6A) A regulated entity may, without
the approval of the Regulator,
amend a proposed price, in
relation to a service, that is set
out, in relation to a year, in the
entity's price and service plan, if
the price as so amended does not
exceed the maximum price, in
relation to the service, that is
specified, in relation to the year,
in a price determination in
relation to the entity.
(b) by inserting in subsection (10) ",
including such a plan as amended under
this section" after "subsection (5)".
_______________________________________________________________
*No. 13 of 2008
8
Water and Sewerage Legislation (Corporate Governance and
Pricing) Amendment Act 2018
Act No. of 2018
Part 3 - Water and Sewerage Industry Act 2008 Amended s. 13
13. Section 66 amended (Price determinations)
Section 66 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (3);
(b) by omitting paragraph (b) from
subsection (3) and substituting the
following paragraph:
(b) fixing a maximum price, or
maximum rate of increase of
price, for a regulated service;
(c) by omitting paragraph (c) from
subsection (3);
(d) by omitting from subsection (3)(e) "a
price" and substituting "a maximum
price, or maximum rate of increase of
price,";
(e) by omitting from subsection (3)(f) "a
price" and substituting "a maximum
price, or maximum rate of increase of
price,";
(f) by omitting from subsection (3)(g) "and
minimum" first occurring;
(g) by omitting from subsection (3)(g) "or
maximum rate of increase or decrease or
minimum rate of increase or decrease in
the maximum and minimum revenue";
9
Water and Sewerage Legislation (Corporate Governance and
Pricing) Amendment Act 2018
Act No. of 2018
s. 14 Part 3 - Water and Sewerage Industry Act 2008 Amended
(h) by inserting the following subsection
after subsection (3):
(3A) Nothing in this section is to be
taken to permit a price
determination made under this
section to set -
(a) a price, other than a
maximum price or
maximum rate of increase
of price; or
(b) an amount of revenue
other than a maximum
amount of revenue.
14. Part 6 repealed
Part 6 of the Principal Act is repealed.
10
Water and Sewerage Legislation (Corporate Governance and
Pricing) Amendment Act 2018
Act No. of 2018
Part 4 - Concluding Provision s. 15
PART 4 - CONCLUDING PROVISION
15. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 11