Victorian Numbered Acts

DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 (NO. 10 OF 2016) - SECT 111

    (1)     For section 54(1) and (2) of the Port Management Act 1995 substitute —

    "(1)     This section applies if—

        (a)     there is no Pricing Order in effect and the ESC Minister determines that prescribed services are to be subject to price regulation; or

        (b)     there is a Pricing Order in effect and that Order declares that this Division applies to the provision of prescribed services.

    (2)     The Commission must make a determination in accordance with Part 3 of the Essential Services Commission Act 2001 .".

    (2)     After section 54(3) of the Port Management Act 1995 insert —

    "(3A)     In addition, while a Pricing Order is in effect, the Commission must not make a determination under this section in relation to prescribed services provided in the port of Melbourne that does not give effect to, or has the effect of altering or varying, a protected provision.".

    (3)     Section 54(5) of the Port Management Act 1995 is repealed .

    (4)     After section 54(6) of the Port Management Act 1995 insert —

    "(7)     To avoid doubt, a determination made by the Commission under this section in relation to prescribed services provided in the port of Melbourne does not cease to have effect only because a Pricing Order ceases to have effect.".