Independent Competition and Regulatory Commission Act 1997

This Act is the Independent Competition and Regulatory Commission Act 1997.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘industry reference—see section 14A.’ means that the term ‘industry reference’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

A reference in this Act to a person who owns, controls or operates infrastructure facilities includes a reference to each of 2 or more people who jointly own, control or operate infrastructure facilities.

A reference in this Act to a person who provides services includes a reference to each of 2 or more people who jointly provide services.

For an industry reference, the referring authority is as follows:

for an industry engaged in the provision in the ACT of electricity, water or sewerage services—the Minister;

for an industry engaged in the provision in the ACT of gas services—the Minister;

for any other regulated industry—the Minister who has, under section 4, declared that industry to be regulated;

for regulated industries in general—the Minister;

for another industry, or industries in general—the Minister;

for a reference provided for by another law of the Territory—the person authorised under that law to refer a matter to the commission.

For a regulatory reference, the referring authority may be any of the following:

the Minister responsible for the relevant government activity;

a member of the Legislative Assembly;

the commission;

any other person.

For a regulatory reference, a self-funding referring authority may be either of the following:

a member of the Legislative Assembly whose reference is not sponsored by the Territory (under section 19K (4));

any other person (other than a Minister or the commission).

Any Minister may declare an industry to be a regulated industry for this Act.

A Minister may make a declaration under subsection (1) if the Minister certifies that—

the industry infrastructure facilities are in whole or in part owned, controlled or operated by the Territory or a territory authority; or

the industry involves the provision of services in the ACT in whole or in part by or on behalf of the Territory or a territory authority; or

the industry infrastructure facilities are wholly or substantially owned, controlled or operated by a single person; or

the industry involves the provision of services in the ACT wholly or substantially by or on behalf of a single person.

A declaration under subsection (1) is a disallowable instrument.

On and after the day when ACT distribution service pricing becomes regulated under the national electricity rules, no reference may be made under this Act for a price regulation investigation into that service.

However, a provision of a price direction for a matter related to ACT distribution service pricing that is in force on the day when prices for the service become regulated under the national electricity rules continues in force (subject to the direction) after that day until the jurisdictional regulator makes a direction about that matter.

No reference may be made under this Act for a price regulation investigation into ACT transmission service pricing.

In this section:

ACT distribution service means a distribution service within the meaning given by the national electricity rules for distribution networks (within the meaning of the rules) situated in the ACT.

ACT transmission service means a transmission service within the meaning given by the national electricity rules for transmission networks (within the meaning of the rules) situated in the ACT.

jurisdictional regulator means the commission in its capacity as jurisdictional regulator under the national electricity rules.

Note 1  The day when distribution service pricing will become regulated under the national electricity rules is fixed at 31 December 2000 (by the ACT derogation under the rules), but may be changed under the derogation.

Note 2  The day when transmission service pricing became regulated under the national electricity rules was fixed at 1 July 1999 (by the ACT derogation under the rules).

No reference may be made under this Act for a price regulation investigation into ACT gas transmission service pricing.

No reference may be made under this Act for a price regulation investigation into ACT gas distribution service pricing.

In this section:

ACT gas distribution service means a distribution service provided by means of a natural gas distribution pipeline.

ACT gas transmission service means a transmission service provided by means of a natural gas transmission pipeline.

distribution pipeline—see the National Gas (ACT) Law, section 2.

transmission pipeline—see the National Gas (ACT) Law, section 2.

The Minister may declare that—

a statutory fee affects the cost of providing a utility service and may be passed on in full to consumers of the service; or

a fee for a regulated service is to be passed on in full to consumers of the service.

A declaration is a disallowable instrument.

In this section:

statutory fee means a fee or charge determined under a disallowable instrument.

Part 2 Independent competition and regulatory commission

The Independent Competition and Regulatory Commission for the Australian Capital Territory is established.

The commission—

is a body corporate with perpetual succession; and

must have a common seal; and

may acquire, hold and dispose of real and personal property; and

may sue and be sued in its corporate name.

The common seal of the commission must be kept in the custody that the commission directs and must not be used except as authorised by the commission.

The commission is constituted by—

1 or more standing commissioners; and

any associated commissioners appointed for particular purposes.

Schedule 2 has effect in relation to the following:

appointments of commissioners;

the arrangement of business of the commission;

decision-making and exercise of powers by the commission;

related matters.