Independent Competition and Regulatory Commission Act 1997

The Executive may make regulations for this Act.

Schedule 1 Competition principles agreement extracts

(see s 19C, s 19D and s 19J)

Competition policy considerations

Interpretation

[competition principles agreement cl 1 (3) (d)-(j)]

1

...

...

government legislation and policies relating to ecologically sustainable development;

social welfare and equity considerations, including community service obligations;

government legislation and policies relating to matters such as occupational health and safety, industrial relations and access and equity;

economic and regional development, including employment and investment growth;

the interests of consumers generally or of a class of consumers;

the competitiveness of Australian businesses;

the efficient allocation of resources.

Competitive neutrality principles

Competitive neutrality policy and principles

[competition principles agreement cl 3 (1) & (4)-(7)]

3 (1) The objective of competitive neutrality policy is the elimination of resource allocation distortions arising out of the public ownership of entities engaged in significant business activities: Government businesses should not enjoy any net competitive advantage simply as a result of their public sector ownership. These principles only apply to the business activities of publicly owned entities, not to the non-business, non-profit activities of these entities.

Subject to subclause (6), for significant Government business enterprises which are classified as “Public Trading Enterprises” and “Public Financial Enterprises” under the Government Financial Statistics Classification:

the Parties† will, where appropriate, adopt a corporatisation model for these Government business enterprises (noting that a possible approach to corporatisation is the model developed by the intergovernmental committee responsible for GTE National Performance Monitoring); and

the Parties† will impose on the Government business enterprise:

full Commonwealth, State and Territory taxes or tax equivalent systems;

debt guarantee fees directed towards offsetting the competitive advantages provided by government guarantees; and

those regulations to which private sector businesses are normally subject, such as those relating to the protection of the environment, and planning and approval processes, on an equivalent basis to private sector competitors.

Subject to subclause (6), where an agency (other than an agency covered by subclause (4)) undertakes significant business activities as part of a broader range of functions, the Parties† will, in respect of the business activities:

where appropriate, implement the principles outlined in subclause (4); or

ensure that the prices charged for goods and services will take account, where appropriate, of the items listed in subclause (4) (b), and reflect full cost attribution for these activities.

Subclauses (4) and (5) only require the Parties† to implement the principles specified in those subclauses to the extent that the benefits to be realised from implementation outweigh the costs.

Subclause (4) (b) (iii) shall not be interpreted to require the removal of regulation which applies to a Government business enterprise or agency (but which does not apply to the private sector) where the Party† responsible for the regulation considers the regulation to be appropriate.

...

Note [not included in the agreement]:

† Party is defined in the agreement (cl 1 (1)) to mean the Commonwealth, a State, the Australian Capital Territory or the Northern Territory of Australia, if the jurisdiction concerned has signed the agreement and has not withdrawn. The Australian Capital Territory has signed the agreement and has not withdrawn from it; thus it is a party.

Legislation review principles

Legislation review

[competition principles agreement cl 5 (1) & (9)]

5 (1) The guiding principle is that legislation (including Acts, enactments, ordinances or regulations) should not restrict competition unless it can be demonstrated that:

the benefits of the restriction to the community as a whole outweigh the costs; and

the objectives of the legislation can only be achieved by restricting competition.

...

Without limiting the terms of reference of a review, a review should:

clarify the objectives of the legislation;

identify the nature of the restriction on competition;

analyse the likely effect of the restriction on competition and on the economy generally;

assess and balance the costs and benefits of the restriction; and

consider alternative means for achieving the same result including non-legislative approaches.

Schedule 2 Commission appointments and working arrangements

(see s 6 (2))

2.1 Standing commissioners

The Executive must appoint 1 or more standing commissioners.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).

A standing commissioner holds office (subject to this Act) for a term not longer than 5 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

2.1AA Arrangements if more than 1 standing commissioner

This section applies if the commission is constituted by more than 1 standing commissioner.

The Executive must appoint 1 standing commissioner as senior commissioner.

If the senior commissioner ceases to hold office or is suspended from office (under section 2.4 or section 2.5), the Minister must (by instrument) nominate another standing commissioner as senior commissioner.

If a suspended senior commissioner resumes office as a commissioner, they also resume office in the capacity of senior commissioner (and the nominated replacement ceases to hold office in that capacity).

2.1A Associate commissioners

The Executive may appoint 1 or more commissioners (associate commissioners) for a particular investigation, in consideration of advice received from the commission about the need for such an appointment (or appointments).

An associate commissioner holds office (subject to this Act) until the conclusion of the investigation for which the associate commissioner is appointed.

2.1B Qualifications

The Executive may only appoint as commissioner a person who has knowledge or experience in 1 or more of the following fields:

commerce;

economics;

industry;

law;

public administration.

2.1C Terms of office

A commissioner is appointed on terms (not inconsistent with this Act) decided by the Executive.

A commissioner may be appointed on a full-time or part-time basis.

A full-time commissioner may engage in paid employment outside the functions of the office only with the earlier written approval of the Minister.

2.1E Arrangement of business

The senior commissioner—

is responsible for ensuring the orderly and expeditious discharge of the functions of the commission; and

presides over those investigations that the senior commissioner sits on.

The senior commissioner may give directions for any of the following:

the arrangement of business;

the commissioner or commissioners who will constitute the commission for particular purposes;

the procedure of the commission generally.

If the senior commissioner does not sit on an investigation, or ceases to sit on an investigation, the senior commissioner must—

nominate a commissioner to preside over the investigation; and

if a nominated presiding commissioner later ceases to sit on the investigation—nominate another commissioner to preside over the investigation.

If a commissioner sitting on an investigation is directed to cease doing so (under section 2.2), ceases to hold office (under section 2.4 or section 2.5), or is suspended from office (under section 2.5), the senior commissioner may—

direct that the investigation continue under the remaining commissioners constituting the commission for the investigation; or

direct that the investigation continue with another commissioner replacing the commissioner who has ceased to hold office, or been suspended from office; or

dissolve the commission (as constituted for the investigation), reconstitute the commission for the investigation under the same or different commissioners, and direct that the investigation be started again under the reconstituted commission; or

if a commissioner sitting on the investigation is suspended from office—direct that the investigation is suspended, or issue another direction under this subclause.

2.1F Exercise of powers

The commission’s powers may be exercised for particular purposes by—

the senior commissioner, or a person authorised by the senior commissioner for those purposes; or

if a direction has been given under section 2.1E (2) (b)—by the commissioner or commissioners who constitute the commission for those purposes.

2.1G Decision-making

When the commission is constituted by more than 1 person, a decision of the commission must be made—

in accordance with the unanimous or majority opinion of the commissioners constituting the commission; or

if the commissioners are equally divided in opinion—in accordance with the opinion of the presiding commissioner (see section 2.1E (1) and (3)).

2.2 Disclosure of interests

Before a commissioner exercises a function, the commissioner must give written notice to the Minister of any direct or indirect pecuniary interests that the commissioner has in relation to the exercise of the function.

On receiving notice of a commissioner’s interests, the Minister may, by written notice—

direct the senior commissioner to give notice of the interests to any person whose interests are significantly affected by the exercise of the function; or

direct the commissioner to cease exercising the function.

A commissioner must comply with a direction of the Minister under subsection (2).

2.3 Remuneration and allowances

A commissioner is entitled to the remuneration, allowances and other entitlements—

that are determined by the remuneration tribunal in relation to the commissioner; or

if there is no such determination—that are determined by the Chief Minister in relation to the commissioner by an interim determination under the Remuneration Tribunal Act 1995.

2.4 Resignation

A commissioner may resign by giving a signed notice of resignation to the Minister.

2.5 Removal from office

The Executive may, by written notice to a commissioner, suspend the commissioner from office for mental or physical incapacity or incompetence.

A notice of suspension must include a full statement of the grounds for suspension.

A notice of suspension must be presented to the Legislative Assembly within 7 sitting days after it is given to the commissioner.

The Executive must remove the commissioner from office if, within 15 sitting days after the notice of suspension was presented to the Legislative Assembly, the Assembly by resolution declares that the commissioner ought to be removed from office.

The commissioner must resume office if, after 15 sitting days have elapsed since the notice of suspension was presented to the Legislative Assembly, the Legislative Assembly has not passed a resolution declaring that the commissioner ought to be removed from office.

A commissioner ceases to hold office if the commissioner becomes bankrupt or personally insolvent.

Schedule 3 Industry panels constitution and procedure

(see s 24M)

3.1 Appointment of members of industry panels

The referring authority must appoint an industry panel of 3 members (1 of whom is declared in the appointment as the president) to hear an application for the review of a price direction.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

Note 4 A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).

The following are not eligible to be members of an industry panel established for the review of a price direction:

a commissioner;

a member of the staff of the commission;

a party to the review.

A member holds office (subject to this Act) until the conclusion of the review for which the member is appointed.

A member is otherwise appointed on terms, not inconsistent with this Act, determined by the referring authority.

3.2 Qualifications

A member of an industry panel must have knowledge or experience in 1 of the following fields:

commerce;

economics;

industry;

law;

public administration.

3.4 Remuneration and allowances

A member of a panel is entitled to the remuneration, allowances and other entitlements—

that are determined by the remuneration tribunal in relation to the member; or

if there is no such determination—that are determined by the Chief Minister in relation to the member by an interim determination under the Remuneration Tribunal Act 1995.

3.5 Presiding member

The president presides over the hearing of an application.

If the president resigns or is removed from office, the referring authority must declare another member to be the presiding member.

A declaration must be in writing.

A copy of a declaration must be given to the other members of the panel and the parties to the review.

3.6 Decision-making

The panel’s decision on a review must be reached as follows:

if all, or a majority, of the panel are of a particular opinion—the decision is to be made according to that opinion;

if no 2 members agree—in accordance with the opinion of the president or, if the president has resigned or been removed from office, the presiding member.

3.7 Disclosure of interests

Before a panel begins to hear an application for review, the members of the panel must give written notice to the referring authority of any direct or indirect pecuniary interests that they have in relation to the review.

On receiving notice of the interests of a member of a panel, the referring authority may—

give written notice of the interests to the other members and to the parties to the review; or

by written notice to the member, remove the member from office.

The referring authority must give a copy of a notice of the removal of a member from office to the other members and to the parties to the review.

If a member of a panel is removed from office—

the review may proceed under the remaining members, if the parties agree; or

failing agreement—the referring authority must dissolve the panel and constitute a new panel (under this schedule) with the remaining members and a new member.

3.8 Resignation

A member of a panel may resign from office by written notice to the referring authority.

A member of a panel must give written notice of absence to the referring authority if the member becomes unavailable to consider the application at any stage of the review.

After a notice of absence is given, the member must resign from the panel if so directed in writing by the referring authority.

If a member of the panel resigns—

the review may proceed under the remaining members, if the parties agree; or

failing agreement, the referring authority must dissolve the panel and constitute a new panel (under this schedule) with the remaining members and a new member.

3.9 Removal from office

The Executive may, by written notice to a member of a panel, suspend the member from office for mental or physical incapacity or incompetence.

A notice of suspension must include a full statement of the grounds for suspension.

The notice of suspension must be presented to the Legislative Assembly within 7 sitting days after it is given to the member.

The Executive must remove the member from office if, within 15 sitting days after the notice of suspension was presented to the Legislative Assembly, the Assembly by resolution declares that the member ought to be removed from office.

The member resumes office if, after 15 sitting days have elapsed since the notice of suspension was presented to the Legislative Assembly, the Legislative Assembly has not passed a resolution declaring that the member ought to be removed from office.

A member of a panel ceases to hold office if the member becomes bankrupt or personally insolvent.

Schedule 4 Arbitration guidelines––competition principles agreement, cl 6 (4) (i), (j) and (l)

(see s 33 (5) (a))

4.1 Terms and conditions for access—competition principles agreement, cl 6 (4) (i)

The arbitrator must take into account the following considerations in determining terms and conditions for access by the third party:

the access provider’s legitimate business interests and investment in the infrastructure facilities;

the costs to the access provider of providing access—

including any costs of extending the infrastructure facilities; and

not including any costs associated with losses from increased competition in upstream or downstream markets;

the economic value to the access provider of any additional investment that the third party or the access provider has agreed to undertake;

the interests of all people holding contracts for use of the infrastructure facilities;

the firm and binding contractual obligations of the access provider and any other people using the infrastructure facilities;

the operational and technical requirements necessary for the safe and reliable operation of the infrastructure facilities;

the economically efficient operation of the infrastructure facilities;

the benefit to the public from having competitive markets.

4.2 Extension of infrastructure—competition principles agreement, cl 6 (4) (j)

The arbitrator must only make a determination requiring an access provider to extend the infrastructure facilities, or to permit the extension of the facilities, if the following conditions are met:

the extension should be technically and economically feasible and consistent with the safe and reliable operation of the facilities;

the access provider’s legitimate business interests in the facilities should be protected;

the terms of access for the third party should take account of the costs borne by each party for the extension and the economic benefits to each party resulting from the extension.

4.3 Impeding of existing rights—competition principles agreement, cl 6 (4) (l)

In making a determination that impedes an existing right of a person to use an infrastructure facility, the arbitrator—

must consider whether there is a case for compensation of that person; and

if appropriate, include in the determination provision for that person to be compensated.

Schedule 5 Civil penalty provisions (see s 54N (1) and dict, def civil penalty provision)

5.1 Definitions—sch 5

In this schedule:

adjusted turnover—see the Competition and Consumer Act 2010 (Cwlth), section 4.

Consumer Protection Code means the Consumer Protection Code determined by the Utilities (Consumer Protection Code) Determination 2020.

Electricity Feed-in Code means the Electricity Feed-in Code determined by the Utilities (Electricity Feed-in Code) Determination 2020.

tier 1 civil penalty—see section 5.2.

tier 2 civil penalty—see section 5.2.

tier 3 civil penalty—see section 5.2.

Transparency and Comparability Code means the ACT Retail Electricity (Transparency and Comparability) Code determined by the Utilities (ACT Retail Electricity – Transparency and Comparability Code) Determination 2021.

5.2 Meaning of tier 1 civil penalty, tier 2 civil penalty and tier 3 civil penalty—sch 5

In this schedule:

tier 1 civil penalty means—

for an individual—$553 000; and

for a corporation—the greater of the following:

$11 060 000;

if the court can determine the value of the benefit the corporation, and any related corporation, has obtained directly or indirectly and that is reasonably attributable to the contravention—3 times the value of the benefit;

if the court cannot determine the value of the benefit—10% of the corporation’s adjusted turnover during the 12 months ending at the end of the month the contravention occurred.

tier 2 civil penalty means—

for an individual—$317 400 plus $15 900 for each day (after the first day) the contravention continues; and

for a corporation—$1 587 100 plus $79 400 for each day (after the first day) the contravention continues.

tier 3 civil penalty means—

for an individual—$37 500 plus $3 750 for each day (after the first day) the contravention continues; and

for a corporation—$188 000 plus $18 000 for each day (after the first day) the contravention continues.

However, subsection (1), definition of tier 1 civil penalty, paragraph (b) (ii) and (iii) apply in relation to an enforcement order only if the commission requests that the provisions apply in the application for the order.

5.3 Civil penalty provisions

column 1 item column 2 provision column 3 maximum penalty

1

Consumer Protection Code, cl 4.1 (Reporting to the ICRC) tier 1 civil penalty

2

Consumer Protection Code, cl 5 (2) and (3) (Conduct of utilities) tier 2 civil penalty

3

Consumer Protection Code, cl 5 (5) (Conduct of utilities) tier 3 civil penalty

4

Consumer Protection Code, cl 6.1 (Complaints and dispute resolution procedures) tier 2 civil penalty

5

Consumer Protection Code, cl 6.2 (Practices and procedures to comply with Australian Standards) tier 2 civil penalty

6

Consumer Protection Code, cl 6.3 (Addressing complaints) tier 2 civil penalty

7

Consumer Protection Code, cl 6.4 (Utility to keep records) tier 2 civil penalty

8

Consumer Protection Code, cl 7.1 (Utility to provide information) tier 3 civil penalty

9

Consumer Protection Code, cl 7.2 (Utility may recover costs of providing information) tier 2 civil penalty

10

Consumer Protection Code, cl 7.3 (Disclosure of customer or consumer information by a utility to a third party) tier 2 civil penalty

11

Consumer Protection Code, cl 8.1 (Requirements for effective notice to customer or consumer) tier 2 civil penalty

12

Consumer Protection Code, cl 9.1 (Utility to publish summary) tier 2 civil penalty

13

Consumer Protection Code, cl 10.1 (Registration of life support equipment) tier 1 civil penalty

14

Consumer Protection Code, cl 10.2 (Disconnection and interruption to services) tier 1 civil penalty

15

Consumer Protection Code, cl 11.1 (Compliance by utilities with guaranteed service levels) tier 3 civil penalty

16

Consumer Protection Code, cl 11.2 (Utility to pay rebate for non-compliance) tier 3 civil penalty

17

Consumer Protection Code, cl 11.3 (Method of payment of rebate) tier 3 civil penalty

18

Consumer Protection Code, cl 11.5 (Information to be provided to customers) tier 2 civil penalty

19

Consumer Protection Code, cl 12.1 (Information about charges) tier 2 civil penalty

20

Consumer Protection Code, cl 12.2 (Variation of charges) tier 2 civil penalty

21

Consumer Protection Code, cl 13.1 (Utility may issue bills) tier 2 civil penalty

22

Consumer Protection Code, cl 13.3 (Maximum intervals between bills) tier 2 civil penalty

23

Consumer Protection Code, cl 13.6 (Historical billing information) tier 3 civil penalty

24

Consumer Protection Code, cl 13.7 (1) (Payment of bills) tier 2 civil penalty

25

Consumer Protection Code, cl 13.7 (2) (Payment of bills) tier 3 civil penalty

26

Consumer Protection Code, cl 13.8 (Review of bills) tier 2 civil penalty

27

Consumer Protection Code, cl 13.9 (Overcharging) tier 2 civil penalty

28

Consumer Protection Code, cl 13.10 (Undercharging) tier 2 civil penalty

29

Consumer Protection Code, cl 13.12 (How payments to be applied) tier 2 civil penalty

30

Consumer Protection Code, cl 13.13 (Territory Government-sponsored rebates) tier 2 civil penalty

31

Consumer Protection Code, cl 13.14 (Payment difficulties) tier 1 civil penalty

32

Consumer Protection Code, cl 14.2 (Hardship policy requirement) tier 1 civil penalty

33

Consumer Protection Code, cl 15.1 (Interest charges) tier 2 civil penalty

34

Consumer Protection Code, cl 16 (1) (New customer contract information) tier 2 civil penalty

35

Consumer Protection Code, cl 17.1 (Obligations under the Utilities Act) tier 2 civil penalty

36

Consumer Protection Code, cl 17.2 (Provisions to be contained in standard customer contracts) tier 2 civil penalty

37

Consumer Protection Code, cl 19.1 (Utility to make contract available to customers) tier 2 civil penalty

38

Consumer Protection Code, cl 19.3 (Changes to standard customer contracts) tier 2 civil penalty

39

Consumer Protection Code, cl 20.1 (When a utility must not disconnect or restrict utility services) tier 1 civil penalty

40

Consumer Protection Code, cl 20.2 (When a utility must disconnect premises from a utility network) tier 1 civil penalty

41

Consumer Protection Code, cl 20.3 (When a utility may disconnect or restrict supply) tier 1 civil penalty

42

Consumer Protection Code, cl 20.4 (Restriction of utility services to residential premises for failure to pay a bill) tier 1 civil penalty

43

Consumer Protection Code, cl 20.5 (Restrictions on water restrictions to residential premises) tier 2 civil penalty

44

Consumer Protection Code, cl 20.6 (Content and format of notices) tier 3 civil penalty

45

Consumer Protection Code, cl 21 (Disconnections and restrictions in emergencies and under restriction schemes) tier 1 civil penalty

46

Consumer Protection Code, cl 22.1 (When a utility may interrupt supply of a utility service) tier 1 civil penalty

47

Consumer Protection Code, cl 22.2 (Planned interruptions to the supply of utility services) tier 1 civil penalty

48

Consumer Protection Code, cl 22.3 (Unplanned interruptions to the supply of a utility service) tier 1 civil penalty

49

Consumer Protection Code, cl 23.1 (When a security deposit may be required) tier 2 civil penalty

50

Consumer Protection Code, cl 23.2 (Maximum amount of security deposit) tier 2 civil penalty

51

Consumer Protection Code, cl 23.3 (Interest on security deposits) tier 2 civil penalty

52

Consumer Protection Code, cl 23.4 (Repayment of security deposits) tier 2 civil penalty

53

Consumer Protection Code, cl 23.5 (Purposes for which security deposits must not be used) tier 2 civil penalty

54

Electricity Feed-in Code, cl 4.1 (Distributor to detail arrangements to NERL retailer) tier 3 civil penalty

55

Electricity Feed-in Code, cl 4.2 (Distributor to alert NERL retailer and occupier of start dates) tier 3 civil penalty

56

Transparency and Comparability Code, cl 2.3 (Communication must compare prices to the reference price) tier 3 civil penalty

57

Transparency and Comparability Code, cl 2.5 (Advertising conditional discounts) tier 3 civil penalty

58

Transparency and Comparability Code, cl 2.6 (Records of compliance) tier 3 civil penalty

59

Transparency and Comparability Code, cl 4.3 (Minimum standards for clear advice) tier 3 civil penalty

60

Transparency and Comparability Code, cl 4.4 (Records of compliance) tier 3 civil penalty

61

Utilities Act 2000, s 21 (1) (Requirement for licence) tier 1 civil penalty

62

Utilities Act 2000, s 47 (1) (Contravention of licence condition) tier 1 civil penalty

63

Utilities Act 2000, s 75H (1) (Offence—contravention of code, s 75E or s 75GA) tier 1 civil penalty

64

Utilities Act 2000, s 75K (Offence—contravention of s 75F) tier 3 civil penalty

65

Utilities Act 2000, s 100 (1) and (3) (Passing on the cost of water) tier 3 civil penalty

Dictionary (see s 2)

Note The Legislation Act contains definitions relevant to this Act. For

example:  Act

 bankrupt or personally insolvent

 corporation

 director-general (see s 163)

 exercise

 fail

 function

 may (see s 146)

 must (see s 146)

 National Electricity (ACT) Law

 National Electricity (ACT) Regulation

 National Energy Retail Law (ACT)

 National Energy Retail Regulation (ACT)

 National Gas (ACT) Law

 National Gas (ACT) Regulation

 person (see s 160)

 subordinate law (see s 8)

 territory authority

 the Territory.

access agreement means an agreement under an access regime for the granting of access to services provided by means of the infrastructure facilities to which the access regime relates.

access provider, for part 6 (Arbitration of access regime disputes)—see section 30.

access regime means a scheme (whether of a legislative or administrative nature, or any other nature) set up for the purpose of implementing the competition principles agreement in relation to third-party access to services provided by means of infrastructure facilities wholly or partly located within the ACT that are wholly or substantially owned, controlled or operated by a single person, being services—

including the use of an infrastructure facility (for example, a road or railway), the handling or transporting of things (for example, goods or people) or a communications service or similar service; and

not including the supply of goods, the use of intellectual property or the use of a production process, except to the extent that that supply or use is an integral but subsidiary part of the service.

adjusted turnover, for schedule 5 (Civil penalty provisions)—see schedule 5, section 5.1.

associate commissioner means a commissioner appointed under schedule 2, section 2.1A.

chief executive officer means the Chief Executive Officer of the commission.

civil penalty notice—see section 54E (1).

civil penalty provision means a provision mentioned in schedule 5, section 5.3, column 2.

commission means the Independent Competition and Regulatory Commission for the Australian Capital Territory.

commissioner means a commissioner constituting the commission under section 6 (1).

competition policy considerations means the considerations mentioned in the competition principles agreement, clause 1 (3) (d) to (j), as set out in schedule 1.

competition principles agreement means the Competition Principles Agreement made on 11 April 1995 by the Commonwealth, the Territories and the States, as in force for the time being.

competitive neutrality complaint means a complaint that the conduct of a government business activity is not consistent with the competitive neutrality principles.

competitive neutrality principles means the competitive neutrality policy and principles under the competition principles agreement, clause 3 (1) and (4) to (7), as set out in schedule 1.

conduct, for part 9A (Enforcement of civil penalty provisions)—see section 54A.

confidential information means information given to the commission that was, when it was given—

stated by the person giving it to be confidential or commercially sensitive; or

determined to be contrary to the public interest information under the Freedom of Information Act 2016.

Consumer Protection Code, for schedule 5 (Civil penalty provisions)—see schedule 5, section 5.1.

corresponding offence, in relation to a contravention of a civil penalty provision, for part 9A (Enforcement of civil penalty provisions)—see section 54A.

court, for part 9A (Enforcement of civil penalty provisions)—see section 54A.

current reset principles—see section 20B (2).

declared fee means a fee declared under section 4C.

determination means an arbitration determination under section 35.

direction, for part 9 (Enforcement of prior directions and arbitration determinations)— see section 51.

Electricity Feed-in Code, for schedule 5 (Civil penalty provisions)—see schedule 5, section 5.1.

eligible person, for part 4C (Review of price directions)—see section 24J.

energy—see the National Energy Retail Law (ACT), section 2 (1).

enforcement order—see section 54M (1).

enforcement order proceeding means a proceeding under division 9A.4 (Enforcement orders).

evidential burden, in relation to a matter, for division 9A.6 (Other provisions about liability)—see section 54Y.

future reset principles—see section 20B (3).

government activity means—

for a regulatory reference into a competitive neutrality complaint—the government business activity that is the subject of the complaint; or

for a regulatory reference into a government-regulated activity—that activity.

government-regulated activity means an activity regulated under an Act or a subordinate law.

industry includes—

an industry of any kind (including a business or activity relating to goods and services); and

a particular industry or part of an industry; and

a group or groups of particular industries.

industry panel—see section 24M (Industry panel).

industry reference—see section 14A.

investigation means an investigation under part 3.

law of the Territory includes—

the National Electricity (ACT) Law; and

the National Electricity (ACT) Regulation; and

the national electricity rules; and

the National Gas (ACT) Law; and

the National Gas (ACT) Regulation; and

the National Energy Retail Law (ACT) Act 2012; and

the National Energy Retail Law (ACT); and

the National Energy Retail Regulation (ACT); and

the national energy retail rules.

national electricity rules means the national electricity rules under the National Electricity (ACT) Law.

national energy retail rules means the National Energy Retail Rules under the National Energy Retail Law (ACT).

NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT).

price includes any rate, fee, levy and charge and any other valuable consideration (however described), but does not include a territory tax.

price direction—

for this Act generally, means a direction under section 20 about prices for the provision of regulated services, as varied (if at all) under part 4B (Variation of price directions); and

for part 4C (Review of price directions)—see section 24J.

price regulation means the regulation of prices in relation to the provision of goods and services within a regulated industry, and includes the variation of a price direction for those prices.

price variation trigger—see section 20A (3) (c)).

reference means a reference to the commission under section 15.

referring authority—

for an industry reference—see section 3A (1); and

for a regulatory reference—see section 3A (2).

regulated industry means—

an industry engaged in the provision in the ACT of a utility service; or

any other industry declared to be a regulated industry under section 4.

regulated services means services provided in a regulated industry.

regulatory reference—see section 19A.

related corporation, of another corporation, means a related body corporate under the Corporations Act.

reset principles—see section 20B (1).

responsible Minister, for an industry or government activity, means the Minister with primary responsibility for regulating the industry or activity.

revenue cap—see section 20A (1) (b).

sealed section, of a final report or a special report of an investigation—see section 23 (1) (a).

self-funding referring authority, for a regulatory reference—see section 3A (3).

senior commissioner means—

if the commission is constituted by only 1 standing commissioner—the commissioner; or

if the commission is constituted by more than 1 standing commissioner—the commissioner appointed or nominated as senior commissioner under schedule 2, section 2.1AA.

standing commissioner means a commissioner appointed under schedule 2, section 2.1.

third party, for part 6 (Arbitration of access regime disputes)—see section 30.

tier 1 civil penalty, for schedule 5 (Civil penalty provisions)—see schedule 5, section 5.2.

tier 2 civil penalty, for schedule 5 (Civil penalty provisions)—see schedule 5, section 5.2.

tier 3 civil penalty, for schedule 5 (Civil penalty provisions)—see schedule 5, section 5.2.

Transparency and Comparability Code, for schedule 5 (Civil penalty provisions)—see schedule 5, section 5.1.

unsealed section, of a final report or a special report of an investigation—see section 23 (1) (b).

utility means—

a utility within the meaning of the Utilities Act 2000, dictionary; or

a NERL retailer.

utility service means—

a utility service within the meaning of the Utilities Act 2000, dictionary; or

the activity of selling energy to small customers within the meaning of the National Energy Retail Law (ACT).

variation, of a price direction, means—

a consent variation under division 4B.1; or

a nonconsent variation under division 4B.2.