Schedule 2

Dictionary

In force

section 5

access agreement means an agreement—

(a)

between an access provider of a declared service and another person providing for access to the service by the other person; and

(b)

that is entered into after the commencement of section 99 (whether it is entered into before or after the service is declared).

access code means a code mentioned in part 5, division 6.

access criteria see section 76.

access determination see section 117(1).

access dispute notice see section 113(1).

access provider, for a service, means the entity that, as an owner, operator or user of the facility used, or to be used, to provide the service (whether or not the service is a declared service) has given, or is able to give, someone else access to the service under an access agreement.

access seeker, for a service, means a person who wants access, or increased access, to the service.

access undertaking, for a service, means a written undertaking that sets out details of the terms on which an owner or operator of the service undertakes to provide access to the service whether or not it sets out other information about the provision of access to the service.

Allconnex Water...

applicant, for a request made to the authority under section 77 or 170G, means the person who made the request.

application, for part 5, division 7A, see section 150C.

approved access undertaking means an access undertaking approved by the authority under part 5, and includes the access undertaking as amended with the authority’s approval.

approved undertaking means an undertaking approved by the authority, and includes the undertaking as amended with the authority’s approval.

approved water supply undertaking...

associate member means a member of the panel of associate members.

authority means the Queensland Competition Authority.

business activity means a trading in goods or services.

Cabinet includes a Cabinet committee or subcommittee.

candidate service...

candidate water supply activity means a water supply activity that is—

(a)

carried on by a water supplier; and

(b)

declared under a regulation to be a candidate water supply activity.

chairperson means the chairperson of the authority.

competition policy means the policies, contained in the following agreements, aimed at increasing the level of competition in the Australian economy—

(a)

the conduct code agreement;

(b)

the competition principles agreement;

(c)

the implementation agreement.

Editor’s note—

Copies of the agreements may be viewed at www.coag.gov.au.

competition principles agreement means the agreement titled competition principles agreement, made on 11 April 1995 by the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being.

competitive advantage...

competitive neutrality complaint see section 40.

complainant, for a competitive neutrality complaint, means the person who made the complaint to the authority.

conduct code agreement means the agreement titled conduct code agreement, made on 11 April 1995 by the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being.

court means the Supreme Court.

declaration means—

(a)

for part 5—a declaration of a service made by the Minister under part 5, division 2; or

(b)

for part 5A—a declaration of a monopoly water supply activity.

declaration of a monopoly water supply activity means a declaration of a candidate water supply activity to be a monopoly water supply activity made by the Minister under part 5A, division 2.

declaration recommendation means—

(a)

for part 5—a recommendation made by the authority under section 79 or 87A; or

(b)

for part 5A—a recommendation made by the authority under section 170I.

declared service means a service for which a declaration is in operation.

deputy chairperson means the deputy chairperson of the authority.

determination for part 5A, division 2, subdivision 7, see section 170ZA.

director see the Corporations Act, section 9.

dispute notice means an access dispute notice.

draft access undertaking, for part 5, division 7A, see section 150C.

enforcement injunction means—

(a)

for part 5—an injunction under section 152 or 153; or

(b)

for part 5A—an injunction under section 170ZZZF.

entity includes a partnership and joint venture.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

exempt matter see section 235.

expiry day...

extension, of a facility, includes an enhancement, expansion, augmentation, duplication or replacement of all or part of the facility.

facility see section 70.

goods includes—

(a)

animals, including fish; and

(b)

minerals, trees and crops (whether or not on, under or attached to land); and

(c)

water, including treated and waste water; and

(d)

gas or electricity.

government means—

(a)

for part 3—

(i)

the government of the State; or

(ii)

a local government; or

(b)

other than for part 3—the government of the State.

government agency—

(a)

means—

(i)

a government company or part of a government company; or

(ii)

a State instrumentality, agency, authority or entity, or a division, branch or other part of a State instrumentality, agency, authority or entity; or

(iii)

a department or a division, branch or other part of a department; or

(iv)

a government owned corporation; and

(b)

includes—

(i)

for parts 3 and 5A—a local government entity; and

(ii)

for part 4—a subsidiary, within the meaning of the Government Owned Corporations Act 1993, section 2, of a government owned corporation.

government business activity means—

(a)

for a government agency other than a local government entity—a business activity carried on by the government agency; or

(b)

for a government agency that is a local government entity—a significant business activity carried on by the government agency.

government company means a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are beneficially owned by the State or a government agency.

government monopoly business activity...

implementation agreement means the agreement titled the agreement to implement national competition policy and related reforms, made on 11 April 1995 by the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being.

initial amendment notice, for part 5, see section 139.

initial undertaking notice see section 133.

investigation means an investigation conducted under this Act.

investigation notice means—

(a)

for an investigation under part 3, division 2A—a notice of the investigation given under section 21F; or

(b)

for an investigation under part 3, division 3—a notice of the investigation given under section 25; or

(d)

for an investigation under part 5, division 2, subdivision 3—a notice of the investigation given under section 82; or

(e)

for an investigation under part 5, division 2, subdivision 4A—a notice of investigation given under section 87E; or

(f)

for an investigation under part 5, division 2, subdivision 5—a notice of the investigation given under section 90; or

(g)

for an investigation under part 5, division 7, subdivision 3—a notice of the investigation given under section 146; or

(h)

for an investigation under part 5, division 7A—a notice of the investigation given under section 150I; or

(i)

for an investigation under part 5A, division 2, subdivision 3—a notice of the investigation given under section 170L; or

(j)

for an investigation under part 5A, division 2, subdivision 5—a notice of the investigation given under section 170T; or

(k)

for an investigation under part 5A, division 2, subdivision 7—a notice of the investigation given under section 170ZS.

Local Government Act means the Local Government Act 2009.

local government entity means—

(a)

a local government or part of a local government; or

(b)

a local government owned corporation.

local government Minister means the Minister administering the Local Government Act.

local government owned corporation means a local government owned corporation under the Local Government Act.

market see section 71.

mediated resolution, of an access dispute, see section 115E(1).

mediation agreement, for part 5, division 5, subdivision 2A, see section 115E(2).

mediation conference, for the mediation of an access dispute for part 5, division 5, subdivision 2A, see section 115A(2).

mediator, for a mediation, means 1 or more persons constituted as a mediator under part 6A, division 2.

member means a member of the authority, and includes—

(a)

the chairperson and deputy chairperson; and

(b)

for a particular investigation or arbitration—an associate member chosen, under section 214D(1), for the investigation or arbitration.

Ministerial declaration...

Ministers...

Minister’s decision notice...

monopoly business activity means a government business activity or non-government business activity declared to be a monopoly business activity under a regulation or by the Minister.

monopoly water supply activity means a candidate water supply activity declared by the Minister, under section 170N, to be a monopoly water supply activity.

non-government business activity means a business activity—

(a)

carried on by a person other than a government agency; and

(b)

involving services provided by means of a facility.

notice for part 5A, division 2, subdivision 7, see section 170ZA.

owner, for a service, means the owner of the facility used, or to be used, to provide the service (whether or not the service is a declared service).

panel of associate members means the panel of associate members mentioned in section 213.

part 3 Ministerial declaration see section 21D(1).

party means—

(a)

for the mediation of an access dispute—a party to the mediation under section 115B; or

(b)

for the arbitration of an access dispute—a party to the arbitration under section 116; or

(c)

for an access determination—a party to the arbitration in which the authority made the access determination; or

(d)

for the arbitration of an application for arbitration under the Water Supply (Safety and Reliability) Act 2008, section 524(2)—a party to the arbitration.

port infrastructure see Transport Infrastructure Act 1994, schedule 6.

prescribed person, for part 5, division 7A, see section 150C.

price includes any rate, fee, levy and charge and any other valuable consideration (however described).

price monitoring investigation see section 22.

pricing practice, for a monopoly business activity or a monopoly water supply activity—

(a)

means—

(i)

the level and structure of prices for the activity; or

(ii)

anything that affects the level and structure of prices for the activity, including, for example, the service quality, costs of production and levels of performance relating to the activity; and

(b)

includes, for a monopoly water supply activity, anything that may be included in a water pricing determination under section 170ZB(5) or (6).

principle of competitive neutrality see section 38(1).

private facility...

public facility...

Queensland Urban Utilities...

rail transport infrastructure see Transport Infrastructure Act 1994, schedule 6.

reasonably believes means believes on grounds that are reasonable in all the circumstances.

register means any of the following registers kept by the authority—

(a)

the register of recommendations, and decisions or responses, relating to monopoly business activities involving the supply of water;

(b)

the register of declarations under part 5;

(c)

the register of access determinations;

(d)

the register of approved access undertakings;

(e)

the register of rulings under part 5, division 7A;

(f)

a register that the authority is required to keep under the Electricity Act 1994, section 254B or the Gas Supply Act 2003, section 310A;

(g)

the register of declarations of monopoly water supply activities;

(h)

the register of water pricing determinations.

regulation based declaration...

regulatory impact statement...

related access provider, in relation to a service, means an access provider that—

(a)

owns or operates the service; and

(b)

provides, or proposes to provide, access to the service to itself or a related body corporate of the access provider.

related body corporate, of another body corporate, means—

(a)

a body corporate that is related to the other body corporate under the Corporations Act, section 50; or

(b)

another entity that is a subsidiary of the other body corporate under the Government Owned Corporations Act 1993, section 2.

relevant assumption, for part 5, division 7A, see section 150C.

relevant circumstances, for part 5, division 7A, see section 150C.

relevant declaration criteria, for part 3, means the current criteria for deciding whether to declare a government business activity, or a non-government business activity, to be a monopoly business activity, given by the authority to the Minister under part 3, division 1A.

Note—

The criteria are given by the authority to the Minister under section 14 for a government business activity or section 14A for a non-government business activity.

required minimum number of members means the number that is half the number of members of which the authority for the time being consists or, if that number is not a whole number, the next higher whole number.

responsible local government, for a local government entity, means—

(a)

for a local government entity that is a local government or part of a local government—the local government; or

(b)

for a local government entity that is a local government owned corporation—

(i)

if a local government holds all the shares in the local government owned corporation—the local government; or

(ii)

if 2 or more local governments hold shares in the local government owned corporation—the local governments.

responsible Minister, for a government agency, means—

(a)

for a government agency that is a department or a division, branch or other part of a department—the Minister administering the department; or

(b)

for a government agency established under an Act—the Minister administering the Act; or

(c)

for a government agency that is a government owned corporation—its shareholding Ministers under the Government Owned Corporations Act 1993; or

(d)

in any other case—the Minister nominated to be responsible for the government agency by the Minister administering this Act.

responsible operator...

responsible person, for an approved access undertaking, means the person to whom the undertaking applies as an owner or operator of the relevant service.

revocation recommendation means—

(a)

for part 3—a recommendation made by the authority under section 21D; or

(b)

for part 5—a recommendation made by the authority under section 88; or

(c)

for part 5A—a recommendation made by the authority under section 170R.

ruling, for part 5, division 7A, see section 150C.

ruling notice, for part 5, division 7A, see section 150C.

secondary amendment notice, for part 5, see section 140(2).

secondary undertaking notice see section 134.

service (other than for part 5) includes—

(a)

the supply of goods; and

(b)

the making available for use of facilities of any kind; and

(c)

the conferring of rights, benefits or privileges; and

(d)

the exercise of the general functions of a government agency.

service, for part 5, see section 72.

significant business activity, for part 3, means a significant business entity of a local government under the Local Government Act.

undertaking...

Unitywater...

user, for a service, means a person who has access to the service under an access agreement or access determination.

water authority...

water board...

water pricing determination see section 170ZB(1).

water pricing determination code means a code mentioned in part 5A, division 3.

water pricing period for part 5A, division 2, subdivision 7, see section 170ZA.

water pricing proposal for part 5A, division 2, subdivision 7, see section 170ZA.

water seeker...

water supplier means an entity, other than the State or a government agency, that—

(a)

carries on, or negotiates to carry on, a water supply activity; and

(b)

is not owned, whether legally or beneficially and whether entirely or in part, by the State or a government agency.

water supply activity means the provision of 1 or both of the following—

(a)

water services, including the following—

(i)

water storage;

(ii)

the transmission of water;

(iii)

the reticulation of water;

(iv)

water treatment or recycling;

(b)

wastewater services, including the following—

(i)

wastewater treatment;

(ii)

the collection and transmission of wastewater through infrastructure;

(iii)

the disposal of wastewater.

water supply agreement...

water supply criteria see section 170C.

water supply determination...

water supply dispute notice...

water supply undertaking...

Regulations

This provision refers to the regulations (a regulation, prescribed person). Made under this Act:

Queensland Competition Authority Regulation 2018

This Act’s bill:Explanatory memorandum

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