Electricity Supply Industry Act 1995

The Regulator may declare that goods or a service that are or may be provided by an electricity entity, or an authorised retailer, specified in the declaration are a declared electrical service.

A declaration may not be made under subsection (1) in relation to – a service provided under standard retail contracts in respect of small customers; or a distribution service or a transmission service.

The Regulator may only make a declaration under subsection (1) in relation to goods, or a service, that are or may be provided by an electricity entity, or an authorised retailer, specified in the declaration, if – the electricity entity or authorised retailer has substantial market power in respect of the service; and the promotion of competition, efficiency or the public interest requires the making of the declaration.

The Regulator may amend or revoke a declaration made under subsection (1).

If the Regulator declares in accordance with subsection (1) goods or a service to be a declared electrical service, the Regulator may, in accordance with the regulations, determine the maximum prices, in relation to the declared electrical service, that the electricity entity or authorised retailer specified in the declaration may charge for the provision of the service.

If the Regulator determines in accordance with subsection (5) the maximum prices that the electricity entity or authorised retailer specified in the declaration may charge for the provision of a declared electrical service, the electricity entity or authorised retailer must only impose a price in respect of the service if the price is in accordance with the determination, as amended, if at all, under subsection (7). Fine not exceeding 1 000 penalty units.

The Regulator may amend or revoke a determination made under subsection (5).

The regulations may make provision in relation to – the making by the Regulator of declarations or determinations under this section; and the amending or revocation of declarations or determinations under this section; and the matters that the Regulator is to take into account in making, amending or revoking declarations or determinations under this section; and the making of adjustments to determinations made under this section; and the charging to an electricity entity or an authorised retailer of costs incurred by the Regulator in exercising the Regulator's powers under this Division or regulations for the purposes of this Division.

If the regulations make provision in relation to the making, amendment or revocation of a declaration or determination under this section, a declaration or determination under this section that is to be made, amended or revoked, is to be, respectively, made, amended or revoked in accordance with the regulations.

A declaration or determination under this section remains in force for the period determined in accordance with the regulations.