{"id":"essential-services-commission-act-2002","name":"Essential Services Commission Act 2002","slug":"essential-services-commission-act-2002","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32016,"registerId":"sa-essential-services-commission-act-2002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Essential Services Commission Act 2002","content":"South Australia\nEssential Services Commission Act 2002\nAn Act to establish the Essential Services Commission; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Essential Services Commission\n4\tEssential Services Commission\n5\tFunctions\n6\tObjectives\n7\tIndependence\n8\tCommission may publish statements, reports and guidelines\n9\tCommission must publish Charter\n10\tConsultation\n11\tMemoranda of Understanding\n12\tMembership of Commission\n13\tCommissioners\n14\tActing Chairperson\n15\tStaff\n16\tConsultants\n17\tAdvisory committees\n18\tDelegation\n19\tConflict of interest\n20\tMeetings of Commission\n21\tCommon seal and execution of documents\n22\tApplication of money received by Commission\n23\tAnnual performance plan and budget\n24\tAccounts and audit\nPart 3—Price regulation\n25\tPrice regulation\n26\tMaking and effect of price determinations\n27\tOffence to contravene price determination\nPart 4—Industry codes and rules\n28\tCodes and rules\nPart 5—Collection and use of information\n29\tCommission's power to require information\n30\tObligation to preserve confidentiality\nPart 6—Reviews\n31\tReview by Commission\n32\tReview by Tribunal\n33\tExclusion of other challenges to price determinations\nPart 7—Inquiries and reports\n34\tInquiry by Commission\n35\tMinister may refer matter for inquiry\n36\tNotice of inquiry\n37\tConduct of inquiry\n38\tReports\nPart 8—Miscellaneous\n39\tAnnual report\n40\tWarning notices and assurances\n41\tRegister of warning notices and assurances\n42\tInjunctions\n43\tFalse or misleading information\n44\tStatutory declarations\n45\tGeneral defence\n47\tContinuing offence\n48\tOrder for payment of profit from contravention\n50\tEvidence\n51\tService\n52\tRegulations\n53\tReview of Act\nSchedule 2—Transitional provisions\n2\tTransitional\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Essential Services Commission Act 2002.\n3—Interpretation\nIn this Act—\nChairperson means the person appointed as the Chairperson of the Commission under Part 2;\nCommission means the Essential Services Commission established under Part 2;\nCommissioner means the Chairperson or another Commissioner appointed to the Commission under Part 2;\ncontravention includes a failure to comply;\nessential services means any of the following:\n\t(a)\telectricity services;\n\t(b)\tgas services;\n\t(c)\twater and sewerage services;\n\t(d)\tmaritime services;\n\t(e)\trail services;\n\t(f)\tany other services prescribed for the purpose of this definition;\nindustry Minister, in relation to a regulated industry, means the Minister administering the Act by which the regulated industry is declared for the purposes of this Act;\ninquiry means an inquiry by the Commission under Part 7;\nprice determination means a determination by the Commission under Part 3;\nregulated entity means an entity operating in a regulated industry;\nregulated industry means a specified industry, or specified activities, consisting of, involved in or related to the provision of essential services, declared by another Act to constitute a regulated industry for the purposes of this Act;\nrelevant industry regulation Act means another Act by which a regulated industry is declared for the purposes of this Act, and includes regulations under that other Act;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nPart 2—Essential Services Commission\n4—Essential Services Commission\n\t(1)\tThe Essential Services Commission is established.\n\t(2)\tThe Commission—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued in its corporate name.\n\t(3)\tThe Commission has all the powers of a natural person together with powers conferred on the Commission by or under this or any other Act.\n5—Functions\nThe Commission has the following functions:\n\t(a)\tto regulate prices and perform licensing and other functions under relevant industry regulation Acts;\n\t(b)\tto monitor and enforce compliance with and promote improvement in standards and conditions of service and supply under relevant industry regulation Acts;\n\t(c)\tto make, monitor the operation of, and review from time to time, codes and rules relating to the conduct or operations of a regulated industry or regulated entities;\n\t(d)\tto provide and require consumer consultation processes in regulated industries and to assist consumers and others with information and other services;\n\t(e)\tto advise the Minister on matters relating to the economic regulation of regulated industries, including reliability issues and service standards;\n\t(f)\tto advise the Minister on any matter referred by the Minister;\n\t(g)\tto administer this Act;\n\t(h)\tto perform functions assigned to the Commission under this or any other Act;\n\t(i)\tin appropriate cases, to prosecute offences against this Act or a relevant industry regulation Act.\n6—Objectives\nIn performing the Commission's functions, the Commission must—\n\t(a)\thave as its primary objective protection of the long term interests of South Australian consumers with respect to the price, quality and reliability of essential services; and\n\t(b)\tat the same time, have regard to the need to—\n\t(i)\tpromote competitive and fair market conduct; and\n\t(ii)\tprevent misuse of monopoly or market power; and\n\t(iii)\tfacilitate entry into relevant markets; and\n\t(iv)\tpromote economic efficiency; and\n\t(v)\tensure consumers benefit from competition and efficiency; and\n\t(vi)\tfacilitate maintenance of the financial viability of regulated industries and the incentive for long term investment; and\n\t(vii)\tpromote consistency in regulation with other jurisdictions.\n7—Independence\nExcept as provided under this Act or any other Act, the Commission is not subject to Ministerial direction in the performance of its functions.\n8—Commission may publish statements, reports and guidelines\nThe Commission may publish statements, reports and guidelines relating to the performance of its functions.\n9—Commission must publish Charter\n\t(1)\tThe Commission must, in consultation with the Minister, develop and publish a Charter of Consultation and Regulatory Practice including guidelines relating to processes for making price determinations or codes or rules and conducting inquiries.\n\t(2)\tThe Charter of Consultation and Regulatory Practice—\n\t(a)\tmust include such matters as are prescribed by regulation; and\n\t(b)\tmay include any other matters that the Commission considers appropriate.\n10—Consultation\n\t(1)\tThis section applies to the Commission and to prescribed agencies for the purposes of ensuring that—\n\t(a)\tthe regulatory and decision making processes of the Commission and prescribed agencies are closely integrated and better informed; and\n\t(b)\toverlap or conflict between existing and proposed regulatory schemes is avoided.\n\t(2)\tThe Commission must as early as practicable consult with a relevant prescribed agency—\n\t(a)\tin the making of a price determination or a code or rules; and\n\t(b)\tin the conduct of an inquiry, after first consulting with the Minister; and\n\t(c)\tin preparing and reviewing the Charter of Consultation and Regulatory Practice.\n\t(3)\tIf requested in writing to do so by the Commission, a prescribed agency must consult with the Commission—\n\t(a)\tin relation to any matter specified by the Commission that is relevant to the objectives or functions of the Commission under this Act and under any relevant industry regulation Act; or\n\t(b)\tin respect of a matter specified by the Commission that may impact on a regulated industry.\n\t(4)\tA prescribed agency must ensure that consultation occurs as early as practicable in the regulatory, advisory or decision making processes of the prescribed agency.\n\t(5)\tThe requirements under this section are in addition to any other requirements or processes under any other legislation or regulatory scheme.\n\t(6)\tIn this Part—\nprescribed agency means a person, body or agency that—\n\t(a)\thas functions or powers under relevant health, safety, environmental or social legislation applying to a regulated industry; and\n\t(b)\tis prescribed by regulation for the purposes of this Part.\n11—Memoranda of Understanding\n\t(1)\tIn this section—\nprescribed body means—\n\t(a)\ta person, body or agency that—\n\t(i)\tis a prescribed agency; or\n\t(ii)\trepresents the interests of users or consumers; and\n\t(b)\tis prescribed by regulation for the purposes of this section.\n\t(2)\tThe Commission and a prescribed body must enter into a Memorandum of Understanding by a date determined by the Minister.\n\t(3)\tA Memorandum of Understanding—\n\t(a)\tmust include such matters as are prescribed; and\n\t(b)\tmay include any other matters that the parties consider appropriate.\n\t(4)\tThe Commission must ensure that a Memorandum of Understanding is published—\n\t(a)\tin the Gazette; and\n\t(b)\ton the internet.\n12—Membership of Commission\nThe Commission will be constituted of—\n\t(a)\ta Commissioner appointed by the Governor as the Chairperson; and\n\t(b)\tsuch number of additional Commissioners, full-time or part-time, as are appointed by the Governor.\n13—Commissioners\n\t(1)\tA person may be appointed as a Commissioner who is qualified for appointment because of the person's knowledge of, or experience in, one or more of the fields of industry, commerce, economics, law or public administration.\n\t(2)\tA Commissioner will be appointed—\n\t(a)\t—\n\t(i)\tin the case of the Chairperson—for a term of 5 years;\n\t(ii)\tin the case of any other Commissioner—for a term not exceeding 5 years; and\n\t(b)\ton terms and conditions as to remuneration and other matters determined by the Governor.\n\t(3)\tAt the expiration of a term of appointment, a Commissioner will be eligible for reappointment.\n\t(4)\tThe conditions of appointment of a Commissioner must not, without the consent of the Commissioner, be varied while the Commissioner is in office so as to become less favourable to the Commissioner.\n\t(5)\tThe Chairperson must not engage, without the consent of the Minister, in any other remunerated employment.\n\t(6)\tThe office of a Commissioner becomes vacant if the Commissioner—\n\t(a)\tdies; or\n\t(b)\tresigns by written notice to the Minister or is not re-appointed at the end of a term of appointment; or\n\t(c)\tis removed from office under this section; or\n\t(d)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(e)\tbecomes bankrupt or applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or\n\t(f)\tbecomes a member, or a candidate for election as a member, of the Parliament of the State, the Commonwealth, or any other State of the Commonwealth.\n\t(7)\tThe Supreme Court may, by order made on the application of the Minister, remove a Commissioner from office for—\n\t(a)\tmisconduct; or\n\t(b)\tincapacity to perform satisfactorily the Commissioner's functions; or\n\t(c)\tmaterial contravention of, or failure to comply with, the requirements of this or any other Act.\n\t(8)\tThe Supreme Court may, by order made on the application of the Minister, suspend a Commissioner from office pending determination of an application for removal of the Commissioner.\n\t(9)\tA Commissioner may only be removed or suspended from office as provided in this section.\n14—Acting Chairperson\n\t(1)\tThe Governor may appoint an Acting Chairperson to act in the office of the Chairperson and a person so appointed has, while so acting, all the functions and powers of the Chairperson.\n\t(2)\tAn Acting Chairperson may act in the office of the Chairperson—\n\t(a)\twhile—\n\t(i)\tthe Chairperson is unable to perform official functions; or\n\t(ii)\tthe office of the Chairperson is vacant,\nbut not on a continuous basis for more than 6 months; or\n\t(b)\tif the Chairperson is disqualified from acting in relation to a particular matter—in relation to that matter.\n\t(3)\tThe terms and conditions of appointment of an Acting Chairperson will be as determined by the Governor.\n15—Staff\nThe staff of the Commission may comprise—\n\t(a)\tpersons employed in the Public Service of the State and assigned to assist the Commission;\n\t(b)\tpersons appointed by the Commission on terms and conditions determined by the Commission.\n16—Consultants\nThe Commission may engage consultants on terms and conditions considered appropriate by the Commission.\n17—Advisory committees\nThe Commission may establish advisory committees to provide advice on specified aspects of the Commission's functions.\n18—Delegation\n\t(1)\tSubject to this section, the Commission may delegate functions or powers to a Commissioner or any person or body of persons that is, in the Commission's opinion, competent to perform or exercise the relevant functions or powers.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n19—Conflict of interest\n\t(1)\tThe Chairperson, an Acting Chairperson, a Commissioner or a delegate of the Commission must inform the Minister in writing of—\n\t(a)\tany direct or indirect interest that the person has or acquires in any business, or in any body corporate carrying on business, in Australia or elsewhere; or\n\t(b)\tany other direct or indirect interest that the person has or acquires that conflicts or may conflict with the person's functions.\n\t(2)\tThe Chairperson, Acting Chairperson, Commissioner or delegate must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the person's functions in relation to a particular matter, and, unless the conflict is resolved to the Minister's satisfaction, the person is disqualified from acting in relation to the matter.\n\t(3)\tThis section does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.\n\t(4)\tA failure to comply with this section does not affect the validity of an act or decision of the Chairperson, Acting Chairperson, Commissioner or delegate.\n\t(5)\tSection 8 of the Public Sector (Honesty and Accountability) Act 1995 does not apply to the Chairperson, an Acting Chairperson or any Commissioner.\n20—Meetings of Commission\n\t(1)\tThe Chairperson may convene as many meetings of the Commission as he or she considers necessary for the efficient conduct of its affairs.\n\t(2)\tThe Chairperson must preside at a meeting of the Commission.\n\t(3)\tA quorum of the Commission consists of a majority of the Commissioners in office for the time being.\n\t(4)\tA decision arising at a meeting of the Commission is a decision of the Commission if carried by a majority of the votes cast by Commissioners at the meeting.\n\t(5)\tEach Commissioner present at a meeting of the Commission has 1 vote on any question arising for decision and, if the votes are equal, the Chairperson may exercise a casting vote.\n\t(6)\tSubject to this Act, the Commission may regulate its own procedure.\n21—Common seal and execution of documents\n\t(1)\tThe common seal of the Commission must not be affixed to a document except in pursuance of a decision of the Commission and the affixing of the seal must be attested by the signatures of 1 or more Commissioners.\n\t(2)\tThe Commission may, by instrument under its common seal, authorise a Commissioner, an employee of the Commission (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commission subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Commission.\n\t(4)\tA document is duly executed by the Commission if—\n\t(a)\tthe common seal of the Commission is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Commission by a person or persons in accordance with an authority conferred under this section.\n\t(5)\tWhere an apparently genuine document purports to bear the common seal of the Commission, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Commission has been duly affixed to that document.\n22—Application of money received by Commission\nExcept as otherwise directed by the Treasurer, fees or other amounts received by the Commission under this or any other Act will be paid into the Consolidated Account.\n23—Annual performance plan and budget\n\t(1)\tThe Commission must, from time to time, prepare and submit to the Minister a performance plan and budget for the next financial year or for some other period determined by the Minister.\n\t(2)\tThe performance plan must set out the Commission's major projects, and its goals and priorities with respect to the full range of the Commission's functions, for the period to which the plan relates.\n\t(3)\tThe budget must set out estimates of the Commission's receipts and expenditures for the period to which the budget relates.\n\t(4)\tThe plan and the budget must conform with any requirements of the Minister as to the form of the plan or budget or the matters to be addressed by the plan or budget.\n\t(5)\tThe Minister may approve a plan or budget submitted under this section with or without modification.\n24—Accounts and audit\n\t(1)\tThe Commission must ensure that proper accounting records are kept of the Commission's receipts and expenditures.\n\t(2)\tThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the Commission.\nPart 3—Price regulation\n25—Price regulation\n\t(1)\tThe Commission may make determinations regulating prices, conditions relating to prices and price-fixing factors for goods and services in a regulated industry.\n\t(2)\tThe Commission may only make a price determination if authorised to do so by a relevant industry regulation Act or by regulation under this Act.\n\t(3)\tA price determination may regulate prices, conditions relating to prices or price-fixing factors in a regulated industry in any manner the Commission considers appropriate, including—\n\t(a)\tfixing a price or the rate of increase or decrease in a price;\n\t(b)\tfixing a maximum price or maximum rate of increase or minimum rate of decrease in a maximum price;\n\t(c)\tfixing an average price for specified goods or services or an average rate of increase or decrease in an average price;\n\t(d)\tspecifying pricing policies or principles;\n\t(e)\tspecifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;\n\t(f)\tspecifying an amount determined by reference to quantity, location, period or other specified factor relevant to the supply of goods or services;\n\t(g)\tfixing a maximum average revenue, or maximum rate of increase or minimum rate of decrease in maximum average revenue, in relation to specified goods or services;\n\t(h)\tmonitoring the price levels of specified goods and services.\n\t(4)\tIn making a price determination, the Commission must (in addition to having regard to the general factors specified in Part 2) have regard to—\n\t(a)\tthe particular circumstances of the regulated industry and the goods and services for which the determination is being made;\n\t(b)\tthe costs of making, producing or supplying the goods or services;\n\t(c)\tthe costs of complying with laws or regulatory requirements;\n\t(d)\tthe return on assets in the regulated industry;\n\t(e)\tany relevant interstate and international benchmarks for prices, costs and return on assets in comparable industries;\n\t(f)\tthe financial implications of the determination;\n\t(g)\tany factors specified by a relevant industry regulation Act or by regulation under this Act;\n\t(h)\tany other factors that the Commission considers relevant.\n\t(5)\tIn making a price determination under this section, the Commission must ensure that—\n\t(a)\twherever possible the costs of regulation do not exceed the benefits; and\n\t(b)\tthe decision takes into account and clearly articulates any trade-off between costs and service standards.\n\t(6)\tSubsections (3), (4) and (5) have effect in relation to a regulated industry subject to the provisions of the relevant industry regulation Act for that industry.\n\t(7)\tIn this section—\nprice includes a price range.\n26—Making and effect of price determinations\n\t(1)\tBefore making a price determination, the Commission may send a copy of a draft of the determination—\n\t(a)\tto the Minister and the industry Minister; and\n\t(b)\tto each regulated entity to which the determination will apply; and\n\t(c)\tto any other person the Commission considers appropriate.\n\t(2)\tA price determination must include a summary of the information on which the determination is based and a statement of the reasons for the making of the determination.\n\t(3)\tThe Commission must—\n\t(a)\tsend a copy of a price determination—\n\t(i)\tto the Minister and the industry Minister; and\n\t(ii)\tto each regulated entity to which the determination applies; and\n\t(iii)\tto any person who made a submission to an inquiry to which the determination relates and who has asked for a copy of the determination; and\n\t(b)\tensure that copies of the determination are available for inspection and purchase by members of the public.\n\t(4)\tNotice of the making of a price determination must be published—\n\t(a)\tin the Gazette; and\n\t(b)\tin a newspaper circulating generally in the State; and\n\t(c)\ton the internet.\n\t(5)\tThe notice must include a brief description of the nature and effect of the price determination, details of when the determination takes effect and how a copy of the determination may be inspected or purchased.\n\t(6)\tA price determination takes effect on the date on which notice of its making is published in the Gazette or a later date of commencement specified in the determination.\n\t(7)\tA price determination has effect until it is revoked or until an expiry date specified in the determination.\n\t(8)\tA price determination may be varied or revoked by subsequent determination.\n27—Offence to contravene price determination\nA regulated entity must not contravene a price determination or part of a price determination that applies to the entity.\nMaximum penalty: $1 000 000.\nPart 4—Industry codes and rules\n28—Codes and rules\n\t(1)\tThe Commission may make codes or rules relating to the conduct or operations of a regulated industry or regulated entities.\n\t(2)\tThe Commission may vary or revoke a code or rules made under this section.\n\t(3)\tThe Commission must, before making, varying or revoking a code or rules, consult with the industry Minister and such representative bodies and participants in the regulated industry as the Commission considers appropriate.\n\t(4)\tA code or rules may apply or incorporate, wholly or partially and with or without modification, a document referred to in the code or rules, as in force from time to time or as in force at a particular time.\n\t(5)\tThe Commission must—\n\t(a)\tgive notice of the making, variation or revocation of a code or rules—\n\t(i)\tto the Minister and the industry Minister; and\n\t(ii)\tto each regulated entity to which the code or rules apply; and\n\t(b)\tensure that copies of the code or rules (as in force from time to time) are available for inspection and purchase by members of the public.\n\t(6)\tNotice of the making of a code or rules, or the variation or revocation of a code or rules, must be published in the Gazette.\n\t(7)\tA code or rule, or variation or revocation of a code or rule, takes effect on the date on which it is notified in the Gazette or a later date specified by the Commission in the code or a rule.\n\t(8)\tThe Commission must keep the contents and operation of codes and rules under review with a view to ensuring their continued relevance and effectiveness.\nPart 5—Collection and use of information\n29—Commission's power to require information\n\t(1)\tThe Commission may, by written notice, require a person to give the Commission, within a time and in a manner stated in the notice (which must be reasonable), information in the person's possession that the Commission reasonably requires for the performance of the Commission's functions.\n\t(1a)\tThe power of the Commission to require information includes (without limitation) power to require a NERL retailer required to comply with Part 6A of the Electricity Act 1996 or Part 5A of the Gas Act 1997—\n\t(a)\tto conduct an audit, in a manner approved by the Commission, of the NERL retailer's compliance with the relevant Part; and\n\t(b)\tto report the results of the audit to the Commission.\n\t(2)\tA person must comply with a requirement under this section.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(3)\tA person cannot be compelled to give information under this section if the information might tend to incriminate the person of an offence.\n\t(4)\tIn this section—\nNERL retailer has the same meaning as in the Electricity Act 1996 or the Gas Act 1997 (as the context requires).\n30—Obligation to preserve confidentiality\n\t(1)\tInformation gained under this Part that—\n\t(a)\tcould affect the competitive position of a regulated entity or other person; or\n\t(b)\tis commercially sensitive for some other reason,\nis, for the purposes of this Act, confidential information and a person performing a function under this Act or a relevant industry regulation Act is guilty of an offence if the person discloses such information otherwise than as authorised under this section.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tConfidential information may be disclosed if—\n\t(a)\tthe disclosure is made to another who is also performing a function under this Act or a relevant industry regulation Act; or\n\t(b)\tthe disclosure is made with the consent of the person who gave the information or to whom the information relates; or\n\t(c)\tthe disclosure is authorised or required under any other Act or law; or\n\t(d)\tthe disclosure is authorised or required by a court or tribunal constituted by law; or\n\t(e)\tthe disclosure is authorised by regulation.\n\t(3)\tThe Commission may disclose confidential information if the Commission is of the opinion that the public benefit in making the disclosure outweighs any detriment that might be suffered by a person in consequence of the disclosure.\n\t(4)\tIf a person, when giving information to the Commission in response to a requirement of the Commission under this Part, claims that the information is confidential information, the Commission must, before disclosing the information otherwise than as referred to in subsection (2), give the person written notice of the proposed disclosure and the reasons for the disclosure.\n\t(5)\tA person performing a function under this Act or a relevant industry regulation Act must not use confidential information for the purpose of securing a private benefit for himself or herself or for some other person.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(6)\tInformation classified by the Commission as being confidential under subsection (1) is not liable to disclosure under the Freedom of Information Act 1991.\nPart 6—Reviews\n31—Review by Commission\n\t(1)\tAn application may be made to the Commission—\n\t(a)\tby the Minister, or by a regulated entity to which the determination applies, for a review of a price determination; or\n\t(b)\tby a person of whom a requirement has been made by written notice under Part 5 for a review of the decision of the Commission to make that requirement; or\n\t(c)\tby a person who has been given written notice under Part 5 of the proposed disclosure of information that the person claimed to be confidential information for a review of the decision of the Commission to disclose the information.\n\t(2)\tAn application for a review must—\n\t(a)\tbe in writing; and\n\t(b)\tset out the price determination or part of the price determination, or the decision, to which the application relates; and\n\t(c)\tset out in detail the grounds on which the applicant seeks review and the decision sought on the review; and\n\t(d)\tbe accompanied by any information that the applicant considers should be taken into account by the Commission on the review; and\n\t(e)\tbe lodged with the Commission within 20 working days after the price determination is published or within 10 working days after receipt of the written notice referred to in subsection (1) (as the case requires).\n\t(3)\tIf an application is made for a review of a price determination—\n\t(a)\tthe Commission must give a copy of the application to each other person who could also have applied for review of the determination; and\n\t(b)\tinvite each such person to join as a party to the review and make submissions on the matter the subject of the review, within 20 working days after receiving a copy of the application, and in a manner specified by the Commission.\n\t(4)\tThe Commission may stay the operation of the price determination or decision to which the application relates.\n\t(5)\tIf a price determination is stayed, the Commission must cause notice of the stay of the determination—\n\t(a)\tto be given to the Minister, the industry Minister and to each regulated entity to which the determination applies; and\n\t(b)\tto be published in the Gazette.\n\t(6)\tA review must be decided—\n\t(a)\tin the case of a review of a price determination—within 10 weeks of the application being lodged with the Commission; and\n\t(b)\tin the case of a review of a decision of the Commission under Part 5—within 6 weeks of the application being lodged with the Commission.\n\t(7)\tIf a review is not decided within the relevant period, the Commission is to be taken to have confirmed the price determination or decision.\n\t(8)\tAfter considering the application, the Commission may confirm, vary or substitute the price determination or decision.\n\t(9)\tThe Commission must give the applicant and any other person who joins as a party to the review written notice of the Commission's decision, and the reasons for the decision, on the review.\n\t(10)\tIf the Commission decides on a review of a price determination to vary or substitute the determination, the Commission must vary or substitute the determination by a further determination in accordance with Part 3 but that further determination may not be made the subject of an application for a review under this section.\n32—Review by Tribunal\n\t(1)\tThe applicant for a review by the Commission under section 31, or any other party to the review who made submissions on the review, who is dissatisfied with the price determination or decision as confirmed, varied or substituted by the Commission on the review may apply to the Tribunal for a review of the determination or decision under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tFor the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with knowledge of, or experience in, a regulated industry or the fields of commerce or economics.\n\t(2a)\tIn any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors.\n\t(3)\tAn application for review by the Tribunal must be made to the Tribunal—\n\t(a)\twithin 10 working days after receipt of the written notice of the decision of the Commission on the review; or\n\t(b)\tif the Commission failed to make a decision on the review within the allowed period, within 10 working days after the end of that period,\n(or within such longer period as the Tribunal may allow).\n\t(4)\tIf an application for review by the Tribunal is made under this section, any other party to the review by the Commission who made submissions on the review must be given notice of the application for review and may apply to be joined as a party to the review by the Tribunal.\n\t(5)\tIf a price determination is stayed by the Commission or the Tribunal, the Commission or the Tribunal must cause notice of the stay of the determination—\n\t(a)\tto be given to the Minister, the industry Minister and to each regulated entity to which the determination applies; and\n\t(b)\tto be published in the Gazette.\n\t(6)\tSection 37(1)(b) and (c)(i) of the South Australian Civil and Administrative Tribunal Act 2013 do not apply to a review by the Tribunal under this section.\n33—Exclusion of other challenges to price determinations\nThe validity of a price determination may not be challenged in a prosecution or other proceedings concerning non-compliance with the determination or by any other proceedings apart from a review or appeal under this Part.\nPart 7—Inquiries and reports\n34—Inquiry by Commission\nThe Commission may, after consultation with the Minister, conduct an inquiry if the Commission considers an inquiry is necessary or desirable for the purpose of carrying out the Commission's functions.\n35—Minister may refer matter for inquiry\n\t(1)\tThe Commission must conduct an inquiry into any matter that the Minister, by written notice, refers to the Commission.\n\t(2)\tThe Commission must conduct an inquiry into any matter relating to a regulated industry that the industry Minister, by written notice, refers to the Commission.\n\t(3)\tAn industry Minister must consult with the Minister before referring a matter to the Commission.\n\t(4)\tThe written notice must specify the terms of reference for the inquiry.\n\t(5)\tThe Minister referring a matter may do one or more of the following:\n\t(a)\trequire that a report on the inquiry be delivered to the Minister within a specified period;\n\t(b)\trequire the Commission, as part of the inquiry, to consider whether a price determination should be made under Part 3, and if satisfied that it should, to make such a determination under that Part in conjunction with the making of its report on the inquiry;\n\t(c)\trequire the Commission to make a draft report publicly available or available to specified persons or bodies during the inquiry;\n\t(d)\trequire the Commission to make a draft price determination publicly available or available to specified persons during the inquiry;\n\t(e)\trequire the Commission to consider specified matters;\n\t(f)\tgive the Commission specific directions in respect of the conduct of the inquiry.\n\t(6)\tA Minister who has referred a matter may, by written notice, vary the terms of reference or a requirement or direction under subsection (5).\n36—Notice of inquiry\n\t(1)\tThe Commission must publish notice of an inquiry in a newspaper circulating generally in the State.\n\t(2)\tThe notice must specify—\n\t(a)\tthe purpose of the inquiry; and\n\t(b)\tthe period during which the inquiry is to be held; and\n\t(c)\tthe period within which, and the form in which, members of the public may make submissions, including details of public hearings; and\n\t(d)\tthe matters that the Commission would like submissions to deal with.\n\t(3)\tIf the inquiry relates to a matter referred to the Commission by a Minister, the notice must include the terms of reference and any requirements or directions of the Minister relating to the inquiry.\n\t(4)\tThe Commission must publish a further notice if the terms of reference or any requirement or direction relating to the inquiry are varied.\n\t(5)\tThe Commission must send a copy of a notice published under this section to regulated entities that the Commission considers may be affected by the inquiry and any person or body that the Commission considers should be notified.\n37—Conduct of inquiry\n\t(1)\tSubject to any requirement or direction of a Minister under this Part, an inquiry—\n\t(a)\tmay be conducted in such manner as the Commission considers appropriate; and\n\t(b)\tmay (but need not) involve public hearings.\n\t(2)\tThe Commission is not, in the conduct of an inquiry, bound by the rules of evidence.\n\t(3)\tThe power of the Commission to make a requirement under Part 5 includes, for the purposes of an inquiry, the power to require that a person attend before the Commission at a specified time and place and that the person answer questions or produce documents or records as required by the Commission.\n38—Reports\n\t(1)\tThe Commission must deliver a copy of the Commission's final report on an inquiry to the relevant Minister.\n\t(2)\tThe Commission may, during the course of an inquiry, deliver a special report to the relevant Minister.\n\t(3)\tThe Commission must identify in a report any information contained in the report that the Commission considers is confidential information in accordance with Part 5.\n\t(4)\tThe relevant Minister must, within 12 sitting days after receipt of a report, cause a copy of the report (excluding any information identified under subsection (3) as confidential information) to be laid before both Houses of Parliament.\n\t(5)\tThe relevant Minister must, after a report has been laid before both Houses of Parliament or, if Parliament is not sitting, within 28 days after receiving a report, ensure that copies of the report (excluding any information identified under subsection (3) as confidential information) are available for public inspection.\n\t(6)\tAfter the relevant Minister has made a report publicly available, the Commission must ensure that copies (excluding any information identified under subsection (3) as confidential information) are available for purchase by members of the public.\n\t(7)\tIf information is excluded from a report as being confidential information, a note to that effect must be included in the report at the place in the report from which the information is excluded.\n\t(8)\tIn this section—\nrelevant Minister, in relation to an inquiry into a matter, means—\n\t(a)\tif the Commission conducted the inquiry on its own initiative, the Minister; or\n\t(b)\tin any other case, the Minister who referred the matter to the Commission.\nPart 8—Miscellaneous\n39—Annual report\n\t(1)\tThe Commission must, within 3 months after the end of each financial year, deliver to the Minister a report on the administration of this Act during that financial year.\n\t(2)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.\n40—Warning notices and assurances\n\t(1)\tIf it appears to the Commission that a person has been guilty of a contravention of this Act, the Commission may issue a warning notice to the person, warning the person that the person will be prosecuted for the contravention unless—\n\t(a)\tif the contravention is capable of being rectified, the person takes action specified in the notice to rectify the contravention within the period specified in the notice; and\n\t(b)\tthe person gives the Commission an assurance, in the terms specified in the notice, and within the period specified in the notice, that the person will avoid a future such contravention.\n\t(2)\tA warning notice issued under this section, and an assurance given under this section, must be in writing.\n\t(3)\tThe action that may be specified in a warning notice to rectify a contravention may include action to remedy adverse consequences of the contravention, for example (without limitation)—\n\t(a)\tthe refunding of an amount wrongly paid to the person as a result of the contravention; or\n\t(b)\tthe payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or\n\t(c)\tthe disclosure of information; or\n\t(d)\tthe publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.\n\t(4)\tThe Commission may, by written notice to a person, vary a warning notice issued to the person.\n\t(5)\tIf the Commission issues a warning notice to a person, the Commission must not proceed against the person in respect of the contravention to which the notice relates, unless the person—\n\t(a)\tfails to take action specified in the notice to rectify the contravention within the period specified in the notice; or\n\t(b)\tfails to give the Commission an assurance in the terms specified in the notice within the period specified in the notice; or\n\t(c)\tcontravenes an assurance given by the person in response to the notice.\n41—Register of warning notices and assurances\n\t(1)\tThe Commission must keep a register of warning notices issued by the Commission under this Part, and a register of assurances given to the Commission under this Part.\n\t(2)\tA person may, without payment of a fee, inspect a register kept under this section.\n42—Injunctions\n\t(1)\tIf the District Court is satisfied, on the application of the Minister, the Commission or any other person, that a person has engaged or proposes to engage in conduct that constitutes or would constitute a contravention of this Act, the Court may grant an injunction in such terms as the Court determines to be appropriate.\n\t(2)\tIf the District Court is satisfied, on the application of the Minister or the Commission that a person has engaged in conduct constituting a contravention of this Act, the Court may grant an injunction requiring that person to take specified action to remedy any adverse consequence of that conduct.\n\t(3)\tThe action that may be required by an injunction to remedy adverse consequences of conduct constituting a contravention may include (without limitation)—\n\t(a)\tthe refunding of an amount wrongly paid as a result of the contravention; or\n\t(b)\tthe payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or\n\t(c)\tthe disclosure of information; or\n\t(d)\tthe publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.\n\t(4)\tAn injunction may be granted by the District Court under this section—\n\t(a)\tin proceedings in which the Court convicts a person of an offence to which the application relates; or\n\t(b)\tin proceedings brought before the Court for the purpose of obtaining the injunction.\n\t(5)\tThe power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised—\n\t(a)\twhether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\n\t(b)\twhether or not the person has previously engaged in conduct of that kind; and\n\t(c)\twhether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.\n\t(6)\tThe power of the District Court to grant an injunction requiring a person to do an act or thing may be exercised—\n\t(a)\twhether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n\t(b)\twhether or not the person has previously refused or failed to do that act or thing; and\n\t(c)\twhether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.\n\t(7)\tAn interim injunction may be granted under this section pending final determination of the application.\n\t(8)\tA final injunction may, by consent of the parties, be granted under this section without proof that proper grounds for the injunction exist.\n\t(9)\tWhere the Minister or the Commission applies for an injunction under this section, no undertaking as to damages will be required.\n\t(10)\tThe Minister may give an undertaking as to damages or costs on behalf of some other applicant and, in that event, no further undertaking will be required.\n\t(11)\tAn injunction under this section may be rescinded or varied at any time.\n43—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information given under this Act.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n44—Statutory declarations\nIf a person is required by or under this Act to give information to the Commission, the Commission may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have given the information as required unless it has been verified in accordance with the requirements of the Commission.\n45—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n47—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-fifth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-fifth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n48—Order for payment of profit from contravention\nThe court convicting a person of an offence against this Act may order the convicted person to pay to the Crown an amount not exceeding the court's estimation of the amount of any monetary, financial or economic benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence.\n50—Evidence\n\t(1)\tIf, in any legal proceedings, a person is alleged to have held a specified appointment under this Act at a specified time, the allegation is taken to have been proved in the absence of proof to the contrary.\n\t(2)\tIn any legal proceedings, an apparently genuine document purporting to be a certificate of the Commission certifying as to the making, issuing, receipt or contents of a delegation, price determination, requirement, decision, order, code, rules, notice or assurance under this Act constitutes proof of the matters so certified in the absence of proof to the contrary.\n51—Service\n\t(1)\tA notice or other document required or authorised to be given to or served on a person under this Act may be given or served—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given to or served on a person may be given to or served on the person in accordance with the Corporations Act 2001 of the Commonwealth (if applicable to the person).\n52—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may deal with the following matters:\n\t(a)\tfees to be paid in respect of any matter under this Act and the recovery, refund, waiver or reduction of such fees; and\n\t(b)\tpenalties not exceeding $5 000 for contravention of a regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or limited in application according to the persons, areas, times or circumstances to which it is expressed to apply;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined, regulated or prohibited according to the discretion of the Minister or the Commission.\n53—Review of Act\n\t(1)\tThe Minister is to review this Act to determine the effectiveness of the work of the Commission and the attainment of the objects of this Act.\n\t(2)\tThe review is to be undertaken as soon as possible after the period of 3 years from the date of assent to this Act and a report on the outcome of the review is to be completed within 6 months after that period of 3 years.\n\t(3)\tThe Minister must cause a copy of the report on the outcome of the review to be tabled in each House of Parliament within 12 sitting days after its completion.\nSchedule 2—Transitional provisions\n2—Transitional\n\t(1)\tThe Commission is the same body corporate as the South Australian Independent Industry Regulator established under the Independent Industry Regulator Act 1999.\n\t(2)\tA reference in an Act or instrument to the South Australian Independent Industry Regulator is (where the context permits) to be read as a reference to the Commission.\n\t(3)\tA delegation, appointment, determination, requirement, decision, order, code or rule made under a provision of the Independent Industry Regulator Act 1999 and in force under that Act immediately before the commencement of this clause continues subject to this Act as if made under the corresponding provision of this Act.\n\t(4)\tSubject to this Act, the person immediately before the commencement of this clause holding the office of the South Australian Independent Industry Regulator is to be taken to have been appointed as the Chairperson of the Commission until—\n\t(a)\tthe end of the period when the person's term of appointment as the Independent Industry Regulator would have expired; or\n\t(b)\tif the Governor extends the period under this clause, the end of the period as so extended.\n\t(5)\tThe Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to the repeal effected by this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Essential Services Commission Act 2002 repealed the following:\nIndependent Industry Regulator Act 1999\nLegislation amended by principal Act\nThe Essential Services Commission Act 2002 amended the following:\nLocal Government Act 1999\nMaritime Services (Access) Act 2000\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2002\n14\n Essential Services Commission Act 2002\n5.9.2002\n12.9.2002 except s 9—1.3.2003 (Gazette 12.9.2002 p3393)\n2007\n6\n Barley Exporting Act 2007\n5.4.2007\nSch 3 (cl 1)—1.7.2007 (Gazette 31.5.2007 p2216)—cancelled on 2.7.2010: s 23(4)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 59 (ss 122 & 123)—1.2.2010 (Gazette 28.1.2010 p320)\n2012\n9\n Water Industry Act 2012\n19.4.2012\nSch 2 (cl 3)—1.1.2013 (Gazette 21.6.2012 p2837)\n2012\n55\n Statutes Amendment (National Energy Retail Law Implementation) Act 2012\n13.12.2012\nPt 3 (s 23)—1.2.2013 (Gazette 31.1.2013 p157)\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 17 (s 34)—17.6.2013 (Gazette 6.6.2013 p2498)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 16 (ss 81 to 85)—4.10.2018 (Gazette 28.6.2018 p2618)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\nessential services\namended by 6/2007 Sch 3 cl 1 but this amendment cancelled by 6/2007 s 23(4)\n1.7.2007—cancelled on 2.7.2010\nTribunal\ninserted by 51/2017 s 81\n4.10.2018\nPt 2\n\n\ns 19\n\n\ns 19(5)\ninserted by 84/2009 s 122\n1.2.2010\nPt 5\n\n\ns 29\n\n\ns 29(1a)\ninserted by 55/2012 s 23(1)\n1.2.2013\ns 29(4)\ninserted by 55/2012 s 23(2)\n1.2.2013\nPt 6\n\n\nheading\namended by 51/2017 s 82\n4.10.2018\ns 31\n\n\ns 31(2)\namended by 9/2012 Sch 2 cl 3(1), (2)\n1.1.2013\ns 31(3)\namended by 9/2012 Sch 2 cl 3(3)\n1.1.2013\ns 31(6)\nsubstituted by 9/2012 Sch 2 cl 3(4)\n1.1.2013\ns 31(7)\namended by 9/2012 Sch 2 cl 3(5)\n1.1.2013\ns 32\n\n\ns 32(1) and (2)\nsubstituted by 51/2017 s 83(1)\n4.10.2018\ns 32(2a)\ninserted by 51/2017 s 83(1)\n4.10.2018\ns 32(3)\namended by 51/2017 s 83(2)—(4)\n4.10.2018\ns 32(4)\nsubstituted by 51/2017 s 83(5)\n4.10.2018\ns 32(5)\namended by 51/2017 s 83(6)\n4.10.2018\ns 32(6)\nsubstituted by 51/2017 s 83(7)\n4.10.2018\ns 32(7) and (8)\ndeleted by 51/2017 s 83(7)\n4.10.2018\nPt 8\n\n\ns 46\ndeleted by 16/2013 s 34\n17.6.2013\ns 49\ndeleted by 84/2009 s 123\n1.2.2010\nSch 1\ndeleted by 51/2017 s 84\n4.10.2018\nSch 2\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n\nSch 3\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 16\n85—Transitional provisions\n\t(1)\tA right of appeal under section 32 of the principal Act in existence (but not yet exercised) before the relevant day will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\n\t(3)\tA member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\n\t(4)\tIn this section—\nexpert panel means the panel established under Schedule 1 of the principal Act as in force immediately before the relevant day;\nprincipal Act means the Essential Services Commission Act 2002;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n1.7.2007\n\n1.2.2010\n\n2.7.2010\n\n1.1.2013\n\n1.2.2013\n\n17.6.2013\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as no legislative text was provided. The page returned was a website error notice, not the Essential Services Commission Act 2002 (SA)."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error","Complexity cannot be meaningfully assessed without actual statutory content","Score of 1 reflects the absence of analysable material, not simplicity of the underlying Act"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided did not return the actual text of the *Essential Services Commission Act 2002* (SA). Instead, it returned a **404 'Page Not Found' error** from the South Australian legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n**What this means for you:** No substantive legal content was retrieved, so no meaningful analysis of how this Act affects South Australians can be provided. To access the actual Act, try:\n- Searching directly at [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au)\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Searching for the Act by name in the SA legislation index"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s practical scope has been altered since the 2002 principal Act by multiple amendments recorded in the legislative history. Examples in the text show expansion or modification of powers and procedures: insertion of a specific audit/report power for NERL retailers (s29(1a)) broadens information‑gathering; substitution and amendment of review/appeal provisions moved external review channels to the South Australian Civil and Administrative Tribunal and added assessor panels (s32 as amended); adjustments to conflict-of-interest/accountability provisions were made (s19(5) inserted); and industry-specific changes (for example via the Water Industry Act 2012 and national energy retail law implementation amendments) affect which industries the Commission may regulate and how (Legislative history and amendment notes). These amendments change how and in which industries the Commission exercises functions, expand information and review mechanisms, and alter institutional oversight compared with the original 2002 text."},"complexity_factors":["Cross-references and dependence on other Acts: price-regulation powers only when authorised by a relevant industry regulation Act (s25(2)); definitions and some powers tied to external energy Acts (s29(1a)).","Wide delegated discretion: the Commission may set varied forms of price control (s25(3)), make codes and rules (s28), delegate functions (s18) and regulations may confer decision-making discretions to the Minister or Commission (s52(3)(b)).","Multi-layer review and appeal structure: internal Commission review with time limits (s31) plus external review to the Tribunal with specialist assessors (s32), and statutory bar on other challenges (s33).","Detailed procedural and publication requirements for determinations, notices and inquiries (ss26, 36, 38) increasing administrative steps.","Significant enforcement and penalty regime including high maximum fines, criminal penalties for information offences, continuing daily penalties and profit disgorgement (ss27, 29, 30, 47, 48).","Confidentiality carve-outs balanced against public reporting obligations (s30(3)–(6), s38), requiring case-by-case assessment of disclosure decisions.","Consultation and coordination requirements with prescribed agencies and Ministers (ss9–11, 10, 35) that can add complexity to timing and scope of regulatory actions.","Transitional and amendment history adding layers (Schedule 2 and Legislative history) that affect which bodies, processes or appeal routes apply (e.g. Tribunal substitution)."],"plain_english_summary":"What this law does, mechanically\n\n- Establishes the Essential Services Commission (the Commission) as a corporate body with legal powers to act, sue and be sued (s4).  The Commission is staffed, may engage consultants and set up advisory committees (ss15–17).\n- Gives the Commission a set of functions: regulate prices and licensing under other industry Acts, monitor and enforce standards, make and review industry codes and rules, provide and require consumer consultation, advise Ministers, administer this Act and, in appropriate cases, prosecute offences (s5).\n- Sets the Commission’s objectives. Its primary objective is to protect the long-term interests of South Australian consumers in price, quality and reliability of essential services; at the same time it must consider competition, prevention of misuse of market power, market entry, economic efficiency, consumer benefit from competition, financial viability and investment incentives, and regulatory consistency with other jurisdictions (s6).\n- Establishes governance and limits: Commissioners are appointed by the Governor (with the Chairperson on a 5‑year term), appointment conditions are protected while in office, conflict-of-interest rules apply and the Commission is generally independent of Ministerial direction except as provided in the Act (ss12–14, 19, 7).\n\nHow the Commission regulates prices, codes and information (key mechanisms)\n\n- Price regulation: the Commission may make price determinations regulating prices, price‑related conditions and price‑setting factors in a regulated industry, but only when authorised by the relevant industry regulation Act or regulation under this Act (s25(1)–(2)).  Price determinations may fix prices, set maximums or averages, set pricing principles, reference indices, rates of return, and can monitor price levels (s25(3)).  When making determinations the Commission must consider industry‑specific costs, compliance costs, returns on assets, benchmarks, financial implications and any statutory factors, and must try to ensure regulation costs do not exceed benefits and clearly articulate trade‑offs with service standards (s25(4)–(5)).\n- Process and publication: draft determinations may be circulated before finalisation; final determinations must include reasons and a supporting information summary, be sent to Ministers and affected regulated entities, be publicly available and be notified in the Gazette, a state newspaper and on the internet; determinations commence on the Gazette notice date unless another date is specified and remain effective until revoked or expired (s26(1)–(7)).\n- Enforcement: it is an offence for a regulated entity to contravene a price determination (maximum penalty $1,000,000) (s27).  The Commission can issue warning notices and accept assurances in lieu of prosecution if specified rectification and assurances are given (ss40–41).  Courts can grant injunctions and order remedies including refunds, compensation and corrective publicity (s42).  The court may order payment to the Crown of any profit estimated to have been gained from an offence (s48).\n- Industry codes and rules: the Commission may make, vary or revoke codes and rules about industry conduct and must consult industry Ministers and representative bodies before doing so; codes are published in the Gazette and may incorporate external documents (s28).\n- Information powers and confidentiality: the Commission may require persons to provide information (within a reasonable time and manner) and may require audits and audit reports from certain NERL retailers (s29, s29(1a)).  Persons must comply with requirements (penalty up to $20,000 or 2 years imprisonment), except they cannot be compelled to give information that might incriminate them (s29(2)–(3)).  Information that could affect competitive position or is commercially sensitive is confidential; unauthorised disclosure by persons performing functions under the Act is an offence (penalties up to $20,000 or 2 years imprisonment) (s30).\n\nReview, appeal and inquiries\n\n- Internal review: Ministers or affected regulated entities may apply to the Commission for review of a price determination; the Commission may stay a determination while it reviews, must decide reviews within specified timeframes (10 weeks for price determinations) and must give written reasons for decisions (s31).\n- External review: dissatisfied applicants or participants in a Commission review may apply to the South Australian Civil and Administrative Tribunal (Tribunal) for review under the SACAT Act; the Tribunal may sit with assessors experienced in regulated industries (s32).\n- Limits on challenges: validity of a price determination cannot be challenged in proceedings other than by the review or appeal routes provided in the Act (s33).\n- Inquiries: the Commission may conduct inquiries on its own initiative (after consulting the Minister) or must conduct inquiries referred by Ministers; Ministers can set terms of reference, require reports, draft reports, or draft price determinations as part of a referral (ss34–35).  Inquiry reports must be delivered to the relevant Minister and made publicly available except for material the Commission identifies as confidential (s38).\n\nWho pays, who decides, and how behaviour changes\n\n- Who pays: regulated entities bear compliance costs (providing information, participating in consultations and inquiries, complying with price determinations and codes), risk penalties for breaches (including daily continuing penalties and potential disgorgement of profits) and may face court‑ordered remedies (ss27, 29, 47, 48, 42).  Fees or amounts received by the Commission are to be paid into the Consolidated Account unless the Treasurer directs otherwise (s22).  The Act allows regulations to set fees and penalties (s52).\n- Who decides: the Commission is the primary decision‑maker for price determinations, codes, information requirements and inquiries (ss4–5, 25, 28, 29, 34).  However, the Commission can only make price determinations when authorised by the relevant industry regulation Act (s25(2)).  Ministers can refer matters and set terms of reference for inquiries, and the Minister may approve or require modifications to the Commission’s performance plan and budget (ss23(4)–(5), 35).  The Tribunal provides an external judicial review route (s32).\n- Expected behaviour changes: regulated entities will adjust pricing, reporting, compliance systems and participation in consultation and review processes to meet price determinations, codes and information requests.  The availability of large statutory penalties and court remedies creates incentives to comply or seek rectification via warning notices and assurances (ss27, 40–42, 48).  The Commission’s power to set a variety of price controls (caps, averages, rates of return or index‑linked amounts) means firms may change contract terms, investment timing and operational choices in response to the specific price control mechanism adopted (s25(3)).\n\nCosts, incentives, trade‑offs and implementation risks (as stated or implied in the Act)\n\n- Trade‑offs: the Act explicitly requires the Commission to balance regulatory costs against benefits and to articulate trade‑offs between costs and service standards when making price determinations (s25(5)).  The Commission must also have regard to maintaining industry financial viability and the incentive for long‑term investment when protecting consumer interests (s6(b)(vi)).\n- Compliance burden: regulated entities face statutory requirements to provide information (s29), to participate in consultations and inquiries (ss10, 36), and to comply with codes and determinations (s28, s27).  Some information can be classified confidential and withheld from FOI (s30(6)), but confidentiality imposes obligations on Commission staff and others not to disclose (s30(1)–(5)).\n- Bureaucratic discretion and sources of influence: the Commission has broad discretionary powers to make price determinations, codes and rules (ss25, 28); it may delegate functions (s18) and publish guidance (s8).  Ministers can influence inquiries by referring matters and setting terms of reference or directions (s35).  Regulations may confer further discretion on the Minister or Commission (s52(3)(b)).  These mechanisms create channels for administrative decision‑making and stakeholder engagement but also mean outcomes depend on exercise of discretion and consultation processes.\n- Enforcement intensity and risk: penalties include large fixed fines, imprisonment for some information offences, daily continuing penalties, and court orders for disgorgement of profit (ss27, 29, 30, 47, 48).  The Commission can prosecute, issue warning notices and accept assurances (s5(i), ss40–41).  These enforcement options create deterrence but also require resourcing for monitoring, investigation and legal processes.\n\nExamples of cross‑legislative dependence and limits\n\n- The Commission’s authority to act in a given industry depends on that industry being declared a regulated industry in another Act (s3 interpretation of \"relevant industry regulation Act\" and s25(2)).  The Act requires consultation with prescribed agencies that have health, safety, environmental or social functions in regulated industries (s10).\n- Special powers for auditing certain retailers were added for NERL retailers under the Electricity Act 1996 or Gas Act 1997 (s29(1a)), showing the Act’s operation is tied to other energy laws.\n\nPurpose claims and testing\n\n- The Act states its primary objective is to protect long‑term consumer interests in price, quality and reliability (s6(a)).  The Act embeds mechanisms intended to achieve that—price determinations, monitoring, codes, inquiries and consumer consultation (s5).  \n- Testing that claim against trade‑offs: the law requires the Commission to consider competition, economic efficiency and financial viability when pursuing consumer protection (s6(b)). It also requires cost–benefit consideration when making determinations (s25(5)).  Those provisions signal the statute expects trade‑offs between lower prices/standards and incentives for investment; the Act leaves the resolution of those trade‑offs to the Commission’s exercise of discretion and to statutory consultation and review channels (ss5, 25, 31–32).\n\nImplementation and compliance risks to watch for\n\n- Coordination with other regulators (prescribed agencies) and with Ministers’ referrals can create timing or overlap risks (s10, s35).\n- Broad discretionary powers and delegated decision‑making (ss18, 25, 52(3)(b)) mean outcomes depend on administrative practice and the Commission’s Charter of Consultation and Regulatory Practice (s9).\n- Confidentiality rules limit public access to commercially sensitive information (s30(6)), which reduces transparency in some cases but is balanced by the requirement to publish determinations and inquiry reports (ss26, 38).\n\nBottom line (mechanical):\n\nThe Act creates an independent statutory regulator with powers to set and enforce price controls, make industry codes, require information and conduct inquiries for industries that are declared \"regulated\" by other Acts. It establishes governance, consultation and review processes (internal review and a route to the Tribunal), sets penalties for non‑compliance, and requires the Commission to balance consumer protection with competition, investment incentives and cost‑benefit considerations when regulating (ss4–6, 25, 29, 31–33)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2002 Act established the Essential Services Commission as a successor to the Independent Industry Regulator. Over time, the scope has expanded through amendments: (1) 2012 amendments added specific powers regarding National Energy Retail Law (NERL) retailers and audit requirements; (2) 2017 amendments significantly restructured the review and appeal mechanisms, replacing the previous expert panel system with the South Australian Civil and Administrative Tribunal (SACAT) and deleting Schedule 1 entirely; (3) Various amendments have added specific service categories and refined enforcement powers. The Act has evolved from a general industry regulator to a more sophisticated economic regulator with specific national energy market integration."},"complexity_factors":["Moderate length (53 sections plus schedules) with detailed procedural requirements for price determinations, inquiries, and reviews","Multiple cross-references to other Acts (Electricity Act 1996, Gas Act 1997, South Australian Civil and Administrative Tribunal Act 2013, etc.) creating interdependence","Nested conditional logic in review processes (internal review by Commission → external review by Tribunal → specific time limits and stay provisions)","Dual-layer regulation structure: this Act provides the framework, but specific industries are declared and regulated under separate 'relevant industry regulation Acts'","Complex enforcement mechanisms including warning notices, assurances, injunctions, profit-stripping orders, and continuing offences with daily penalties","Specific evidentiary presumptions and service rules that modify standard legal procedures","Transitional provisions preserving actions taken under the repealed Independent Industry Regulator Act 1999"],"plain_english_summary":"This Act creates the **Essential Services Commission (ESC)**, an independent South Australian government body that acts as a watchdog and regulator for essential services like electricity, gas, water, sewerage, rail, and maritime services.\n\n**What it does:**\n- **Sets up the Commission**: Establishes the ESC as a corporate body with its own legal identity, capable of hiring staff, entering contracts, and being sued.\n- **Regulates prices**: The ESC can set or cap prices that essential service providers charge consumers, ensuring they are fair and reasonable. Companies can be fined up to $1 million for ignoring these price determinations.\n- **Creates industry rules**: The ESC can write codes of conduct and operational rules that service providers must follow.\n- **Investigates and enforces**: The ESC can demand information from companies, conduct inquiries, issue warning notices, and seek court injunctions to stop illegal conduct. It can also prosecute offences.\n- **Protects consumers**: The ESC's main goal is protecting the long-term interests of South Australian consumers regarding price, quality, and reliability of essential services, while also ensuring companies remain financially viable.\n\n**Who it affects:**\n- **Essential service companies** (electricity, gas, water, rail, etc.) — they must comply with price controls and industry codes.\n- **Consumers** — they benefit from price protection and service standards.\n- **Government** — the Minister can refer matters for inquiry, but cannot direct the ESC's day-to-day decisions (ensuring independence).\n\n**Why it matters:**\nEssential services are natural monopolies (you can't choose between competing water pipes to your house). This Act prevents these companies from exploiting their monopoly power to overcharge customers or provide poor service, while ensuring they earn enough to maintain infrastructure. It replaced the previous \"Independent Industry Regulator\" in 2002 and has been updated several times, most notably in 2017 to shift appeals to the South Australian Civil and Administrative Tribunal (SACAT)."}},"importantCases":[],"_links":{"self":"/api/acts/essential-services-commission-act-2002","history":"/api/acts/essential-services-commission-act-2002/history","analysis":"/api/acts/essential-services-commission-act-2002/analysis","conflicts":"/api/acts/essential-services-commission-act-2002/conflicts","importantCases":"/api/acts/essential-services-commission-act-2002/important-cases","documents":"/api/acts/essential-services-commission-act-2002/documents"}}