{"id":"a-1997-77","name":"Independent Competition and Regulatory Commission Act 1997","slug":"independent-competition-and-regulatory-commission-act-1997","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"77 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23740,"registerId":"act-a-1997-77-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"55","sectionType":"section","heading":"Acts and omissions of representatives 82","content":"55 Acts and omissions of representatives 82\n","sortOrder":0},{"sectionNumber":"56","sectionType":"section","heading":"Service of documents 83","content":"56 Service of documents 83\n\nPage\ncontents 7\n57 Approved forms 83\n58 Regulation-making power 84\nSchedule 1 Competition principles agreement extracts 85\nSchedule 2 Commission appointments and working\narrangements 89\n2.1 Standing commissioners 89\n2.1AA Arrangements if more than 1 standing commissioner 89\n2.1A Associate commissioners 90\n2.1B Qualifications 90\n2.1C Terms of office 90\n2.1E Arrangement of business 91\n2.1F Exercise of powers 92\n2.1G Decision-making 92\n2.2 Disclosure of interests 92\n2.3 Remuneration and allowances 93\n2.4 Resignation 93\n2.5 Removal from office 93\n","sortOrder":1},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Industry panels constitution and procedure 95","content":"Schedule 3 Industry panels constitution and procedure 95\n3.1 Appointment of members of industry panels 95\n3.2 Qualifications 96\n3.4 Remuneration and allowances 96\n3.5 Presiding member 96\n3.6 Decision-making 97\n3.7 Disclosure of interests 97\n3.8 Resignation 98\n3.9 Removal from office 98\n\nPage\ncontents 8 Independent Competition and Regulatory Commission\n","sortOrder":2},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Arbitration guidelines––competition","content":"Schedule 4 Arbitration guidelines––competition\nprinciples agreement, cl 6 (4) (i), (j) and (l) 100\n4.1 Terms and conditions for access—competition principles agreement,\ncl 6 (4) (i) 100\n4.2 Extension of infrastructure—competition principles agreement,\ncl 6 (4) (j) 101\n4.3 Impeding of existing rights—competition principles agreement,\ncl 6 (4) (l) 101\n","sortOrder":3},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Civil penalty provisions 102","content":"Schedule 5 Civil penalty provisions 102\n5.1 Definitions—sch 5 102\n5.2 Meaning of tier 1 civil penalty, tier 2 civil penalty and tier 3 civil\npenalty—sch 5 102\n5.3 Civil penalty provisions 104\nDictionary 109\n1 About the endnotes 117\n2 Abbreviation key 117\n3 Legislation history 118\n4 Amendment history 123\n5 Earlier republications 138\n\nAn Act to establish an independent commission to regulate pricing, access and\nother matters in relation to industries involving the provision of water, electricity\nand sewerage services, and other industries, and to investigate competitive\nneutrality complaints and government-regulated activities\n\n","sortOrder":4},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Independent Competition and Regulatory Commission\nAct 1997.\n","sortOrder":5},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘industry reference—see\nsection 14A.’ means that the term ‘industry reference’ is defined in that\nsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":6},{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":7},{"sectionNumber":"2B","sectionType":"section","heading":"Joint ownership, control or operation","content":"2B Joint ownership, control or operation\nA reference in this Act to a person who owns, controls or operates\ninfrastructure facilities includes a reference to each of 2 or more\npeople who jointly own, control or operate infrastructure facilities.\n","sortOrder":8},{"sectionNumber":"3","sectionType":"section","heading":"Joint provision of services","content":"3 Joint provision of services\nA reference in this Act to a person who provides services includes a\nreference to each of 2 or more people who jointly provide services.\n\nPreliminary Part 1\n","sortOrder":9},{"sectionNumber":"3A","sectionType":"section","heading":"Who is a referring authority?","content":"3A Who is a referring authority?\n(1) For an industry reference, the referring authority is as follows:\n(a) for an industry engaged in the provision in the ACT of\nelectricity, water or sewerage services—the Minister;\n(b) for an industry engaged in the provision in the ACT of gas\nservices—the Minister;\n(c) for any other regulated industry—the Minister who has, under\nsection 4, declared that industry to be regulated;\n(d) for regulated industries in general—the Minister;\n(e) for another industry, or industries in general—the Minister;\n(f) for a reference provided for by another law of the Territory—\nthe person authorised under that law to refer a matter to the\n(2) For a regulatory reference, the referring authority may be any of the\n(a) the Minister responsible for the relevant government activity;\n(b) a member of the Legislative Assembly;\n(c) the commission;\n(d) any other person.\n(3) For a regulatory reference, a self-funding referring authority may be\neither of the following:\n(a) a member of the Legislative Assembly whose reference is not\nsponsored by the Territory (under section 19K (4));\n(b) any other person (other than a Minister or the commission).\n\n","sortOrder":10},{"sectionNumber":"4","sectionType":"section","heading":"Regulated industries—declarations","content":"4 Regulated industries—declarations\n(1) Any Minister may declare an industry to be a regulated industry for\nthis Act.\n(2) A Minister may make a declaration under subsection (1) if the\nMinister certifies that—\n(a) the industry infrastructure facilities are in whole or in part\nowned, controlled or operated by the Territory or a territory\nauthority; or\n(b) the industry involves the provision of services in the ACT in\nwhole or in part by or on behalf of the Territory or a territory\nauthority; or\n(c) the industry infrastructure facilities are wholly or substantially\nowned, controlled or operated by a single person; or\n(d) the industry involves the provision of services in the ACT\nwholly or substantially by or on behalf of a single person.\n(3) A declaration under subsection (1) is a disallowable instrument.\n","sortOrder":11},{"sectionNumber":"4A","sectionType":"section","heading":"National electricity rules—electricity distribution and","content":"4A National electricity rules—electricity distribution and\ntransmission pricing\n(1) On and after the day when ACT distribution service pricing becomes\nregulated under the national electricity rules, no reference may be\nmade under this Act for a price regulation investigation into that\n(2) However, a provision of a price direction for a matter related to ACT\ndistribution service pricing that is in force on the day when prices for\nthe service become regulated under the national electricity rules\ncontinues in force (subject to the direction) after that day until the\njurisdictional regulator makes a direction about that matter.\n(3) No reference may be made under this Act for a price regulation\ninvestigation into ACT transmission service pricing.\n\nPreliminary Part 1\n(4) In this section:\nACT distribution service means a distribution service within the\nmeaning given by the national electricity rules for distribution\nnetworks (within the meaning of the rules) situated in the ACT.\nACT transmission service means a transmission service within the\nmeaning given by the national electricity rules for transmission\nnetworks (within the meaning of the rules) situated in the ACT.\njurisdictional regulator means the commission in its capacity as\njurisdictional regulator under the national electricity rules.\nNote 1 The day when distribution service pricing will become regulated under\nthe national electricity rules is fixed at 31 December 2000 (by the ACT\nderogation under the rules), but may be changed under the derogation.\nNote 2 The day when transmission service pricing became regulated under the\nnational electricity rules was fixed at 1 July 1999 (by the ACT derogation\nunder the rules).\n","sortOrder":12},{"sectionNumber":"4B","sectionType":"section","heading":"ACT gas transmission service pricing","content":"4B ACT gas transmission service pricing\n(1) No reference may be made under this Act for a price regulation\ninvestigation into ACT gas transmission service pricing.\n(2) No reference may be made under this Act for a price regulation\ninvestigation into ACT gas distribution service pricing.\nACT gas distribution service means a distribution service provided\nby means of a natural gas distribution pipeline.\nACT gas transmission service means a transmission service provided\nby means of a natural gas transmission pipeline.\ndistribution pipeline—see the National Gas (ACT) Law, section 2.\ntransmission pipeline—see the National Gas (ACT) Law, section 2.\n\n","sortOrder":13},{"sectionNumber":"4C","sectionType":"section","heading":"Declared fees to be passed on to consumers","content":"4C Declared fees to be passed on to consumers\n(1) The Minister may declare that—\n(a) a statutory fee affects the cost of providing a utility service and\nmay be passed on in full to consumers of the service; or\n(b) a fee for a regulated service is to be passed on in full to\nconsumers of the service.\n(2) A declaration is a disallowable instrument.\nstatutory fee means a fee or charge determined under a disallowable\n\n","sortOrder":14},{"sectionNumber":"Part 2","sectionType":"part","heading":"Independent competition and","content":"Part 2 Independent competition and\nregulatory commission\n","sortOrder":15},{"sectionNumber":"5","sectionType":"section","heading":"Establishment","content":"5 Establishment\n(1) The Independent Competition and Regulatory Commission for the\nAustralian Capital Territory is established.\n(2) The commission—\n(a) is a body corporate with perpetual succession; and\n(b) must have a common seal; and\n(c) may acquire, hold and dispose of real and personal property; and\n(d) may sue and be sued in its corporate name.\n(3) The common seal of the commission must be kept in the custody that\nthe commission directs and must not be used except as authorised by\nthe commission.\n","sortOrder":16},{"sectionNumber":"6","sectionType":"section","heading":"Constitution","content":"6 Constitution\n(1) The commission is constituted by—\n(a) 1 or more standing commissioners; and\n(b) any associated commissioners appointed for particular purposes.\n(2) Schedule 2 has effect in relation to the following:\n(a) appointments of commissioners;\n(b) the arrangement of business of the commission;\n(c) decision-making and exercise of powers by the commission;\n(d) related matters.\n\n","sortOrder":17},{"sectionNumber":"7","sectionType":"section","heading":"Objectives","content":"7 Objectives\nThe commission has the following objectives in relation to regulated\nindustries, access regimes, competitive neutrality complaints and\ngovernment-regulated activity:\n(a) to promote effective competition in the interests of consumers;\n(b) to facilitate an appropriate balance between efficiency and\nenvironmental and social considerations;\n(c) to ensure non-discriminatory access to monopoly and near-\nmonopoly infrastructure.\n","sortOrder":18},{"sectionNumber":"8","sectionType":"section","heading":"Functions","content":"8 Functions\n(1) The commission has the following functions in relation to regulated\nindustries:\n(a) the provision of price directions;\n(b) the provision of recommendations about price regulation;\n(c) the provision of advice to the Minister about proposed access\nagreements;\n(d) the maintenance of a register of access agreements;\n(e) the arbitration of disputes about access to services under access\nregimes;\n(f) investigation and reporting on matters referred by the Minister\nand other referring authorities;\n(g) any other function given by or under any of the following:\n(i) the Utilities Act 2000;\n(ii) the National Electricity (ACT) Law;\n(iii) the National Electricity (ACT) Regulation;\n(iv) the national electricity rules;\n\n(v) the National Gas (ACT) Law;\n(vi) the National Gas (ACT) Regulation;\n(vii) the National Energy Retail Law (ACT) Act 2012;\n(viii) the National Energy Retail Law (ACT);\n(ix) the National Energy Retail Regulation (ACT);\n(x) the national energy retail rules;\n(xi) another law of the Territory.\n(2) The commission has the following additional functions:\n(a) investigating and reporting on competitive neutrality\ncomplaints;\n(b) investigating and reporting on government-regulated activities.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and\nfunction).\n","sortOrder":19},{"sectionNumber":"9","sectionType":"section","heading":"Commission’s annual report","content":"9 Commission’s annual report\nA report prepared by the commission under the Annual Reports\n(Government Agencies) Act 2004 for a financial year must include\ndetails of the following during the year:\n(a) investigations;\n(b) final reports and special reports;\n(c) price directions;\n(d) advice about proposed access agreements;\n(e) the number of access agreements notified;\n\n(f) arbitration disputes;\n(g) determinations of arbitration disputes;\n(h) the number of notices issued under section 41 (Provision of\ninformation to commission);\n(i) the general use made by the commission of information and\ndocuments obtained as a result of notices issued under\nsection 41;\n(j) any other functions exercised by the commission.\nNote Financial year has an extended meaning in the Annual Reports\n(Government Agencies) Act 2004.\n","sortOrder":20},{"sectionNumber":"10","sectionType":"section","heading":"Independence from Ministerial control","content":"10 Independence from Ministerial control\nExcept as provided by this or any other law of the Territory, the\ncommission is not subject to the direction or control of the Minister\nor any other referring authority.\n","sortOrder":21},{"sectionNumber":"10A","sectionType":"section","heading":"Chief executive officer","content":"10A Chief executive officer\n(1) The director-general must appoint a public servant as the Chief\nExecutive Officer of the commission.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\n(2) However, the director-general must not appoint the chief executive\nofficer unless the director-general has consulted the commission\nabout the proposed appointment.\n\n","sortOrder":22},{"sectionNumber":"10B","sectionType":"section","heading":"Chief executive officer’s functions","content":"10B Chief executive officer’s functions\n(1) The chief executive officer has the following functions:\n(a) ensuring, as far as practicable, that the commission’s statement\nof intent is implemented effectively and efficiently;\n(b) managing the day-to-day operations of the commission\nsecretariat in accordance with—\n(i) applicable governmental policies (if any) for the\ncommission; and\n(ii) the policies set by the commission (if any); and\n(iii) each legal requirement that applies to the commission;\n(c) regularly advising the commission about the commission’s\noperation and financial performance.\nExample for par (b) (iii)\na direction given to the commission under the Utilities Act 2000, section 19\n(2) In this section:\napplicable governmental policies—see the Financial Management\nAct 1996, section 103.\ncommission secretariat means—\n(a) the chief executive officer; and\n(b) the other staff of the commission.\nstatement of intent—see the Financial Management Act 1996,\nsection 61 (1).\n\n","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":"Commission’s staff","content":"11 Commission’s staff\n(1) The chief executive officer may employ staff for the commission on\nbehalf of the Territory.\n(2) The commission’s staff must be employed under the Public Sector\nManagement Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the chief\nexecutive officer in relation to the employment of staff (see Public Sector\nManagement Act 1994, s 152).\n","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Arrangements with other agencies, bodies and people","content":"12 Arrangements with other agencies, bodies and people\n(1) The commission may enter into arrangements with any government\nagency or with any other body or person (whether in the public or\nprivate sector)—\n(a) for the agency, body or person to assist the commission in\nrelation to investigations or the exercise of other functions of the\ncommission; or\n(b) for the commission to assist the agency, body or person by\nproviding services within the commission’s field of expertise\nand relevant to its functions.\n(2) The commission must not enter into an arrangement to assist an\nagency, body or person without the Minister’s written approval.\n(3) In entering into an arrangement to assist an agency, body or person,\nthe commission must ensure that the provision of the assistance does\nnot interfere with the ability of the commission to exercise its\n(4) The commission may engage consultants to assist it in exercising its\n(5) The commission may charge an agency, body or person for the\nprovision of assistance by the commission.\n\n","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Delegation of commission’s functions","content":"13 Delegation of commission’s functions\n(1) The commission may delegate its functions to any person or\ncommittee of people, subject to subsection (2).\nNote 1 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\nNote 2 For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) However, the commission must not delegate—\n(a) its function of making price directions, reports or providing\nadvice about proposed access agreements; and\n(b) if the commission is conducting an arbitration—its function of\nmaking a determination in relation to the arbitration.\n","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Protection from liability","content":"14 Protection from liability\n(1) A person is not personally liable for anything done, or omitted to be\ndone, honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act was in the exercise of a\nfunction under this Act.\n(2) Any liability that would, apart from this section, attach to a person\nattaches instead to the Territory.\n\n","sortOrder":27},{"sectionNumber":"14A","sectionType":"section","heading":"Application of div 3.1-–industry references","content":"14A Application of div 3.1-–industry references\nThis division applies to a reference to the commission (an industry\nreference) for an investigation into an industry, or industry in general.\n","sortOrder":28},{"sectionNumber":"15","sectionType":"section","heading":"Nature of industry references","content":"15 Nature of industry references\n(1) A referring authority may provide an industry reference to the\ncommission in relation to any of the following matters:\n(a) prices for regulated services;\n(b) competition within a regulated industry;\n(c) any other matter in relation to a regulated industry;\n(d) any matter in relation to regulated industries in general;\n(e) any other matter in relation to an industry, or industries in\ngeneral;\n(f) any matter provided for by another law of the Territory.\n(2) An industry reference may limit the scope of the investigation and\nreport to a particular aspect of the regulated industry, or to a particular\nperiod during which the industry has been operating, or in any other\nmatter.\n(3) An industry reference that authorises the commission to make a price\ndirection may state the period the price direction is to apply.\n(4) If an industry reference mentioned in subsection (3) does not state the\nperiod the price direction is to apply, the commission must determine\nthe period.\n\n(5) An industry reference that authorises the commission to make a price\ndirection about maximum prices for the sale of energy to small\ncustomers (however described) may state the NERL retailer to whom\nthe direction is to apply.\n(6) An industry reference may relate to a number of goods or services\nsupplied by the same or different suppliers.\n(7) An industry reference may be withdrawn or amended by the referring\nauthority at any time before the commission has delivered its report\nto the person.\n(8) If an industry reference is amended or withdrawn, the referring\nauthority must prepare a written notice setting out the reasons for the\namendment or withdrawal.\n(9) The referring authority must give a copy of the notice to the\n(10) The notice is a notifiable instrument.\n","sortOrder":29},{"sectionNumber":"15A","sectionType":"section","heading":"Industry references—current price directions","content":"15A Industry references—current price directions\nIf a price direction in relation to regulated services is in force, a\nreferring authority must provide an industry reference to the\ncommission for prices for the regulated services not later than\n12 months before the price direction ends.\n","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Terms of industry references","content":"16 Terms of industry references\n(1) The referring authority may determine terms of reference for an\ninvestigation on an industry reference.\n(2) The terms of reference may include 1 or more of the following:\n(a) a specification of a period within which a report is required to\nbe submitted to the referring authority;\n(b) a requirement that the commission consider specified matters;\n\n(c) except in relation to price regulation, the making of a price\ndirection and any related investigation and report—a\nrequirement that the commission exercise its functions subject\nto any subsequent written direction of the authority;\n(d) if the industry reference authorises the commission to make a\nprice direction—a specification, after consultation with the\ncommission, of when a draft report is to be made available for\npublic inspection under section 18 (4).\nNote A draft report into a price regulation investigation must also\ninclude a proposed price direction (or variation)—see s 18 (5).\n(3) A determination under subsection (1) is a disallowable instrument.\n(4) A referring authority must cause a direction mentioned in\nsubsection (2) (c) to be presented to the Legislative Assembly within\n6 sitting days after it is given.\n","sortOrder":31},{"sectionNumber":"17","sectionType":"section","heading":"Procedure for industry reference investigations","content":"17 Procedure for industry reference investigations\n(1) If the commission receives an industry reference, the commission\nmust conduct an investigation as authorised by the terms of the\nreference.\n(2) For the purpose of conducting an investigation, the commission\nmay—\n(a) request submissions from the public or any specified person or\nbody; or\n(b) conduct hearings.\n(3) Unless the commission otherwise orders, hearings must be open to\nthe public.\n\n(4) In a price regulation investigation, the commission—\n(a) must, within 1 month after receiving the industry reference, give\neach relevant person for the investigation written notice of—\n(i) the information it requires from the person in relation to the\ninvestigation; and\n(ii) the date, decided after consultation with the person, when\nthe person must give the commission the information; and\n(b) must invite public submissions and conduct public hearings; and\n(c) is not required to hear submissions from every person attending\na public hearing.\n(5) The commission may, by written notice, require a relevant person to\ngive the commission further stated information during the\ninvestigation, by the date decided after consultation with the person\nstated in the notice.\n(6) If a relevant person is required to give information to the commission\nunder this section, the person must give the commission the\ninformation by the date stated in the notice.\n(7) On an industry reference, the commission is not to question the\namount of a declared fee or the basis on which the fee is worked out.\n(8) Subject to this Act, the commission may conduct an investigation in\nany way the commission considers appropriate.\n(9) In this section:\nrelevant person, for a price regulation investigation, means a person\nwho is the subject of the investigation.\n\n","sortOrder":32},{"sectionNumber":"18","sectionType":"section","heading":"Draft reports––industry reference investigations","content":"18 Draft reports––industry reference investigations\n(1) Before giving the referring authority a final report into an\ninvestigation on an industry reference, the commission must prepare\na notice—\n(a) stating that copies of a draft report into the investigation are\navailable for public inspection and purchase during a stated\nperiod of not less than 20 business days at a stated place or\nplaces; and\n(b) inviting interested people to submit written comments about the\ndraft report to the commission at a stated address and within a\nstated period of not less than 20 business days.\n(2) The notice is a notifiable instrument.\n(3) The commission must give additional public notice of the notice.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (3) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(4) The commission must make copies of a draft report into an\ninvestigation available for public inspection and purchase during\noffice hours during the period, and at the places, specified in the\nnotice.\n(5) A draft report into a price regulation investigation must include all of\nthe following:\n(a) a proposed price direction (or variation);\n(b) a proposed statement of reasons for the direction (or variation)\nthat includes a statement of the extent to which the commission\nhad regard to the matters mentioned in section 20 (2);\n(c) any proposed report by a commissioner dissenting from\nproposed majority findings of the commission.\n\n(6) In preparing its final report of an investigation, the commission must\ntake into consideration any written comments submitted in\naccordance with the invitation in subsection (1) in relation to the draft\nreport of the investigation.\n","sortOrder":33},{"sectionNumber":"19","sectionType":"section","heading":"Costs for industry reference investigations","content":"19 Costs for industry reference investigations\n(1) The reasonable costs of an investigation on an industry reference into\na regulated industry, as assessed by the commission and notified to\nthe person who is (or the people who are) to pay the costs, are payable\nto the commission by—\n(a) if the industry is a regulated industry because of its infrastructure\nfacilities being owned, controlled or operated by the Territory or\na territory authority—the Territory or territory authority; or\n(b) if the industry is a regulated industry because of the provision of\nservices in the industry by or on behalf of the Territory or a\nterritory authority—the Territory or territory authority; or\n(c) if the industry is a regulated industry because of the ownership,\ncontrol or operation of its infrastructure facilities wholly or\nsubstantially by a single person—the person who owns, controls\nor operates the facilities; or\n(d) if the industry is engaged in the provision in the ACT of a utility\nservice—the utility or utilities responsible for the provision of\nthe service; or\n(e) if the industry is a regulated industry because of the provision of\nany other services wholly or substantially by or on behalf of a\nsingle person—the person who provides those services.\n(2) The costs of an investigation payable by a territory authority or a\nperson mentioned in subsection (1) (c) or (d) are a debt owing to the\nTerritory.\n\n(3) Costs payable under subsection (1) include any costs incurred by the\ncommission in obtaining the assistance of any other person, body\n(whether incorporated or unincorporated) or government agency.\n(4) If more than 1 utility is liable to pay costs under subsection (1) (d),\nthe commission must, by written notice to each utility, determine the\nproportion of those costs to be borne by each utility.\n","sortOrder":34},{"sectionNumber":"19A","sectionType":"section","heading":"Application of div 3.2––regulatory references","content":"19A Application of div 3.2––regulatory references\nThis division applies to a reference to the commission (a regulatory\nreference) for an investigation into a competitive neutrality\ncomplaint or a government-regulated activity.\n","sortOrder":35},{"sectionNumber":"19B","sectionType":"section","heading":"Acceptance of regulatory references—competitive","content":"19B Acceptance of regulatory references—competitive\nneutrality complaints\n(1) On a written submission by a referring authority (other than the\ncommission itself) setting out proposed terms of reference for an\ninvestigation into a competitive neutrality complaint, the commission\nmay accept the reference in those terms (or in other terms agreed\nbetween the commission and the referring authority).\n(2) The commission may accept the reference only if—\n(a) it considers that that there are legitimate grounds for the\ncomplaint; and\n(b) it considers that the proposed investigation would be in the\npublic interest, taking into account the competition policy\nconsiderations (as set out in schedule 1); and\n(c) if the reference is from a self-funding referring authority—the\nreferring authority has the capacity to bear the cost of the\n\n(3) If the commission accepts the reference, it must prepare a written\nnotice of acceptance that sets out the terms of reference for the\n(4) The commission must give a copy of the notice to the referring\nauthority.\n(5) The notice is a notifiable instrument.\n(6) The commission may also publish information about the reference in\nany other appropriate way.\n","sortOrder":36},{"sectionNumber":"19C","sectionType":"section","heading":"Acceptance of regulatory references—","content":"19C Acceptance of regulatory references—\ngovernment-regulated activities\n(1) On a written submission by a referring authority (other than the\ncommission itself) setting out proposed terms of reference for an\ninvestigation into a government-regulated activity, the commission\nmay accept the reference in those terms (or in other terms agreed\nbetween the commission and the referring authority).\n(2) The commission may accept the reference only if—\n(a) it considers that the proposed investigation would be in the\npublic interest, taking into account the competition policy\nconsiderations (as set out in schedule 1); and\n(b) if the reference is from a self-funding referring authority—the\nreferring authority has the capacity to bear the cost of the\n(3) If the commission accepts the reference, it must prepare a written\nnotice of acceptance that sets out the terms of reference for the\n(4) The commission must give a copy of the notice to the referring\nauthority.\n(5) The notice is a notifiable instrument.\n\n(6) The commission may also publish information about the reference in\nany other appropriate way.\n","sortOrder":37},{"sectionNumber":"19D","sectionType":"section","heading":"Regulatory references initiated by commission","content":"19D Regulatory references initiated by commission\n(1) The commission may initiate a regulatory reference by preparing a\nnotice that sets out the terms of reference for the investigation.\n(2) The notice is a notifiable instrument.\n(3) The commission may publish information about the reference in any\nappropriate way.\n(4) The commission may only initiate a regulatory reference if it\nconsiders that the proposed investigation would be in the public\ninterest, taking into account the competition policy considerations set\nout in schedule 1.\n","sortOrder":38},{"sectionNumber":"19E","sectionType":"section","heading":"Terms of regulatory references","content":"19E Terms of regulatory references\n(1) Terms of reference for a regulatory reference may include (but are not\nlimited to) the following:\n(a) a specification of a period within which a final report (and any\nspecial report into a specified matter) is required to be given;\n(b) a requirement that the commission consider specified matters;\n(c) if the referring authority is a Minister—a requirement that the\ncommission exercise its functions subject to any subsequent\nwritten direction of the Minister.\n(2) The Minister mentioned in subsection (1) (c) must present any\ndirection mentioned in that paragraph to the Legislative Assembly\nwithin 6 sitting days after it is given.\n\n","sortOrder":39},{"sectionNumber":"19F","sectionType":"section","heading":"Amendment of terms of regulatory reference","content":"19F Amendment of terms of regulatory reference\n(1) On application by the referring authority for a regulatory reference,\nthe commission must amend the terms of reference for the regulatory\nreference.\n(2) If the commission is the referring authority for a regulatory reference,\nit may amend the terms of reference for the regulatory reference.\n(3) The commission must—\n(a) if it makes an amendment under subsection (1)—give notice of\nthe amendment to the referring authority and, if the referring\nauthority is not a Minister, to the responsible Minister; or\n(b) if it makes an amendment under subsection (2)—give notice of\nthe amendment to the responsible Minister.\n(4) An amendment under subsection (1) or (2) is a disallowable\n(5) The commission may publish an amendment in any other appropriate\nway.\n(6) The commission may publish a special report into the investigation\n(based on the terms of reference applying immediately before the\namendment) after notice of an amendment of the terms of reference\nhas been given under subsection (3).\n","sortOrder":40},{"sectionNumber":"19G","sectionType":"section","heading":"Termination of investigations into regulatory references","content":"19G Termination of investigations into regulatory references\n(1) On application by the referring authority for regulatory reference, the\ncommission must terminate the investigation.\n(2) If the commission is the referring authority for regulatory reference,\nit may terminate the investigation.\n\n(3) The commission must—\n(a) if it makes a termination under subsection (1)—give notice of\nthe amendment to the authority and, if the referring authority is\nnot a Minister, to the responsible Minister; or\n(b) if it makes a termination under subsection (2)—give notice of\nthe amendment to the responsible Minister.\n(4) A termination under subsection (1) or (2) is a disallowable\n(5) The commission may publish a termination in any other appropriate\nway.\n(6) The commission may publish a special report into the investigation\nafter notice of the termination of the investigation has been given\nunder subsection (3).\n","sortOrder":41},{"sectionNumber":"19H","sectionType":"section","heading":"Procedure for regulatory reference investigations","content":"19H Procedure for regulatory reference investigations\n(1) The commission must conduct an investigation on a regulatory\nreference in accordance with the terms of reference.\n(2) For the purpose of conducting an investigation, the commission may\ndo either or both of the following:\n(a) request submissions from the public or any specified person or\nbody;\n(b) conduct hearings.\n(3) Hearings must be open to the public, unless the commission orders\notherwise.\n(4) Unless otherwise provided by this Act, the commission may conduct\nan investigation in any way the commission considers appropriate.\n\n","sortOrder":42},{"sectionNumber":"19J","sectionType":"section","heading":"Principles for regulatory reference investigations","content":"19J Principles for regulatory reference investigations\n(1) The commission must take into account the following matters in\nconducting a regulatory reference investigation:\n(a) for any regulatory reference investigation—the competition\npolicy considerations (set out in schedule 1);\n(b) for an investigation into a competitive neutrality complaint—the\ncompetitive neutrality principles (set out in schedule 1);\n(c) for an investigation into a government-regulated activity—the\nlegislation review principles (set out in schedule 1).\n(2) On a regulatory reference, the commission is not to question the\namount of a declared fee or the basis on which the fee is worked out.\n","sortOrder":43},{"sectionNumber":"19K","sectionType":"section","heading":"Costs for regulatory reference investigations","content":"19K Costs for regulatory reference investigations\n(1) A self-funding referring authority must pay the reasonable costs of an\ninvestigation on a regulatory reference by the authority, as assessed\nby the commission and notified to the authority.\n(2) The costs of an investigation on a reference by a self-funding\nreferring authority are a debt owing to the Territory.\n(3) The Territory must pay the reasonable costs of an investigation on a\nregulatory reference, as assessed by the commission and notified to\nthe referring authority, if the authority is—\n(a) a Minister; or\n(b) a member of the Legislative Assembly sponsored by the\nMinister under subsection (4).\n(4) On application by a member of the Legislative Assembly, the\nMinister may sponsor a reference by the member if the Minister\nconsiders that it is in the public interest to sponsor the reference.\n\n(5) The costs of an investigation include any costs incurred by the\ncommission in obtaining the assistance of any other person, body\n(whether incorporated or unincorporated) or government agency.\n\n","sortOrder":44},{"sectionNumber":"19L","sectionType":"section","heading":"Objective—pt 4","content":"19L Objective—pt 4\nThe objective of the commission, when making a price direction in a\nregulated industry, is to promote the efficient investment in, and\nefficient operation and use of regulated services for the long term\ninterests of consumers in relation to the price, quality, safety,\nreliability and security of the service.\n","sortOrder":45},{"sectionNumber":"20","sectionType":"section","heading":"Directions about prices","content":"20 Directions about prices\n(1) At the conclusion of an investigation on an industry reference\nauthorising the commission to make a price direction in a regulated\nindustry, the commission must decide on the level of prices for\nservices in relation to the period specified in the reference, or decided\nby the commission, and give a direction accordingly to each person\nproviding regulated services to whom the price direction applies.\n(2) In making a decision under subsection (1), the commission must have\nregard to—\n(a) the protection of consumers from abuses of monopoly power in\nterms of prices, pricing policies (including policies relating to\nthe level or structure of prices for services) and standard of\nregulated services; and\n(b) standards of quality, reliability and safety of the regulated\nservices; and\n(c) the need for greater efficiency in the provision of regulated\nservices to reduce costs to consumers and taxpayers; and\n(d) an appropriate rate of return on any investment in the regulated\nindustry; and\n(e) the cost of providing the regulated services; and\n\n(f) the principles of ecologically sustainable development\nmentioned in subsection (5);\n(g) the social impacts of the decision; and\n(h) considerations of demand management and least cost planning;\nand\n(i) the borrowing, capital and cash flow requirements of people\nproviding regulated services and the need to renew or increase\nrelevant assets in the regulated industry; and\n(j) the effect on general price inflation over the medium term; and\n(k) any arrangements that a person providing regulated services has\nentered into for the exercise of its functions by some other\nperson.\n(3) Also, in making a decision under subsection (1), the commission must\nallow a declared fee to be passed on in full to consumers of the\n(4) In a price direction, the commission must indicate to what extent it\nhas had regard to the matters referred to in subsection (2).\n(5) For subsection (2) (f), ecologically sustainable development requires\nthe effective integration of economic and environmental\nconsiderations in decision-making processes through the\nimplementation of the following principles:\n(a) the precautionary principle—that if there is a threat of serious or\nirreversible environmental damage, a lack of full scientific\ncertainty should not be used as a reason for postponing measures\nto prevent environmental degradation;\n(b) the inter-generational equity principle—that the present\ngeneration should ensure that the health, diversity and\nproductivity of the environment is maintained or enhanced for\nthe benefit of future generations;\n\n(c) conservation of biological diversity and ecological integrity;\n(d) improved valuation and pricing of environmental resources.\n","sortOrder":46},{"sectionNumber":"20A","sectionType":"section","heading":"Price regulation provisions","content":"20A Price regulation provisions\n(1) A price direction must include a direction about the pricing of\nregulated services in the form of either or both of the following:\n(a) a price, a maximum price or both a minimum and maximum\nprice for each regulated service;\n(b) a maximum total amount (revenue cap) that may be earned by a\nperson providing regulated services from the provision of those\nservices.\n(2) A price direction must be made in accordance with the current reset\nprinciples for the regulated industry (see section 20B).\n(3) A price direction may include any or all of the following:\n(a) a formula for calculating a price or amount mentioned in\nsubsection (1);\n(b) a method by which a price or amount mentioned in subsection\n(1) is to be ascertained;\n(c) a reference to an event or events (price variation triggers) the\nhappening of which would entitle the commission to initiate a\nreference for an investigation into a variation of the direction\n(under section 24F (Commission-initiated variation)).\nExample for par (c)—method\nby reference to price indices\n\n","sortOrder":47},{"sectionNumber":"20B","sectionType":"section","heading":"Reset principles","content":"20B Reset principles\n(1) Reset principles are principles governing the redetermination of\nprices or revenue caps in a regulated industry.\n(2) Current reset principles governing a price direction for a regulated\nindustry are the reset principles currently in force in the industry\n(because of a previous price direction).\n(3) Future reset principles are reset principles included in a price\ndirection that are to take effect after the end of the current reset\nprinciples.\n(4) In a price direction, the commission may not—\n(a) vary, omit or replace the current reset principles; or\n(b) include any future reset principles that will have the effect of\nvarying, omitting or replacing the current reset principles in their\napplication at a future date.\n(5) The commission may fix a period of effect for a price regulation\nprovision of a price direction for regulated services that ends before\nthe day when the current reset principles for the regulated services\nend.\n(6) If the current reset principles governing a price direction (the earlier\ndirection) will end on or before the date when any price regulation\nprovisions in the earlier direction (the earlier provision) will end, the\nearlier direction must include future reset principles governing any\nprice regulation provision (in the next price direction for the industry)\nthat will supersede the earlier provision.\n\n","sortOrder":48},{"sectionNumber":"20C","sectionType":"section","heading":"Effective dates","content":"20C Effective dates\n(1) Each provision of a price direction—\n(a) comes into effect—\n(i) on a day ascertained in accordance with the direction; or\n(ii) if a day is not ascertained in accordance with the\ndirection—14 days after the day the final report containing\nthe direction is presented to the Legislative Assembly; and\n(b) remains in effect until a day ascertained in accordance with the\n(2) Under subsection (1), the dates and periods of effect of different\nprovisions of a price direction may be different.\nNote The dates and periods of effect of the price regulation provisions of the\ndirection and any future reset principles in the direction will necessarily\nbe different (see s 20B (3)).\n","sortOrder":49},{"sectionNumber":"20D","sectionType":"section","heading":"Price direction to continue to remain in force","content":"20D Price direction to continue to remain in force\n(1) This section applies if—\n(a) a price direction in a regulated industry is in force; and\n(b) an industry reference has been provided to the commission to\nmake a further price direction in the regulated industry.\n(2) If a further price direction is not made before the price direction ends,\nthe price direction remains in force until the further price direction\ncomes into effect.\n\n","sortOrder":50},{"sectionNumber":"21","sectionType":"section","heading":"Final reports","content":"21 Final reports\n(1) On concluding an investigation, the commission must give the\nreferring authority a final report containing—\n(a) particulars of the results of its investigations; and\n(b) for an industry reference—particulars of any comments\nsubmitted in relation to the draft report of the investigation\npursuant to the invitation in section 18 (1), and of the\ncommission’s response to those comments; and\n(c) for a price direction or price variation investigation—\n(i) a copy of the price direction; and\n(ii) a statement of the reasons for the direction; and\n(iii) a statement of the methodology used in determining the\ndirection; and\n(iv) a statement to the effect that review of the decision by an\nindustry panel (except for a price variation by consent) is\navailable under part 4C (Review of price directions),\nsubject to procedures explained in the statement;\n(d) the commission’s findings on any other matter required by the\nreference; and\n(e) any report by a commissioner dissenting from majority findings\nof the commission; and\n(f) any other matter arising from the investigation that the\ncommission considers it desirable to include in the report.\n(2) If the referring authority is not a Minister, the commission must also\ngive a copy of the final report to the responsible Minister.\n\nReports of investigations Part 4A\n","sortOrder":51},{"sectionNumber":"22","sectionType":"section","heading":"Special reports","content":"22 Special reports\n(1) The commission may, at any stage of an investigation, give the\nreferring authority and (if the referring authority is not a Minister) the\nresponsible Minister a special report on any matter arising from the\n(2) A special report about a matter must include any report by a\ncommissioner dissenting from majority findings of the commission\nabout the matter.\n(3) If the referring authority is not a Minister, the commission must also\ngive a copy of the special report to the responsible Minister.\n","sortOrder":52},{"sectionNumber":"23","sectionType":"section","heading":"Confidential material in reports","content":"23 Confidential material in reports\n(1) If a final report or a special report includes protected confidential\ninformation, the commission must divide the report into 2 documents,\nas follows:\n(a) a document (the sealed section) containing the confidential\ninformation, or part of that information;\n(b) a document (the unsealed section) containing the rest of the\nreport.\n(2) If the commission divides a report, the commission must include in\nthe unsealed section—\n(a) a statement to the effect that there is a sealed section of the report\nincluding protected confidential information; and\n(b) a general description of the contents of the sealed section.\n\nprotected confidential information means confidential information\nthe commission does not have the power to disclose under section 46\nor under any law of the Territory other than this Act.\n","sortOrder":53},{"sectionNumber":"24","sectionType":"section","heading":"Presenting of reports to Legislative Assembly","content":"24 Presenting of reports to Legislative Assembly\n(1) The referring authority, or the responsible Minister (if the referring\nauthority is not a Minister), must cause a copy of a final report or a\nspecial report to be presented to the Legislative Assembly within 6\nsitting days after the report is given to the referring authority or\nresponsible Minister.\n(2) If a report is divided into a sealed section and an unsealed section,\nonly the unsealed section is required to be presented to the Legislative\nAssembly under subsection (1).\n","sortOrder":54},{"sectionNumber":"24A","sectionType":"section","heading":"Response by Minister to report on competitive neutrality","content":"24A Response by Minister to report on competitive neutrality\ncomplaint\n(1) This section applies if a final report on an investigation into a\ncompetitive neutrality complaint is presented to the Legislative\n(2) Within 3 months after the report is presented to the Legislative\nAssembly, the Minister who caused the report to be presented to the\nAssembly must present a written response to the Assembly.\n","sortOrder":55},{"sectionNumber":"24B","sectionType":"section","heading":"Correction of errors in reports","content":"24B Correction of errors in reports\n(1) At any time after a final report or a special report on an investigation\nis given to the referring authority, the commission may, by a\nsupplementary report, correct any error in the report arising from a\nclerical mistake or an accidental slip or omission.\n\nReports of investigations Part 4A\n(2) The commission must give a supplementary report to the referring\nauthority, and section 23 and section 24 apply to the supplementary\nreport as if it were a final or special report.\n(3) If the referring authority is not a Minister, the commission must also\ngive a copy of the supplementary report to the responsible Minister.\n(4) When a supplementary report is presented to the Legislative\nAssembly, the report has effect as corrected.\n\n","sortOrder":56},{"sectionNumber":"24C","sectionType":"section","heading":"Consent variations","content":"24C Consent variations\n(1) A referring authority for a regulated service, or a utility providing a\nregulated service, may apply in writing to the commission for consent\nto a variation of a price direction in force for the service.\n(2) The commission may consent to the variation applied for by giving\nthe applicant a written report (a consent report) to that effect.\n(3) The commission may consent to a variation only if satisfied on\nreasonable grounds that the variation is—\n(a) justified, having regard to the criteria listed at section 20 (2); and\n(b) in accordance with the current reset principles for the regulated\n(4) However, in deciding whether to consent to a variation, the\ncommission must allow a declared fee to be passed on in full to\nconsumers of the service.\n(5) The commission may not consent to a variation of a direction with the\neffect of—\n(a) varying, omitting or replacing the current reset principles for the\nregulated service, or any future reset principles included in the\ndirection; or\n(b) including any future reset principles into the price direction.\n(6) The following sections apply to a consent report as if it were the final\nreport into a price regulation investigation:\n\nVariation of price directions Part 4B\nNonconsent variations Division 4B.2\n(7) When presented to the Legislative Assembly under section 24, a\nconsent report has the effect of varying the provisions of the price\ndirection as indicated in the report with effect from—\n(a) a day (or days) ascertained in accordance with the report; or\n(b) if a day is not ascertained in accordance with the report—\n14 days after the day the report is presented to the Legislative\n","sortOrder":57},{"sectionNumber":"24D","sectionType":"section","heading":"Reference by referring authority","content":"24D Reference by referring authority\n(1) The referring authority for a regulated service may provide a\nreference for part 3 (Investigations) requiring the commission to\ninvestigate whether a price direction in force for the service should\nbe varied.\n(2) The commission may accept the reference from the referring\nauthority only if, in the opinion of the commission based on\nreasonable grounds, there has been a material change in the cost\nconditions for the provision of the regulated service.\n","sortOrder":58},{"sectionNumber":"24E","sectionType":"section","heading":"Reference by utility","content":"24E Reference by utility\n(1) A utility providing a regulated service may provide a reference for\npart 3 requiring the commission to investigate whether a price\ndirection in force for the service should be varied.\n(2) The commission may accept the reference from the utility only if, in\nthe opinion of the commission based on reasonable grounds—\n(a) there has been a material change in the cost conditions for the\nprovision of the regulated service; and\n\n(b) the change was brought about by external events beyond the\ncontrol of the utility.\n(3) The external events mentioned in subsection (2) (b) include the\n(a) a Ministerial direction under section 19 (Ministerial directions)\nof the Utilities Act 2000;\n(b) the approval or determination of an industry code under the\nUtilities Act 2000 or the approval of a technical code under the\nUtilities (Technical Regulation) Act 2014.\n(4) Terms of reference for the variation—\n(a) may be specified by the utility under section 16 (Terms of\nindustry references); and\n(b) are not a disallowable instrument.\n","sortOrder":59},{"sectionNumber":"24F","sectionType":"section","heading":"Commission-initiated variation","content":"24F Commission-initiated variation\n(1) The commission may initiate a reference for part 3 (Investigations)\nfor the investigation of whether a price direction in force for regulated\nservices should be varied.\n(2) The commission may only initiate a reference for the variation of a\nprice direction if a price variation trigger stated in the price direction\nhas happened.\n(3) Terms of reference for the variation—\n(a) may be specified by the commission under section 16 (Terms of\nindustry references); and\n(b) are not a disallowable instrument.\n\nVariation of price directions Part 4B\nNonconsent variations Division 4B.2\n","sortOrder":60},{"sectionNumber":"24G","sectionType":"section","heading":"Permissible nonconsent variations","content":"24G Permissible nonconsent variations\n(1) The commission may vary a price direction only if it is satisfied on\nreasonable grounds that the variation is—\n(a) justified by the material change in cost conditions, or price\nvariation trigger, that is the basis for the investigation, having\nregard to the criteria listed at section 20 (2); and\n(b) in accordance with the current reset principles for the regulated\n(2) The commission may not vary a price direction so as to—\n(a) vary, omit or replace the current reset principles for the\nregulated service; or\n(b) include any future reset principles into the price direction that\nwill have the effect of varying, omitting or replacing the current\nreset principles for the regulated service in their application at a\nfuture date.\n(3) Subject to subsections (1) and (2), the commission may vary a price\ndirection to vary, omit or replace any future reset principles in the\ndirection, or to include future reset principles into the direction.\n","sortOrder":61},{"sectionNumber":"24H","sectionType":"section","heading":"Procedure for nonconsent price variation investigation","content":"24H Procedure for nonconsent price variation investigation\n(1) The commission must conduct a price variation investigation in the\nsame way as a price direction investigation.\n(2) However, in deciding whether to vary a price direction under this\ndivision, the commission must allow a declared fee to be passed on\nin full to consumers of the service.\n\n","sortOrder":62},{"sectionNumber":"24I","sectionType":"section","heading":"Effect of nonconsent price variations","content":"24I Effect of nonconsent price variations\nWhen presented to the Legislative Assembly under section 24\n(Presenting of reports to Legislative Assembly), a report into a price\nvariation investigation has the effect of varying the provisions of the\nprice direction as indicated in the report (if at all) with effect from—\n(a) a day (or days) ascertained in accordance with the report; or\n(b) if a day is not ascertained in accordance with the report—\n14 days after the day the report is presented to the Legislative\n\n","sortOrder":63},{"sectionNumber":"24J","sectionType":"section","heading":"Definitions—pt 4C","content":"24J Definitions—pt 4C\neligible person, for a review of a price direction for regulated\nservices, means any of the following people:\n(a) the referring authority;\n(b) a utility providing any of those services;\n(c) anyone who made a submission to the commission in the course\nof the investigation into the price direction;\n(d) a group of people at least 1 of whom made a submission to the\ncommission in the course of the investigation into the price\nprice direction includes a variation of a price direction.\n","sortOrder":64},{"sectionNumber":"24K","sectionType":"section","heading":"Right of review","content":"24K Right of review\n(1) An eligible person may apply for review by an industry panel of a\nprice direction for regulated services.\n(2) An application must include—\n(a) the grounds for review, and the evidence relied on to support\neach ground; and\n(b) a statement setting out how, having regard to the commission’s\nobjective when making a price direction, a new price direction\nwould be, or would be likely to be, materially better than the\noriginal price direction.\n\n(3) An application for review must be lodged with the commission within\n3 months after the final report into the price direction investigation is\npresented to the Legislative Assembly under section 24 (Presenting\nof reports to Legislative Assembly).\n(4) After lodgment of an application for review, the commission must—\n(a) give all other eligible people a copy of the application, inviting\nthem to lodge written notice with the commission within 14 days\nif they intend to appear as a party; and\n(b) give public notice of the application.\nNote Public notice means notice on an ACT government website or in a\ndaily newspaper circulating in the ACT (see Legislation Act, dict,\npt 1).\n24KA Grounds for review\nAn application for review of a price direction may only be made on 1\nor more of the following grounds:\n(a) the commission made an error of fact in its findings of facts that\nwas material to the making of the price direction;\n(b) the commission made more than 1 error of fact in its findings of\nfacts and the errors, in combination, were material to the making\nof the price direction;\n(c) the exercise of the commission’s discretion in the making of the\nprice direction was incorrect having regard to all the\ncircumstances;\n(d) the price direction made by the commission was unreasonable\nhaving regard to all the circumstances.\n\n","sortOrder":65},{"sectionNumber":"24L","sectionType":"section","heading":"Who are the parties to a review?","content":"24L Who are the parties to a review?\n(1) The applicant and any eligible person who notifies the commission as\ninvited under section 24K (4) are the parties to the review.\n(2) A party to a review may be represented by another person.\n","sortOrder":66},{"sectionNumber":"24M","sectionType":"section","heading":"Industry panel","content":"24M Industry panel\n(1) An application for review must be heard by a panel (an industry\npanel) of 3 members.\n(2) Provisions for the constitution of the panel and for the terms of office\nof the panel and panel members are set out in schedule 3.\n24MA Application for review—preliminary assessment\n(1) An industry panel appointed to hear an application for review of a\nprice direction must make a preliminary assessment of the\napplication.\n(2) In making a preliminary assessment of the application, the industry\npanel must assess each ground for review.\n(3) After making a preliminary assessment of each ground for review, the\nindustry panel must decide to—\n(a) accept the ground for review; or\n(b) reject the ground for review.\n(4) The industry panel must accept a ground for review only if the panel\nis satisfied that the ground for review—\n(a) raises a serious issue to be decided; and\n(b) provides a strong case for review, supported by sufficient\nevidence on the face of the application to justify the review.\n(5) If the industry panel rejects all the grounds for review in an\napplication, the panel must dismiss the application.\n\n(6) The industry panel may review an application under section 24N only\nif—\n(a) the panel has accepted a ground, or grounds for review; and\n(b) the panel is satisfied, having regard to the accepted ground or\ngrounds for review, and to the commission’s objective when\nmaking a price direction, that a new price direction would be, or\nwould be likely to be, materially better than the original price\n(7) The industry panel must give a statement of reasons for a decision\nunder subsection (3) or subsection (6).\n","sortOrder":67},{"sectionNumber":"24N","sectionType":"section","heading":"Nature of review","content":"24N Nature of review\n(1) On application for review of a price direction (the original price\ndirection), an industry panel may—\n(a) substitute a new price direction for the original price direction;\nor\n(b) confirm the original price direction; or\n(c) set aside the original price direction and remit the matter back to\nthe commission to make a new price direction in accordance\nwith any direction of the industry panel.\n(2) An industry panel must make a decision on an application for\nreview—\n(a) on the merits of the case, having regard to the commission’s\nobjective when making a price direction; and\n(c) as required by section 20A, section 20B and section 20C for\nprice directions.\n\n(3) Despite subsection (2), the panel may not consider any matter on an\napplication for review that was not raised on behalf of the applicant\nin submissions to the commission for the purposes of the\ninvestigation of the price direction that is the subject of the review.\n(4) An industry panel review is not a legal proceeding for the Criminal\nCode, chapter 7 (Administration of justice offences).\n","sortOrder":68},{"sectionNumber":"24O","sectionType":"section","heading":"Procedure for review","content":"24O Procedure for review\n(1) In considering an application for review, an industry panel has the\nsame powers as the commission in conducting a price regulation\n(2) Without limiting subsection (1), the following provisions apply to the\npanel on the hearing of the application for review as if it were the\ncommission conducting a price regulation investigation:\n• section 17 (Procedure for industry reference investigations)\n• section 18 (Draft reports—industry reference investigations)\n• section 24X (Information to be given to commission following\nprice direction review)\n• part 7 (Information)\n• part 8 (Cooperation with the commission).\n24OA Application for review—commission’s response\n(1) This section applies if an industry panel decides to hear an application\nfor review of a price direction.\n(2) The industry panel must tell the commission—\n(a) it may make a submission to the panel on any issue raised in the\napplication for review; and\n(b) the date, decided after consultation with the commission, by\nwhich the commission must make a submission under\nparagraph (a).\n\n","sortOrder":69},{"sectionNumber":"24P","sectionType":"section","heading":"Referral of matters to commission","content":"24P Referral of matters to commission\n(1) An industry panel may, in writing, refer any matter raised in the\ncourse of a review to the commission for an advisory opinion.\n(2) The commission must consider any matter raised on a reference from\nthe panel, and give the panel a report setting out its findings.\n(3) The panel must take into account the commission’s findings on the\nreference in making a decision on the review.\n","sortOrder":70},{"sectionNumber":"24Q","sectionType":"section","heading":"Witnesses and evidence","content":"24Q Witnesses and evidence\n(1) At the request of any party, an industry panel may exercise its powers\nunder section 41 (Provision of information to commission) and\nsection 49 (Attendance at hearing) (as applied by section 24O\n(Procedure for review)) to require the provision of information or a\ndocument, or to require a person to attend before the panel, for the\npurpose of hearing the application for review.\n(2) The party must pay all the expenses of any person in complying with\na requirement on a request under subsection (1).\n","sortOrder":71},{"sectionNumber":"24R","sectionType":"section","heading":"Frivolous or vexatious applications","content":"24R Frivolous or vexatious applications\nIf an industry panel considers that an application for review is\nfrivolous or vexatious, it may, at any stage during the hearing—\n(a) by a written direction, dismiss the application; and\n(b) at the request of any party, make a written declaration\npreventing any subsequent application for the review of any\nprice direction by the applicant from being heard without leave\nof an industry panel established for the purpose of the later\napplication.\n\n","sortOrder":72},{"sectionNumber":"24S","sectionType":"section","heading":"Implementation of price direction under review","content":"24S Implementation of price direction under review\n(1) A price direction has effect despite any application for its review,\nunless the industry panel, on an application by a party, declares in\nwriting that the implementation of the price direction is suspended or\naltered until—\n(a) if the panel substitutes a new direction for the price direction\nunder review—the day (or days) the substituted direction comes\ninto effect; or\n(b) if the panel confirms the price direction under review—the day\nthe report of the review is presented to the Legislative Assembly\n(under section 24U (Functions of commission)); or\n(c) if the panel sets aside the price direction under review and remits\nthe matter back to the commission to make a new price\ndirection—the day the new price direction comes into effect.\n(2) The declaration of suspension or alteration is taken to be a variation\nof the price direction while the direction remains in force.\n(3) The following sections apply to the declaration of suspension or\nalteration as if it were the final report of a price regulation\ninvestigation:\n\n","sortOrder":73},{"sectionNumber":"24T","sectionType":"section","heading":"Effect of decision","content":"24T Effect of decision\n(1) If, as a result of a review, an industry panel substitutes a new price\ndirection for the original—\n(a) each provision of the substituted direction comes into effect\non—\n(i) a day ascertained in accordance with the direction; or\n(ii) if a day is not ascertained in accordance with the\ndirection—14 days after the day the final report containing\nthe direction is presented to the Legislative Assembly; and\n(b) each provision of the substituted direction remains in effect until\na day ascertained in accordance with the direction; and\n(c) the date and period of effect of different provisions of the\nsubstituted direction may be different; and\n(d) this Act applies as if the substituted price direction were a price\ndirection made by the commission (subject to subsection (2))—\nExample\nThe substituted price direction may be varied under part 4B (Variation of price\ndirections).\n(2) A substituted direction may not be reviewed under this part.\n","sortOrder":74},{"sectionNumber":"24U","sectionType":"section","heading":"Functions of commission","content":"24U Functions of commission\n(1) The commission must give an industry panel any assistance the panel\nrequires, including the provision of all the information available to\nthe commission in the original investigation.\n(2) The following sections apply (with necessary changes) to the report\nof an industry panel’s decision on an application for review as if it\nwere a report by the commission into a price regulation investigation:\n\n(3) The commission must take any action necessary to implement a\ndecision of an industry panel.\n","sortOrder":75},{"sectionNumber":"24V","sectionType":"section","heading":"Costs","content":"24V Costs\n(1) The reasonable costs of the review of a price direction, as assessed by\nthe industry panel and notified to the applicant, are payable as\nfollows:\n(a) the costs of each party are payable by the party;\n(b) the costs of the industry panel are payable by the applicants for\nthe review and the utilities to which the review relates in\nproportions determined by the industry panel.\n(2) The costs of the industry panel include any costs incurred by the panel\nin obtaining the assistance of the commission or any other person,\nbody (whether incorporated or unincorporated) or government\nagency.\n","sortOrder":76},{"sectionNumber":"24W","sectionType":"section","heading":"Protection from liability of panel members, parties and","content":"24W Protection from liability of panel members, parties and\nrepresentatives\n(1) A person who is or has been a member of an industry panel is not\npersonally liable for anything done, or omitted to be done, honestly\nand without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act was in the exercise of a\nfunction under this Act.\n(2) Any liability that would, apart from this section, attach to a person\nwho is or has been a member of an industry panel attaches instead to\nthe Territory.\n\n(3) A person who is or has been a party to an application or a\nrepresentative of a party is not personally liable for anything done, or\nomitted to be done, honestly and without recklessness, as a party to\nan application or a representative of a party.\n","sortOrder":77},{"sectionNumber":"24X","sectionType":"section","heading":"Information to be given to commission following price","content":"24X Information to be given to commission following price\ndirection review\n(1) This section applies if an industry panel has–\n(a) finished a price direction review; and\n(b) made a substituted price direction.\n(2) The industry panel must give the commission any information the\npanel considers relevant, after consultation with the commission, to\nthe commission implementing the substituted price direction.\n\nAccess agreements Part 5\n","sortOrder":78},{"sectionNumber":"25","sectionType":"section","heading":"Notice of access agreements","content":"25 Notice of access agreements\n(1) A person that proposes to enter into an access agreement in relation\nto infrastructure facilities wholly or substantially owned, controlled\nor operated by the person, must notify the commission of the proposal\nat least 30 days before entering into the agreement.\n(2) A person that notifies the commission under subsection (1) must, at\nthe request of the commission, give the commission a copy of the\nproposed access agreement and any requested details of the proposal.\n(3) The commission may give advice about the proposal to—\n(a) the person that notified the proposal; and\n(b) the Minister.\n","sortOrder":79},{"sectionNumber":"26","sectionType":"section","heading":"Registration of access agreements","content":"26 Registration of access agreements\n(1) A person that enters an access agreement in relation to infrastructure\nfacilities wholly or substantially owned, controlled or operated by the\nperson must notify the commission of that fact.\n(2) A person that notifies the commission under subsection (1) must, at\nthe request of the commission, give the commission a copy of the\naccess agreement and any requested details of the agreement.\n(3) The commission must register the access agreement under section 29,\nincluding in the record of registration the following details:\n(a) the names of the parties to the agreement;\n(b) the regulated industry, and the particular services, to which it\nrelates;\n(c) the date it was made;\n(d) any other details prescribed by regulation.\n\n","sortOrder":80},{"sectionNumber":"27","sectionType":"section","heading":"Investigations into access agreements","content":"27 Investigations into access agreements\nThis part does not prevent the commission from conducting an\ninvestigation under part 3 into an access agreement or proposed\naccess agreement.\n","sortOrder":81},{"sectionNumber":"28","sectionType":"section","heading":"Failure to notify proposals and agreements","content":"28 Failure to notify proposals and agreements\n(1) If a person fails to notify the commission under section 25 of a\nproposal for an access agreement, or under section 26 of entering into\nan access agreement, the commission may request the person to\nprovide the commission with written reasons for that failure.\n(2) The commission must give a report to the Minister about a failure to\nnotify a proposal for an access agreement or the entering into of an\naccess agreement, and include in the report any reasons provided\nunder subsection (1).\n(3) A failure to comply with section 25 or section 26, or a failure by the\ncommission to give advice under section 25, does not affect the\nvalidity of the agreement.\n","sortOrder":82},{"sectionNumber":"29","sectionType":"section","heading":"Register of agreements","content":"29 Register of agreements\n(1) The commission must maintain a register of agreements for this part.\n(2) The commission must make the register available for inspection by\nany person during the office hours of the commission or the other\nhours that are prescribed by regulation.\n\n","sortOrder":83},{"sectionNumber":"Part 6","sectionType":"part","heading":"Arbitration of access regime","content":"Part 6 Arbitration of access regime\ndisputes\n","sortOrder":84},{"sectionNumber":"30","sectionType":"section","heading":"Definitions—pt 6","content":"30 Definitions—pt 6\naccess provider, in relation to an access regime for the provision of\nservices, means the person that wholly or substantially owns, controls\nor operates the infrastructure facilities by means of which the services\nare provided.\nthird party, in relation to an access regime for the provision of\nservices, means a person who wants access to the services, or wants\na change to some aspect of access to the services, and who is in\ndispute with the access provider, being a dispute to which section 32\napplies.\n","sortOrder":85},{"sectionNumber":"31","sectionType":"section","heading":"Application—pt 6","content":"31 Application—pt 6\nThis part does not apply to the arbitration of a dispute in relation to\nan access regime if another law of the Territory (other than the\nCommercial Arbitration Act 2017) applies to the arbitration.\n","sortOrder":86},{"sectionNumber":"32","sectionType":"section","heading":"Access disputes","content":"32 Access disputes\n(1) If a dispute exists in relation to an access regime that provides for the\napplication of this part, a party to the dispute may refer the dispute to\narbitration under this part.\n(2) A dispute is to be taken to exist in relation to such an access regime\nif—\n(a) the third party and the access provider are unable to agree about\nany aspect of access to the services provided under that regime;\nor\n\n(b) the third party and the access provider are unable to agree about\na variation of an existing determination.\n(3) The parties to a dispute are the third party and the access provider.\n","sortOrder":87},{"sectionNumber":"33","sectionType":"section","heading":"Arbitrator—appointment and functions","content":"33 Arbitrator—appointment and functions\n(1) The commission, or a person appointed under subsection (2), may act\nas arbitrator to hear and determine a dispute referred to arbitration\nunder this part.\n(2) The commission may appoint 1 or more people to act as arbitrators to\nhear and determine disputes referred to arbitration under this part.\n(3) If a dispute concerns the application of a price direction to an access\nregime, the senior commissioner must ensure—\n(a) that no commissioner who took part in the price direction\ninvestigation takes any part in arbitrating the dispute; and\n(b) that no agency, body or person who assisted in the price\ndirection investigation under an arrangement mentioned in\nsection 12 assists the commission in arbitrating the dispute.\n(4) For a dispute involving a third party wanting, but not having, access\nto a service, the arbitrator must give public notice of the dispute\ninviting public submissions to the arbitrator about the dispute, and\nspecifying when and how submissions may be made.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(5) In the arbitration of a dispute referred under this part, or in the\nvariation of an existing determination, the arbitrator must consider the\nfollowing matters:\n(a) the matters set out in the competition principles agreement,\nclause 6 (4) (i), (j) and (l), in the form in which those matters are\nset out in schedule 4;\n\n(b) any guidelines for the access regime determined following an\ninvestigation;\n(c) if subsection (4) applies—any public submissions made about\nthe dispute;\n(d) the value to the access provider of any extensions to the\ninfrastructure facilities the cost of which is borne by someone\nelse;\n(e) any other matters the arbitrator considers relevant.\n(6) Part 7 and part 8 apply in relation to an arbitration as if references in\nthose parts to the commission were references to the arbitrator.\n(7) However, an arbitration is not a legal proceeding for the Criminal\nCode, chapter 7 (Administration of justice offences).\n(8) If the competition principles, clause 6 (4) (i), (j) or (l) is varied, a\nregulation may amend schedule 4 accordingly with effect\n(retrospective if necessary) from the date of effect of the variation.\n","sortOrder":88},{"sectionNumber":"34","sectionType":"section","heading":"Draft determinations","content":"34 Draft determinations\nBefore making a determination in relation to a dispute, an arbitrator\nmust issue a draft determination to each party.\n","sortOrder":89},{"sectionNumber":"35","sectionType":"section","heading":"Arbitration determinations","content":"35 Arbitration determinations\n(1) An arbitrator must decide a dispute by making a written\ndetermination on access to the services by the third party.\n(2) A determination may deal with any matter relating to access by the\nthird party to the services, including matters that were not the basis\nfor the notification of the dispute, and matters like the following:\n(a) a requirement of the access provider to give access to specified\nservices to the third party;\n\n(b) a requirement that the third party accept, and pay for, access to\nthe services;\n(c) a determination of the terms and conditions of access to the\nservices;\n(d) a requirement that the access provider extend the infrastructure\nfacility;\n(e) a determination of the extent to which the determination is to\noverride any earlier determination relating to access to the\nservices by the third party.\n(3) A determination must not require the access provider to bear any of\nthe costs of extending infrastructure facilities or of maintaining those\nextensions.\n(4) A determination does not have to require the access provider to\nprovide access to the services by the third party.\n(5) A determination may vary the effect of a price determination as it\naffects the parties to the dispute.\n","sortOrder":90},{"sectionNumber":"36","sectionType":"section","heading":"Effect of determinations","content":"36 Effect of determinations\n(1) The parties to an arbitration must give effect to a determination in\nrelation to the arbitration.\n(2) If a determination is in favour of a third party’s access to services, the\naccess provider must not engage in conduct for the purpose of\npreventing or hindering the third party’s access to the services under\nthe determination.\n","sortOrder":91},{"sectionNumber":"37","sectionType":"section","heading":"Termination of arbitration by parties","content":"37 Termination of arbitration by parties\nAn arbitration may be terminated by the party that referred the dispute\nto arbitration at any time before the arbitrator makes a determination.\n\n","sortOrder":92},{"sectionNumber":"38","sectionType":"section","heading":"Termination of arbitration by arbitrator","content":"38 Termination of arbitration by arbitrator\nAn arbitrator may, without making a determination, terminate the\narbitration at any time if the arbitrator considers that any of the\nfollowing grounds exists:\n(a) the notification of the dispute was vexatious;\n(b) the subject matter of the dispute was trivial, misconceived or\nlacking in substance;\n(c) the party who notified the dispute has not engaged in\nnegotiations honestly;\n(d) access to the services should continue to be governed by an\nexisting contract between the access provider and the third\nparty;\n(e) if the dispute is about varying an existing determination—there\nis no sufficient reason why the previous determination should\nnot continue to have effect in its present form.\n","sortOrder":93},{"sectionNumber":"39","sectionType":"section","heading":"Variation of determinations","content":"39 Variation of determinations\n(1) An arbitrator may vary a determination on the application of any\nparty.\n(2) An arbitrator must not vary a determination if the other party objects,\nbut may deal with the matter by way of a dispute on referral by either\nparty.\n","sortOrder":94},{"sectionNumber":"40","sectionType":"section","heading":"Arbitration procedure—Commercial Arbitration Act","content":"40 Arbitration procedure—Commercial Arbitration Act\n(1) The Commercial Arbitration Act 2017 applies in relation to an\narbitration, subject to this part.\n(2) Despite the Commercial Arbitration Act 2017, section 24A, a party to\na dispute may be represented by a lawyer in a proceeding before the\narbitrator only by leave given by the arbitrator.\n\n(3) An arbitrator must only give leave under subsection (2) if, in the\narbitrator’s opinion—\n(a) legal representation of the party is likely to shorten the\narbitration or to reduce its costs; or\n(b) the party would be unfairly disadvantaged otherwise.\n(4) An arbitration is to be heard in private, unless the arbitrator otherwise\ndirects.\n(5) An arbitrator may direct that the costs of an arbitration are to be paid\n(in whole or in part) by the commission or the Territory.\n(6) For the Commercial Arbitration Act 2017, section 33B (1), without\nlimiting the fees and expenses of the arbitrator mentioned in that\nsubsection, the arbitrator’s fees and expenses include all costs\nincurred by the arbitrator and by the commission in relation to the\narbitration, including the following:\n(a) administrative costs;\n(b) costs incurred in engaging consultants and expert witnesses;\n(c) witnesses’ expenses.\n\n","sortOrder":95},{"sectionNumber":"41","sectionType":"section","heading":"Provision of information to commission","content":"41 Provision of information to commission\n(1) If the commission has reason to believe that a person has information\nor a document that may assist it in exercising its functions, it may, by\nwritten notice, require the person to give it the information or a copy\nof the document.\n(2) A requirement must—\n(a) identify the information or document; and\n(b) specify the period within which the requirement is to be\ncomplied with; and\n(c) specify the form in which the information or the copy of the\ndocument is to be given to the commission; and\n(d) state that it is made under this section; and\n(e) be accompanied by a copy of this part.\n(3) The commission may also require a NERL retailer required to comply\nwith the Utilities Act 2000—\n(a) to conduct an audit, in a way approved by the commission, of\nthe NERL retailer’s compliance with that Act; and\n(b) to report the results of the audit to the commission.\nNote A reference to an Act includes a reference to a provision of an Act (see\nLegislation Act, s 7 (3)).\n(4) A person must not, without reasonable excuse, fail to comply with a\nrequirement under this section.\nMaximum penalty (subsection (4)): 100 penalty units, imprisonment\nfor 1 year or both.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\n","sortOrder":96},{"sectionNumber":"42","sectionType":"section","heading":"Restrictions on publication","content":"42 Restrictions on publication\n(1) The commission may, if satisfied that for any reason it is desirable to\ndo so, give directions prohibiting or restricting the disclosure of—\n(a) evidence given before a hearing; or\n(b) matters contained in documents or information given to the\n(2) A person must not contravene a notice under subsection (1).\n","sortOrder":97},{"sectionNumber":"43","sectionType":"section","heading":"Inspection of documents","content":"43 Inspection of documents\n(1) This section applies if a person requests permission to inspect a\ndocument given to the commission in the course of the exercise of its\n(2) If the document does not contain confidential information, the\ncommission must make it available to the person for inspection.\n(3) If the document contains confidential information—\n(a) the commission may make the document available to the person\nfor inspection in a form that does not disclose the confidential\ninformation; or\n(b) the commission may make the document available to the person\nfor inspection in a form that discloses so much of that\ninformation as the commission has the power to disclose under\nsection 46.\n\n","sortOrder":98},{"sectionNumber":"44","sectionType":"section","heading":"Confidential information—disclosure by commissioners","content":"44 Confidential information—disclosure by commissioners\nand staff\n(1) A person must not disclose any confidential information obtained in\ncarrying out the person’s functions in relation to this Act, except in\naccordance with subsection (3).\n(2) A person must not use any confidential information obtained in\ncarrying out the person’s functions in relation to this Act to obtain,\ndirectly or indirectly, a pecuniary or other advantage for themself or\nany other person, except in accordance with subsection (3).\n(3) A person may disclose or use confidential information if—\n(a) the disclosure or use is made in the exercise of a function in\nrelation to this Act or any other law of the Territory permitting\nthe disclosure or use; or\n(b) the disclosure or use is made with the consent of the person who\nsupplied the information; or\n(c) the disclosure or use is made in a legal proceeding at the\ndirection of a court; or\n(d) the information is in the public domain at the time that it is\ndisclosed.\n(4) To remove any doubt, subsection (3) does not override any rights\nanother person may have with regard to the disclosure or use of the\ninformation.\n\n","sortOrder":99},{"sectionNumber":"45","sectionType":"section","heading":"Confidential information—notice of proposed disclosure","content":"45 Confidential information—notice of proposed disclosure\n(1) If the commission proposes to disclose confidential information\nunder section 46, it must first give any affected person written notice\ninviting the person to show cause within 28 days after the date the\nnotice is given why the confidential information should not be\ndisclosed.\n(2) A notice under subsection (1) must contain—\n(a) particulars of the proposed disclosure, including details of the\nperson or people to whom the confidential information is to be\ndisclosed; and\n(b) particulars of the facts and circumstances relied on by the\ncommission to justify the disclosure; and\n(c) a copy of the disclosure guidelines under section 46; and\n(d) a statement to the effect that the affected person may, within 28\ndays after the day the notice is given, give the commission\nparticulars of the facts and circumstances relied on to show\ncause why the proposed disclosure ought not to be carried out.\naffected person means—\n(a) the supplier of the confidential information to the commission;\nor\n(b) anyone who provided the confidential information to the\nsupplier, if the commission is aware of the identity and address\nof that person.\n\n","sortOrder":100},{"sectionNumber":"46","sectionType":"section","heading":"Confidential information—general disclosure","content":"46 Confidential information—general disclosure\n(1) Subject to section 47, the commission must only disclose confidential\ninformation if—\n(a) it considers that, taking into account the disclosure guidelines\nunder subsection (4)—\n(i) the disclosure would not cause detriment to any person; or\n(ii) although the disclosure would cause detriment to a person,\nthe public benefit in disclosure outweighs the detriment;\nand\n(b) it gives a notice to show cause in relation to the information or\ndocument under section 45; and\n(c) 28 days have elapsed since the notice was given.\n(2) In making a decision under subsection (1), the commission must take\ninto account any representation made in accordance with the\ninvitation in the notice under section 45.\n(3) For this section, the disclosure of anything that is in the public domain\nat the time the commission proposes to disclose it is not taken to cause\ndetriment to any person mentioned in subsection (1) (a).\n(4) The commission may determine disclosure guidelines for\nsubsection (1) (a).\n(5) The commission must give a copy of a determination of disclosure\nguidelines to the Minister.\n(6) A determination of disclosure guidelines is a disallowable instrument.\n\n","sortOrder":101},{"sectionNumber":"47","sectionType":"section","heading":"Confidential information—disclosure within the","content":"47 Confidential information—disclosure within the\ncommission\n(1) The commission may disclose confidential information to any of the\nfollowing people for the purposes of the investigation in relation to\nwhich the information was obtained:\n(a) a delegate of the commission, or a member of a committee that\nis a delegate of the commission;\n(b) a member of staff of the commission;\n(c) a person, body or consultant with which or whom the\ncommission has entered into an arrangement as mentioned in\nsection 12.\n(2) A person to whom confidential information is disclosed under\nsubsection (1) or under this section may disclose the information to\nanother person mentioned in subsection (1) for the purposes of the\ninvestigation in relation to which the information was obtained by the\n(3) The commission and any person to whom confidential information is\ndisclosed under this section may use the information for the purposes\nof the investigation in relation to which the information was obtained.\n","sortOrder":102},{"sectionNumber":"48","sectionType":"section","heading":"Cabinet and Executive documents","content":"48 Cabinet and Executive documents\nThis Act does not entitle the commission—\n(a) to require a person to give any statement of information or\nanswer any question that relates to Cabinet proceedings or\nconfidential proceedings of the Executive; or\n(b) to require any person to produce an official record of Cabinet\noffice or of the Executive; or\n(c) to inspect an official record of Cabinet or the Executive.\n\nCooperation with commission Part 8\n","sortOrder":103},{"sectionNumber":"Part 8","sectionType":"part","heading":"Cooperation with commission","content":"Part 8 Cooperation with commission\n","sortOrder":104},{"sectionNumber":"49","sectionType":"section","heading":"Requirement to attend hearing and answer questions","content":"49 Requirement to attend hearing and answer questions\nFor the exercise of its functions the commission—\n(a) may, by written notice given to a person, require the person to\nattend a hearing of the commission to give evidence; and\n(b) may require a person appearing before the commission to give\nevidence to answer a question relevant to the hearing.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n","sortOrder":105},{"sectionNumber":"50","sectionType":"section","heading":"Application of Criminal Code, ch 7","content":"50 Application of Criminal Code, ch 7\nA hearing before the commission is a legal proceeding for the\nCriminal Code, chapter 7 (Administration of justice offences).\nNote That chapter includes offences (eg perjury, falsifying evidence, failing to\nattend and refusing to be sworn) applying in relation to commission\nhearings.\n","sortOrder":106},{"sectionNumber":"50A","sectionType":"section","heading":"Witnesses etc protected from civil liability","content":"50A Witnesses etc protected from civil liability\nA person does not incur civil liability for a statement made, or a\ndocument or information given, honestly and without recklessness to\nthe commission.\n\nPart 9 Enforcement of price directions and arbitration determinations\nPart 9 Enforcement of price directions\nand arbitration determinations\n51 Meaning of direction in pt 9\ndirection means—\n(a) a price direction of the commission under part 4; or\n(b) a determination of an arbitrator under part 6.\n","sortOrder":107},{"sectionNumber":"52","sectionType":"section","heading":"Application of pt 9","content":"52 Application of pt 9\nThis part applies if—\n(a) a person contravenes, or is, in the opinion of the commission,\nlikely to contravene, a direction; and\n(b) the commission considers that the contravention or likely\ncontravention is not trivial.\n","sortOrder":108},{"sectionNumber":"53","sectionType":"section","heading":"Orders","content":"53 Orders\n(1) If this part applies in relation to a person, the commission may serve\nan order on the person requiring the person to comply with the\n(2) If the commission proposes to make an order in relation to a person,\nit must first give the person written notice inviting the person to show\ncause within 28 days after the date of the notice why the order should\nnot be made.\n(3) A notice under subsection (2) must contain—\n(a) particulars of the proposed order; and\n(b) particulars of the facts and circumstances relied on by the\ncommission to justify the order; and\n\nEnforcement of price directions and arbitration determinations Part 9\n(c) a statement to the effect that the person may, within 28 days after\nthe day the notice is given, give the commission particulars of\nthe facts and circumstances relied on to show cause why the\nproposed order should not be made.\n(4) In considering whether to make an order in relation to a person, the\ncommission must take into account any representation made by the\nperson in accordance with the invitation in the notice under\nsubsection (2).\n(5) An order served under subsection (1) is a notifiable instrument.\n(6) A person must not, without reasonable excuse, contravene an order\nserved on the person under subsection (1).\nMaximum penalty: 200 penalty units.\n(7) If a person is convicted of an offence against subsection (6) in relation\nto the contravention of an order, the person commits, in relation to\neach day after the service of the order during any part of which that\ncontravention continued, an offence punishable, on conviction, by a\nfine not exceeding 20 penalty units.\n","sortOrder":109},{"sectionNumber":"54","sectionType":"section","heading":"Injunctions and declarations","content":"54 Injunctions and declarations\nThe commission may apply to the Supreme Court for an injunction or\ndeclaration (or both) in relation to an order served under\nsection 53 (1).\n\n","sortOrder":110},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Enforcement of civil penalty","content":"Part 9A Enforcement of civil penalty\nprovisions\n","sortOrder":111},{"sectionNumber":"54A","sectionType":"section","heading":"Definitions—pt 9A","content":"54A Definitions—pt 9A\nconduct means an act or a failure to act.\ncorresponding offence, in relation to a contravention of a civil\npenalty provision, means an offence constituted by conduct that is\nsubstantially the same as the conduct constituting the contravention.\ncourt means the Supreme Court.\n","sortOrder":112},{"sectionNumber":"54B","sectionType":"section","heading":"Part does not limit other powers of court","content":"54B Part does not limit other powers of court\nNothing in this part is to be interpreted as limiting any other power of\nthe court.\n","sortOrder":113},{"sectionNumber":"Div 9A","sectionType":"division","heading":"2 Enforceable undertakings","content":"Division 9A.2 Enforceable undertakings\n","sortOrder":114},{"sectionNumber":"54C","sectionType":"section","heading":"Enforceable undertakings","content":"54C Enforceable undertakings\n(1) The commission may accept a written undertaking given by a person\nfor this division in relation to the person’s compliance with a civil\npenalty provision.\n(2) The person may withdraw or amend the undertaking at any time, but\nonly with the commission’s consent.\n","sortOrder":115},{"sectionNumber":"54D","sectionType":"section","heading":"Application for enforcement of undertakings","content":"54D Application for enforcement of undertakings\n(1) If the commission considers that a person has contravened an\nundertaking given by the person under section 54C, it may apply to\nthe court for an order under subsection (2).\n\n(2) If the court is satisfied the person has contravened the undertaking,\nthe court may make 1 or more of the following orders:\n(a) an order that the person comply with the undertaking;\n(b) an order that the person pay the Territory an amount up to the\namount of any financial benefit the person has obtained directly\nor indirectly and that is reasonably attributable to the\ncontravention;\n(c) an order the court considers appropriate directing the person to\ncompensate any other person who has suffered loss or damage\nas a result of the contravention;\n(d) any other order the court considers appropriate.\n(3) An amount ordered to be paid under subsection (2) (b) is a debt\npayable to the Territory.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n","sortOrder":116},{"sectionNumber":"54E","sectionType":"section","heading":"Service of civil penalty notice","content":"54E Service of civil penalty notice\n(1) If the commission believes on reasonable grounds that a person has\ncontravened a civil penalty provision, it may serve the person with a\nnotice to pay a penalty for the contravention (a civil penalty notice).\n(2) The commission must serve the notice within 12 months after the day\nit forms the belief that the person has contravened the civil penalty\nprovision.\n","sortOrder":117},{"sectionNumber":"54F","sectionType":"section","heading":"Contents of civil penalty notice","content":"54F Contents of civil penalty notice\nA civil penalty notice must state the following:\n(a) the date it is served;\n(b) the name and address of the person served with the notice;\n\n(c) that the person is alleged to have engaged in conduct that\nconstitutes a contravention of a stated civil penalty provision;\n(d) a brief description of the alleged contravention, including when\nand where it is alleged to have occurred;\n(e) the amount payable under the notice for the alleged\ncontravention;\n(f) how the person may pay the amount;\n(g) the time for payment of the amount (being within 28 days or a\nstated longer period);\n(h) that if the person pays the amount within the time for payment,\nunless the notice is withdrawn under section 54J—\n(i) the commission will not start an enforcement order\nproceeding against the person in relation to the alleged\ncontravention; and\n(ii) the person will not be prosecuted for a corresponding\noffence;\n(i) that if the person fails to pay the amount within the time for\npayment, or the notice is withdrawn under section 54J—\n(i) the commission may start an enforcement order proceeding\nagainst the person in relation to the alleged contravention;\nor\n(ii) the person may be prosecuted for a corresponding offence;\n(j) anything else prescribed by regulation.\n\n","sortOrder":118},{"sectionNumber":"54G","sectionType":"section","heading":"Amount payable under civil penalty notice","content":"54G Amount payable under civil penalty notice\n(1) The amount payable under a civil penalty notice for an alleged\ncontravention of a tier 1 civil penalty provision or tier 2 civil penalty\nprovision is—\n(a) for an individual—$15 000 or a lesser amount prescribed by\nregulation; and\n(b) for a corporation—$75 000 or a lesser amount prescribed by\nregulation.\n(2) The amount payable under a civil penalty notice for an alleged\ncontravention of a tier 3 civil penalty provision is—\n(a) for an individual—$7 510 or a lesser amount prescribed by\nregulation; and\n(b) for a corporation—$37 500 or a lesser amount prescribed by\nregulation.\n(3) However, the commission may decide that the amount payable under\na civil penalty notice for an alleged contravention of a tier 3 civil\npenalty provision for a corporation is the amount mentioned in\nsubsection (2) (a) if—\n(a) the corporation is not a listed corporation, or is subject to the\npayment only because it is a related corporation; and\n(b) the commission considers the lesser amount is appropriate after\ntaking into account the following:\n(i) the nature of the alleged contravention;\n(ii) the degree of financial impact on the corporation if the\nhigher amount were to apply;\n(iii) the extent to which the higher amount appears excessive in\nthe circumstances;\n(iv) any other matter the commission considers relevant.\n\n(4) In this section:\nlisted corporation—see the Corporations Act, section 9.\ntier 1 civil penalty provision means a civil penalty provision to which\na tier 1 civil penalty applies under schedule 5.\ntier 2 civil penalty provision means a civil penalty provision to which\na tier 2 civil penalty applies under schedule 5.\ntier 3 civil penalty provision means a civil penalty provision to which\na tier 3 civil penalty applies under schedule 5.\n","sortOrder":119},{"sectionNumber":"54H","sectionType":"section","heading":"Time for payment of amount","content":"54H Time for payment of amount\n(1) A person served with a civil penalty notice must pay the amount\npayable under the notice within—\n(a) 28 days after the day the notice is served; or\n(b) a longer period stated in the notice.\n(2) The commission may accept payment of the amount after the time for\npayment stated in the notice if—\n(a) the commission has not started an enforcement order proceeding\nagainst the person in relation to the alleged contravention; and\n(b) the person has not been prosecuted for a corresponding offence;\nand\n(c) the notice has not been withdrawn under section 54J.\n","sortOrder":120},{"sectionNumber":"54I","sectionType":"section","heading":"Effect of payment of amount","content":"54I Effect of payment of amount\n(1) If a person served with a civil penalty notice pays the amount payable\nunder the notice in accordance with the notice—\n(a) any liability of the person for the alleged contravention is\ndischarged; and\n\n(b) the person must not be prosecuted for a corresponding offence;\nand\n(c) the person is not taken to have been convicted of a\ncorresponding offence; and\n(d) the commission must not start an enforcement order proceeding\nagainst the person in relation to the alleged contravention; and\n(e) the person is not taken to have admitted guilt or liability for the\nalleged contravention.\n(2) Subsection (1) does not apply if the notice is withdrawn under\nsection 54J.\n","sortOrder":121},{"sectionNumber":"54J","sectionType":"section","heading":"Withdrawal of civil penalty notice","content":"54J Withdrawal of civil penalty notice\n(1) The commission may withdraw a civil penalty notice by serving a\nnotice (a withdrawal notice) on the person served with the civil\npenalty notice—\n(a) if the time for payment stated in the civil penalty notice has not\nended; and\n(b) whether or not the amount payable under the civil penalty notice\nhas been paid.\n(2) If the commission serves a withdrawal notice, it must refund any\namount paid under the civil penalty notice.\n","sortOrder":122},{"sectionNumber":"54K","sectionType":"section","heading":"Conduct contravening multiple civil penalty provisions","content":"54K Conduct contravening multiple civil penalty provisions\n(1) If a person is alleged to have engaged in conduct constituting a\ncontravention of 2 or more civil penalty provisions, the commission\nmay serve the person with a civil penalty notice in relation to the\ncontravention of 1 or more of those provisions.\n(2) However, the person is not liable to pay more than 1 amount for\ncontraventions in relation to the same conduct.\n\n","sortOrder":123},{"sectionNumber":"54L","sectionType":"section","heading":"Effect of civil penalty notice on enforcement order","content":"54L Effect of civil penalty notice on enforcement order\nproceeding\nThe commission must not start an enforcement order proceeding\nagainst a person in relation to an alleged contravention of a civil\npenalty provision if—\n(a) it has served a person with a civil penalty notice in relation to\nthe alleged contravention; and\n(b) the time for payment stated in the notice has not ended; and\n(c) the notice has not been withdrawn under section 54J.\n","sortOrder":124},{"sectionNumber":"54M","sectionType":"section","heading":"Application for enforcement order","content":"54M Application for enforcement order\n(1) The commission may apply to the court for an order under\nsubsection (3) (an enforcement order) in relation to an alleged\ncontravention of a civil penalty provision by a person.\n(2) The commission must make the application within 6 years of the\nalleged contravention.\n(3) If the court is satisfied the person has contravened the civil penalty\nprovision, it may make 1 or more of the following orders:\n(a) an order that the person pay the Territory a civil penalty for the\ncontravention decided in accordance with section 54N;\n(b) an order that the person stop engaging in the conduct\nconstituting the contravention within a stated period;\n(c) an order that the person take stated action to remedy the\ncontravention or prevent the contravention from recurring;\n(d) an order that the person implement a stated program for\ncompliance with civil penalty provisions;\n\nEnforcement orders Division 9A.4\n(e) an order that the person perform a stated service relating to the\ncontravention for the benefit of the community or a part of the\ncommunity;\n(f) an order that the person engage a person or kind of person to\nperform a service mentioned in paragraph (e);\n(g) an order to ensure that the person does not engage in conduct\nconstituting the contravention, or similar or related conduct, for\nup to 3 years, including—\n(i) an order that the person set up a compliance or education\nand training program for employees or other people\ninvolved in the person’s business, that is designed to ensure\ntheir awareness of the responsibilities and obligations in\nrelation to the conduct; or\n(ii) an order that the person revise the internal operations of\ntheir business that led to the contravention;\n(h) an order that the person—\n(i) disclose stated information to which the person has access\nin a stated way to stated people; and\n(ii) publish an advertisement in a stated way and in terms\nstated in, or determined in accordance with, the order;\n(i) an order prescribed by regulation.\n(4) A civil penalty payable under subsection (3) (a) is a debt payable to\nthe Territory.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n(5) An order under subsection (3) (f) is not enforceable against the person\nengaged to perform the service.\n\n","sortOrder":125},{"sectionNumber":"54N","sectionType":"section","heading":"Deciding civil penalty for enforcement order","content":"54N Deciding civil penalty for enforcement order\n(1) The maximum civil penalty payable for a contravention of a civil\npenalty provision is the penalty mentioned in schedule 5, section 5.3,\ncolumn 3 for the provision.\n(2) Without limiting the matters the court may consider, in deciding the\namount of the civil penalty for an enforcement order, the court must\nconsider the following:\n(a) the nature and extent of the contravention;\n(b) the circumstances in which the contravention took place;\n(c) any loss or damage suffered because of the contravention;\n(d) any benefit the person and, for a corporation, a related\ncorporation, has obtained directly or indirectly that is reasonably\nattributable to the contravention;\n(e) whether the person has previously engaged in conduct similar to\nthe conduct constituting the contravention.\n","sortOrder":126},{"sectionNumber":"54O","sectionType":"section","heading":"Enforcement order proceeding is civil proceeding","content":"54O Enforcement order proceeding is civil proceeding\nAn enforcement order proceeding is a civil proceeding for all\npurposes.\n","sortOrder":127},{"sectionNumber":"54P","sectionType":"section","heading":"Proceedings may be heard together","content":"54P Proceedings may be heard together\nThe court may direct that 2 or more enforcement order proceedings\nbe heard together.\n","sortOrder":128},{"sectionNumber":"54Q","sectionType":"section","heading":"Civil proceeding after criminal proceeding","content":"54Q Civil proceeding after criminal proceeding\nThe court must not make an enforcement order against a person for a\ncontravention of a civil penalty provision if the person has been\nconvicted of a corresponding offence.\n\nEnforcement orders Division 9A.4\n","sortOrder":129},{"sectionNumber":"54R","sectionType":"section","heading":"Criminal proceeding during civil proceeding","content":"54R Criminal proceeding during civil proceeding\n(1) An enforcement order proceeding is stayed if—\n(a) a criminal proceeding is started or has already been started\nagainst a person alleged to have contravened a civil penalty\nprovision; and\n(b) the criminal proceeding is for a corresponding offence.\n(2) If the person—\n(a) is not convicted of the offence—the enforcement order\nproceeding may be resumed; or\n(b) is convicted of the offence—the enforcement order proceeding\nis dismissed and costs must not be awarded in relation to the\nproceeding.\n","sortOrder":130},{"sectionNumber":"54S","sectionType":"section","heading":"Criminal proceeding after civil proceeding","content":"54S Criminal proceeding after civil proceeding\nA criminal proceeding may be started against a person for a\ncorresponding offence whether or not an enforcement order has been\nmade against the person for a related contravention of a civil penalty\nprovision.\n","sortOrder":131},{"sectionNumber":"54T","sectionType":"section","heading":"Evidence given in civil proceeding not admissible in","content":"54T Evidence given in civil proceeding not admissible in\ncriminal proceeding\n(1) This section applies to information given and documents produced by\nan individual in an enforcement order proceeding (whether or not an\nenforcement order was made).\n(2) The information and documents are not admissible in evidence in a\ncriminal proceeding against the individual for a corresponding\noffence.\n(3) However, subsection (2) does not apply to a criminal proceeding in\nrelation to the falsity of the evidence given by the individual in the\nenforcement order proceeding.\n\n","sortOrder":132},{"sectionNumber":"54U","sectionType":"section","heading":"Conduct contravening multiple civil penalty provisions","content":"54U Conduct contravening multiple civil penalty provisions\n(1) If a person contravenes 2 or more civil penalty provisions, an\nenforcement order proceeding against the person may be started in\nrelation to the contravention of 1 or more of those provisions.\n(2) However, the person is not liable to more than 1 civil penalty in\nrelation to the same conduct.\n","sortOrder":133},{"sectionNumber":"54V","sectionType":"section","heading":"Multiple contraventions","content":"54V Multiple contraventions\n(1) The court may order that a person pay a single civil penalty for\nmultiple contraventions of a civil penalty provision if the\ncontraventions—\n(a) are based on the same facts; or\n(b) form, or are part of, a series of contraventions of the same or a\nsimilar kind.\n(2) However, the single civil penalty must not exceed the sum of the\nmaximum penalties that the court may have ordered if separate civil\npenalties were ordered for each of the contraventions.\n","sortOrder":134},{"sectionNumber":"54W","sectionType":"section","heading":"Application for injunction","content":"54W Application for injunction\n(1) If a person has engaged, is engaging or is proposing to engage, in\nconduct constituting a contravention of a civil penalty provision, the\ncourt may, on application by the commission, grant an injunction—\n(a) restraining the person from engaging in the conduct; and\n(b) if, in the court’s opinion, it is desirable to do so—requiring the\nperson to do a thing.\n\nOther provisions about liability Division 9A.6\n(2) The court’s power to grant an injunction restraining a person from\nengaging in conduct may be exercised—\n(a) whether or not it appears to the court that the person intends to\nengage again, or to continue to engage, in conduct of that kind;\nand\n(b) whether or not the person has previously engaged in conduct of\nthat kind; and\n(c) whether or not there is an imminent danger of substantial\ndamage to any other person if the person engages in conduct of\nthat kind.\n","sortOrder":135},{"sectionNumber":"54X","sectionType":"section","heading":"Discharging or varying injunctions","content":"54X Discharging or varying injunctions\nThe court may discharge or vary an injunction granted under\nsection 54W.\n","sortOrder":136},{"sectionNumber":"54Y","sectionType":"section","heading":"Meaning of evidential burden—div 9A.6","content":"54Y Meaning of evidential burden—div 9A.6\nIn this division:\nevidential burden, in relation to a matter, means the burden of\nadducing or pointing to evidence that suggests a reasonable\npossibility that the matter exists or does not exist.\n","sortOrder":137},{"sectionNumber":"54Z","sectionType":"section","heading":"Ancillary contraventions","content":"54Z Ancillary contraventions\n(1) A person must not—\n(a) attempt to contravene a civil penalty provision; or\n(b) aid, abet, counsel or procure a contravention of a civil penalty\nprovision; or\n(c) be in any way, directly or indirectly, knowingly concerned in, or\nparty to, a contravention of a civil penalty provision.\n\n(2) A person who contravenes subsection (1) in relation to a civil penalty\nprovision is taken to have contravened the civil penalty provision.\n54ZA State of mind\n(1) It is not necessary to prove a person’s state of mind in a proceeding\nagainst the person under this part.\n(2) Subsection (1) does not apply—\n(a) to the extent that the proceeding relates to a contravention of\nsection 54Z (1) (Ancillary contraventions); and\n(b) to the extent that the civil penalty provision, or a provision that\nrelates to the civil penalty provision, expressly provides\notherwise.\nstate of mind, of a person, includes the person’s intention,\nknowledge, recklessness or negligence.\n54ZB Mistake of fact\n(1) A person is not liable for a contravention of a civil penalty provision\nif—\n(a) when engaging in the conduct constituting the contravention, the\nperson considered whether or not facts existed, and was under a\nmistaken but reasonable belief about the facts; and\n(b) had the facts existed, the conduct would not have constituted a\ncontravention.\n(2) A person may be taken to have considered whether or not facts existed\nwhen engaging in conduct if the person—\n(a) had considered, on a previous occasion, whether those facts\nexisted in the circumstances surrounding that occasion; and\n\nOther provisions about liability Division 9A.6\n(b) honestly and reasonably believed that the circumstances\nsurrounding the present occasion were substantially the same as\nthose surrounding the previous occasion.\n(3) The person has an evidential burden in relation to the matters\nmentioned in subsection (1) and (2).\n54ZC Burden of proof for exceptions etc\nA person wishing to rely on any exception, exemption, excuse,\nqualification or justification provided by the law creating a civil\npenalty provision has an evidential burden in relation to the matter.\n54ZD Extended liability of corporations\nConduct is taken to be engaged in by a corporation if it is engaged in\nby an employee, agent or officer of the corporation acting within—\n(a) the actual or apparent scope of their employment; or\n(b) their actual or apparent authority.\n54ZE Limited liability of individuals\nAn individual is not liable under this part for a contravention of a civil\npenalty provision if the contravention has a corresponding offence.\n\n54ZF Exercise of enforcement functions under Utilities\nAct 2000\n(1) An ICRC inspector may exercise their functions under the Utilities\nAct 2000, chapter 10 (Enforcement) for the purpose of investigating,\nmonitoring and enforcing compliance with a civil penalty provision.\n(2) For subsection (1)—\n(a) a reference in that chapter to an offence against that Act is taken\nto be a reference to a contravention of a civil penalty provision;\nand\n(b) a reference in that chapter to a prosecution for an offence is\ntaken to be a reference to an enforcement order proceeding in\nrelation to a contravention of a civil penalty provision.\nICRC inspector—see the Utilities Act 2000, dictionary.\n55 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n\nMiscellaneous Part 10\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n56 Service of documents\nA document may be served on the commission by leaving it at, or by\nsending it by post, fax, email or similar facility to—\n(a) the office of the commission; or\n(b) if it has more than 1 office, any of its offices.\n","sortOrder":138},{"sectionNumber":"57","sectionType":"section","heading":"Approved forms","content":"57 Approved forms\n(1) The commission may approve forms for this Act.\n(2) If the commission approves a form for a particular purpose, the form\nmust be used for that purpose.\n(3) An approved form is a notifiable instrument.\n\n","sortOrder":139},{"sectionNumber":"58","sectionType":"section","heading":"Regulation-making power","content":"58 Regulation-making power\nThe Executive may make regulations for this Act.\n\nCompetition principles agreement extracts Schedule 1\n","sortOrder":140},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Competition principles","content":"Schedule 1 Competition principles\nagreement extracts\n(see s 19C, s 19D and s 19J)\nCompetition policy considerations\nInterpretation\n[competition principles agreement cl 1 (3) (d)-(j)]\n...\n(3)\n...\n(d) government legislation and policies relating to ecologically\nsustainable development;\n(e) social welfare and equity considerations, including community\nservice obligations;\n(f) government legislation and policies relating to matters such as\noccupational health and safety, industrial relations and access and\nequity;\n(g) economic and regional development, including employment and\ninvestment growth;\n(h) the interests of consumers generally or of a class of consumers;\n(i) the competitiveness of Australian businesses;\n(j) the efficient allocation of resources.\n\nSchedule 1 Competition principles agreement extracts\nCompetitive neutrality principles\nCompetitive neutrality policy and principles\n[competition principles agreement cl 3 (1) & (4)-(7)]\n3 (1) The objective of competitive neutrality policy is the elimination of\nresource allocation distortions arising out of the public ownership of\nentities engaged in significant business activities: Government\nbusinesses should not enjoy any net competitive advantage simply as a\nresult of their public sector ownership. These principles only apply to the\nbusiness activities of publicly owned entities, not to the non-business,\nnon-profit activities of these entities.\n(4) Subject to subclause (6), for significant Government business enterprises\nwhich are classified as “Public Trading Enterprises” and “Public\nFinancial Enterprises” under the Government Financial Statistics\nClassification:\n(a) the Parties† will, where appropriate, adopt a corporatisation model\nfor these Government business enterprises (noting that a possible\napproach to corporatisation is the model developed by the\nintergovernmental committee responsible for GTE National\nPerformance Monitoring); and\n(b) the Parties† will impose on the Government business enterprise:\n(i) full Commonwealth, State and Territory taxes or\ntax equivalent systems;\n(ii) debt guarantee fees directed towards offsetting the\ncompetitive advantages provided by government\nguarantees; and\n(iii) those regulations to which private sector businesses are\nnormally subject, such as those relating to the protection\nof the environment, and planning and approval processes,\non an equivalent basis to private sector competitors.\n\nCompetition principles agreement extracts Schedule 1\n(5) Subject to subclause (6), where an agency (other than an agency covered\nby subclause (4)) undertakes significant business activities as part of a\nbroader range of functions, the Parties† will, in respect of the business\nactivities:\n(a) where appropriate, implement the principles outlined in subclause\n(4); or\n(b) ensure that the prices charged for goods and services will take\naccount, where appropriate, of the items listed in\nsubclause (4) (b), and reflect full cost attribution for these\nactivities.\n(6) Subclauses (4) and (5) only require the Parties† to implement the\nprinciples specified in those subclauses to the extent that the benefits to\nbe realised from implementation outweigh the costs.\n(7) Subclause (4) (b) (iii) shall not be interpreted to require the removal of\nregulation which applies to a Government business enterprise or agency\n(but which does not apply to the private sector) where the Party†\nresponsible for the regulation considers the regulation to be appropriate.\n...\nNote [not included in the agreement]:\n† Party is defined in the agreement (cl 1 (1)) to mean the Commonwealth, a State, the\nAustralian Capital Territory or the Northern Territory of Australia, if the jurisdiction concerned\nhas signed the agreement and has not withdrawn. The Australian Capital Territory has\nsigned the agreement and has not withdrawn from it; thus it is a party.\nLegislation review principles\nLegislation review\n[competition principles agreement cl 5 (1) & (9)]\n5 (1) The guiding principle is that legislation (including Acts,\nenactments, ordinances or regulations) should not restrict competition\nunless it can be demonstrated that:\n(a) the benefits of the restriction to the community as a whole\noutweigh the costs; and\n\nSchedule 1 Competition principles agreement extracts\n(b) the objectives of the legislation can only be achieved by restricting\ncompetition.\n...\n(9) Without limiting the terms of reference of a review, a review should:\n(a) clarify the objectives of the legislation;\n(b) identify the nature of the restriction on competition;\n(c) analyse the likely effect of the restriction on competition and on\nthe economy generally;\n(d) assess and balance the costs and benefits of the restriction; and\n(e) consider alternative means for achieving the same result including\nnon-legislative approaches.\n\nSection 2.1\n","sortOrder":141},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Commission appointments and","content":"Schedule 2 Commission appointments and\nworking arrangements\n(see s 6 (2))\n2.1 Standing commissioners\n(1) The Executive must appoint 1 or more standing commissioners.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct s 207).\n(2) A standing commissioner holds office (subject to this Act) for a term\nnot longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n2.1AA Arrangements if more than 1 standing commissioner\n(1) This section applies if the commission is constituted by more than\n1 standing commissioner.\n(2) The Executive must appoint 1 standing commissioner as senior\ncommissioner.\n(3) If the senior commissioner ceases to hold office or is suspended from\noffice (under section 2.4 or section 2.5), the Minister must (by\ninstrument) nominate another standing commissioner as senior\ncommissioner.\n(4) If a suspended senior commissioner resumes office as a\ncommissioner, they also resume office in the capacity of senior\ncommissioner (and the nominated replacement ceases to hold office\nin that capacity).\n\nSection 2.1A\n2.1A Associate commissioners\n(1) The Executive may appoint 1 or more commissioners (associate\ncommissioners) for a particular investigation, in consideration of\nadvice received from the commission about the need for such an\nappointment (or appointments).\n(2) An associate commissioner holds office (subject to this Act) until the\nconclusion of the investigation for which the associate commissioner\nis appointed.\n2.1B Qualifications\nThe Executive may only appoint as commissioner a person who has\nknowledge or experience in 1 or more of the following fields:\n(a) commerce;\n(b) economics;\n(c) industry;\n(d) law;\n(e) public administration.\n2.1C Terms of office\n(1) A commissioner is appointed on terms (not inconsistent with this Act)\ndecided by the Executive.\n(2) A commissioner may be appointed on a full-time or part-time basis.\n(3) A full-time commissioner may engage in paid employment outside\nthe functions of the office only with the earlier written approval of the\nMinister.\n\nSection 2.1E\n2.1E Arrangement of business\n(1) The senior commissioner—\n(a) is responsible for ensuring the orderly and expeditious discharge\nof the functions of the commission; and\n(b) presides over those investigations that the senior commissioner\nsits on.\n(2) The senior commissioner may give directions for any of the\n(a) the arrangement of business;\n(b) the commissioner or commissioners who will constitute the\ncommission for particular purposes;\n(c) the procedure of the commission generally.\n(3) If the senior commissioner does not sit on an investigation, or ceases\nto sit on an investigation, the senior commissioner must—\n(a) nominate a commissioner to preside over the investigation; and\n(b) if a nominated presiding commissioner later ceases to sit on the\ninvestigation—nominate another commissioner to preside over\nthe investigation.\n(4) If a commissioner sitting on an investigation is directed to cease doing\nso (under section 2.2), ceases to hold office (under section 2.4 or\nsection 2.5), or is suspended from office (under section 2.5), the\nsenior commissioner may—\n(a) direct that the investigation continue under the remaining\ncommissioners constituting the commission for the\ninvestigation; or\n(b) direct that the investigation continue with another commissioner\nreplacing the commissioner who has ceased to hold office, or\nbeen suspended from office; or\n\nSection 2.1F\n(c) dissolve the commission (as constituted for the investigation),\nreconstitute the commission for the investigation under the same\nor different commissioners, and direct that the investigation be\nstarted again under the reconstituted commission; or\n(d) if a commissioner sitting on the investigation is suspended from\noffice—direct that the investigation is suspended, or issue\nanother direction under this subclause.\n2.1F Exercise of powers\nThe commission’s powers may be exercised for particular purposes\nby—\n(a) the senior commissioner, or a person authorised by the senior\ncommissioner for those purposes; or\n(b) if a direction has been given under section 2.1E (2) (b)—by the\ncommissioner or commissioners who constitute the commission\nfor those purposes.\n2.1G Decision-making\nWhen the commission is constituted by more than 1 person, a\ndecision of the commission must be made—\n(a) in accordance with the unanimous or majority opinion of the\ncommissioners constituting the commission; or\n(b) if the commissioners are equally divided in opinion—in\naccordance with the opinion of the presiding commissioner (see\nsection 2.1E (1) and (3)).\n2.2 Disclosure of interests\n(1) Before a commissioner exercises a function, the commissioner must\ngive written notice to the Minister of any direct or indirect pecuniary\ninterests that the commissioner has in relation to the exercise of the\nfunction.\n\nSection 2.3\n(2) On receiving notice of a commissioner’s interests, the Minister may,\nby written notice—\n(a) direct the senior commissioner to give notice of the interests to\nany person whose interests are significantly affected by the\nexercise of the function; or\n(b) direct the commissioner to cease exercising the function.\n(3) A commissioner must comply with a direction of the Minister under\nsubsection (2).\n2.3 Remuneration and allowances\nA commissioner is entitled to the remuneration, allowances and other\nentitlements—\n(a) that are determined by the remuneration tribunal in relation to\nthe commissioner; or\n(b) if there is no such determination—that are determined by the\nChief Minister in relation to the commissioner by an interim\ndetermination under the Remuneration Tribunal Act 1995.\n2.4 Resignation\nA commissioner may resign by giving a signed notice of resignation\nto the Minister.\n2.5 Removal from office\n(1) The Executive may, by written notice to a commissioner, suspend the\ncommissioner from office for mental or physical incapacity or\nincompetence.\n(2) A notice of suspension must include a full statement of the grounds\nfor suspension.\n(3) A notice of suspension must be presented to the Legislative Assembly\nwithin 7 sitting days after it is given to the commissioner.\n\nSection 2.5\n(4) The Executive must remove the commissioner from office if, within\n15 sitting days after the notice of suspension was presented to the\nLegislative Assembly, the Assembly by resolution declares that the\ncommissioner ought to be removed from office.\n(5) The commissioner must resume office if, after 15 sitting days have\nelapsed since the notice of suspension was presented to the\nLegislative Assembly, the Legislative Assembly has not passed a\nresolution declaring that the commissioner ought to be removed from\noffice.\n(6) A commissioner ceases to hold office if the commissioner becomes\nbankrupt or personally insolvent.\n\nIndustry panels constitution and procedure Schedule 3\nSection 3.1\nSchedule 3 Industry panels constitution\nand procedure\n(see s 24M)\n3.1 Appointment of members of industry panels\n(1) The referring authority must appoint an industry panel of 3 members\n(1 of whom is declared in the appointment as the president) to hear\nan application for the review of a price direction.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\nNote 4 A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def of\nappoint).\n(2) The following are not eligible to be members of an industry panel\nestablished for the review of a price direction:\n(a) a commissioner;\n(b) a member of the staff of the commission;\n(c) a party to the review.\n(3) A member holds office (subject to this Act) until the conclusion of\nthe review for which the member is appointed.\n(4) A member is otherwise appointed on terms, not inconsistent with this\nAct, determined by the referring authority.\n\nSchedule 3 Appointment of members of industry panels\nSection 3.2\n3.2 Qualifications\nA member of an industry panel must have knowledge or experience\nin 1 of the following fields:\n(a) commerce;\n(b) economics;\n(c) industry;\n(d) law;\n(e) public administration.\n3.4 Remuneration and allowances\nA member of a panel is entitled to the remuneration, allowances and\nother entitlements—\n(a) that are determined by the remuneration tribunal in relation to\nthe member; or\n(b) if there is no such determination—that are determined by the\nChief Minister in relation to the member by an interim\ndetermination under the Remuneration Tribunal Act 1995.\n3.5 Presiding member\n(1) The president presides over the hearing of an application.\n(2) If the president resigns or is removed from office, the referring\nauthority must declare another member to be the presiding member.\n(3) A declaration must be in writing.\n(4) A copy of a declaration must be given to the other members of the\npanel and the parties to the review.\n\nAppointment of members of industry panels Schedule 3\nSection 3.6\n3.6 Decision-making\nThe panel’s decision on a review must be reached as follows:\n(a) if all, or a majority, of the panel are of a particular opinion—the\ndecision is to be made according to that opinion;\n(b) if no 2 members agree—in accordance with the opinion of the\npresident or, if the president has resigned or been removed from\noffice, the presiding member.\n3.7 Disclosure of interests\n(1) Before a panel begins to hear an application for review, the members\nof the panel must give written notice to the referring authority of any\ndirect or indirect pecuniary interests that they have in relation to the\nreview.\n(2) On receiving notice of the interests of a member of a panel, the\nreferring authority may—\n(a) give written notice of the interests to the other members and to\nthe parties to the review; or\n(b) by written notice to the member, remove the member from\noffice.\n(3) The referring authority must give a copy of a notice of the removal of\na member from office to the other members and to the parties to the\nreview.\n(4) If a member of a panel is removed from office—\n(a) the review may proceed under the remaining members, if the\nparties agree; or\n(b) failing agreement—the referring authority must dissolve the\npanel and constitute a new panel (under this schedule) with the\nremaining members and a new member.\n\nSchedule 3 Appointment of members of industry panels\nSection 3.8\n3.8 Resignation\n(1) A member of a panel may resign from office by written notice to the\nreferring authority.\n(2) A member of a panel must give written notice of absence to the\nreferring authority if the member becomes unavailable to consider the\napplication at any stage of the review.\n(3) After a notice of absence is given, the member must resign from the\npanel if so directed in writing by the referring authority.\n(4) If a member of the panel resigns—\n(a) the review may proceed under the remaining members, if the\nparties agree; or\n(b) failing agreement, the referring authority must dissolve the\npanel and constitute a new panel (under this schedule) with the\nremaining members and a new member.\n3.9 Removal from office\n(1) The Executive may, by written notice to a member of a panel, suspend\nthe member from office for mental or physical incapacity or\nincompetence.\n(2) A notice of suspension must include a full statement of the grounds\nfor suspension.\n(3) The notice of suspension must be presented to the Legislative\nAssembly within 7 sitting days after it is given to the member.\n(4) The Executive must remove the member from office if, within\n15 sitting days after the notice of suspension was presented to the\nLegislative Assembly, the Assembly by resolution declares that the\nmember ought to be removed from office.\n\nAppointment of members of industry panels Schedule 3\nSection 3.9\n(5) The member resumes office if, after 15 sitting days have elapsed since\nthe notice of suspension was presented to the Legislative Assembly,\nthe Legislative Assembly has not passed a resolution declaring that\nthe member ought to be removed from office.\n(6) A member of a panel ceases to hold office if the member becomes\nbankrupt or personally insolvent.\n\nSchedule 4 Arbitration guidelines––competition principles agreement, cl 6 (4) (i), (j) and\n(l)\nSection 4.1\nSchedule 4 Arbitration guidelines––\ncompetition principles\nagreement, cl 6 (4) (i), (j) and (l)\n(see s 33 (5) (a))\n4.1 Terms and conditions for access—competition principles\nagreement, cl 6 (4) (i)\nThe arbitrator must take into account the following considerations in\ndetermining terms and conditions for access by the third party:\n(a) the access provider’s legitimate business interests and\ninvestment in the infrastructure facilities;\n(b) the costs to the access provider of providing access—\n(i) including any costs of extending the infrastructure\nfacilities; and\n(ii) not including any costs associated with losses from\nincreased competition in upstream or downstream markets;\n(c) the economic value to the access provider of any additional\ninvestment that the third party or the access provider has agreed\nto undertake;\n(d) the interests of all people holding contracts for use of the\ninfrastructure facilities;\n(e) the firm and binding contractual obligations of the access\nprovider and any other people using the infrastructure facilities;\n(f) the operational and technical requirements necessary for the safe\nand reliable operation of the infrastructure facilities;\n(g) the economically efficient operation of the infrastructure\nfacilities;\n(h) the benefit to the public from having competitive markets.\n\nArbitration guidelines––competition principles agreement, cl 6 (4) (i), (j) and\n(l)\nSchedule 4\nSection 4.2\n4.2 Extension of infrastructure—competition principles\nagreement, cl 6 (4) (j)\nThe arbitrator must only make a determination requiring an access\nprovider to extend the infrastructure facilities, or to permit the\nextension of the facilities, if the following conditions are met:\n(a) the extension should be technically and economically feasible\nand consistent with the safe and reliable operation of the\nfacilities;\n(b) the access provider’s legitimate business interests in the\nfacilities should be protected;\n(c) the terms of access for the third party should take account of the\ncosts borne by each party for the extension and the economic\nbenefits to each party resulting from the extension.\n4.3 Impeding of existing rights—competition principles\nagreement, cl 6 (4) (l)\nIn making a determination that impedes an existing right of a person\nto use an infrastructure facility, the arbitrator—\n(a) must consider whether there is a case for compensation of that\nperson; and\n(b) if appropriate, include in the determination provision for that\nperson to be compensated.\n\nSection 5.1\n(see s 54N (1) and dict, def civil penalty provision)\n5.1 Definitions—sch 5\nIn this schedule:\nadjusted turnover—see the Competition and Consumer Act 2010\n(Cwlth), section 4.\nConsumer Protection Code means the Consumer Protection Code\ndetermined by the Utilities (Consumer Protection Code)\nDetermination 2020.\nElectricity Feed-in Code means the Electricity Feed-in Code\ndetermined by the Utilities (Electricity Feed-in Code)\nDetermination 2020.\ntier 1 civil penalty—see section 5.2.\ntier 2 civil penalty—see section 5.2.\ntier 3 civil penalty—see section 5.2.\nTransparency and Comparability Code means the ACT Retail\nElectricity (Transparency and Comparability) Code determined by\nthe Utilities (ACT Retail Electricity – Transparency and\nComparability Code) Determination 2021.\n5.2 Meaning of tier 1 civil penalty, tier 2 civil penalty and\ntier 3 civil penalty—sch 5\n(1) In this schedule:\ntier 1 civil penalty means—\n(a) for an individual—$553 000; and\n(b) for a corporation—the greater of the following:\n(i) $11 060 000;\n\nSection 5.2\n(ii) if the court can determine the value of the benefit the\ncorporation, and any related corporation, has obtained\ndirectly or indirectly and that is reasonably attributable to\nthe contravention—3 times the value of the benefit;\n(iii) if the court cannot determine the value of the benefit—10%\nof the corporation’s adjusted turnover during the\n12 months ending at the end of the month the contravention\noccurred.\ntier 2 civil penalty means—\n(a) for an individual—$317 400 plus $15 900 for each day (after the\nfirst day) the contravention continues; and\n(b) for a corporation—$1 587 100 plus $79 400 for each day (after\nthe first day) the contravention continues.\ntier 3 civil penalty means—\n(a) for an individual—$37 500 plus $3 750 for each day (after the\nfirst day) the contravention continues; and\n(b) for a corporation—$188 000 plus $18 000 for each day (after the\nfirst day) the contravention continues.\n(2) However, subsection (1), definition of tier 1 civil penalty,\nparagraph (b) (ii) and (iii) apply in relation to an enforcement order\nonly if the commission requests that the provisions apply in the\napplication for the order.\n\n5.3 Civil penalty provisions\nitem\n1 Consumer Protection Code, cl 4.1 (Reporting to the\nICRC)\n2 Consumer Protection Code, cl 5 (2) and (3)\n(Conduct of utilities)\n3 Consumer Protection Code, cl 5 (5) (Conduct of\nutilities)\n4 Consumer Protection Code, cl 6.1 (Complaints and\ndispute resolution procedures)\n5 Consumer Protection Code, cl 6.2 (Practices and\nprocedures to comply with Australian Standards)\n6 Consumer Protection Code, cl 6.3 (Addressing\ncomplaints)\n7 Consumer Protection Code, cl 6.4 (Utility to keep\nrecords)\n8 Consumer Protection Code, cl 7.1 (Utility to\nprovide information)\n9 Consumer Protection Code, cl 7.2 (Utility may\nrecover costs of providing information)\n10 Consumer Protection Code, cl 7.3 (Disclosure of\ncustomer or consumer information by a utility to a\nthird party)\n11 Consumer Protection Code, cl 8.1 (Requirements\nfor effective notice to customer or consumer)\n12 Consumer Protection Code, cl 9.1 (Utility to\npublish summary)\n13 Consumer Protection Code, cl 10.1 (Registration of\nlife support equipment)\n\nitem\n14 Consumer Protection Code, cl 10.2 (Disconnection\nand interruption to services)\n15 Consumer Protection Code, cl 11.1 (Compliance by\nutilities with guaranteed service levels)\n16 Consumer Protection Code, cl 11.2 (Utility to pay\nrebate for non-compliance)\n17 Consumer Protection Code, cl 11.3 (Method of\npayment of rebate)\n18 Consumer Protection Code, cl 11.5 (Information to\nbe provided to customers)\n19 Consumer Protection Code, cl 12.1 (Information\nabout charges)\n20 Consumer Protection Code, cl 12.2 (Variation of\ncharges)\n21 Consumer Protection Code, cl 13.1 (Utility may\nissue bills)\n22 Consumer Protection Code, cl 13.3 (Maximum\nintervals between bills)\n23 Consumer Protection Code, cl 13.6 (Historical\nbilling information)\n24 Consumer Protection Code, cl 13.7 (1) (Payment of\n25 Consumer Protection Code, cl 13.7 (2) (Payment of\n26 Consumer Protection Code, cl 13.8 (Review of\n27 Consumer Protection Code, cl 13.9 (Overcharging) tier 2 civil penalty\n28 Consumer Protection Code, cl 13.10\n(Undercharging)\n\nitem\n29 Consumer Protection Code, cl 13.12 (How\npayments to be applied)\n30 Consumer Protection Code, cl 13.13 (Territory\nGovernment-sponsored rebates)\n31 Consumer Protection Code, cl 13.14 (Payment\ndifficulties)\n32 Consumer Protection Code, cl 14.2 (Hardship\npolicy requirement)\n33 Consumer Protection Code, cl 15.1 (Interest\ncharges)\n34 Consumer Protection Code, cl 16 (1) (New\ncustomer contract information)\n35 Consumer Protection Code, cl 17.1 (Obligations\nunder the Utilities Act)\n36 Consumer Protection Code, cl 17.2 (Provisions to\nbe contained in standard customer contracts)\n37 Consumer Protection Code, cl 19.1 (Utility to make\ncontract available to customers)\n38 Consumer Protection Code, cl 19.3 (Changes to\nstandard customer contracts)\n39 Consumer Protection Code, cl 20.1 (When a utility\nmust not disconnect or restrict utility services)\n40 Consumer Protection Code, cl 20.2 (When a utility\nmust disconnect premises from a utility network)\n41 Consumer Protection Code, cl 20.3 (When a utility\nmay disconnect or restrict supply)\n42 Consumer Protection Code, cl 20.4 (Restriction of\nutility services to residential premises for failure to\npay a bill)\n43 Consumer Protection Code, cl 20.5 (Restrictions on\nwater restrictions to residential premises)\n\nitem\n44 Consumer Protection Code, cl 20.6 (Content and\nformat of notices)\n45 Consumer Protection Code, cl 21 (Disconnections\nand restrictions in emergencies and under\nrestriction schemes)\n46 Consumer Protection Code, cl 22.1 (When a utility\nmay interrupt supply of a utility service)\n47 Consumer Protection Code, cl 22.2 (Planned\ninterruptions to the supply of utility services)\n48 Consumer Protection Code, cl 22.3 (Unplanned\ninterruptions to the supply of a utility service)\n49 Consumer Protection Code, cl 23.1 (When a\nsecurity deposit may be required)\n50 Consumer Protection Code, cl 23.2 (Maximum\namount of security deposit)\n51 Consumer Protection Code, cl 23.3 (Interest on\nsecurity deposits)\n52 Consumer Protection Code, cl 23.4 (Repayment of\nsecurity deposits)\n53 Consumer Protection Code, cl 23.5 (Purposes for\nwhich security deposits must not be used)\n54 Electricity Feed-in Code, cl 4.1 (Distributor to\ndetail arrangements to NERL retailer)\n55 Electricity Feed-in Code, cl 4.2 (Distributor to alert\nNERL retailer and occupier of start dates)\n56 Transparency and Comparability Code, cl 2.3\n(Communication must compare prices to the\nreference price)\n57 Transparency and Comparability Code, cl 2.5\n(Advertising conditional discounts)\n\nitem\n58 Transparency and Comparability Code, cl 2.6\n(Records of compliance)\n59 Transparency and Comparability Code, cl 4.3\n(Minimum standards for clear advice)\n60 Transparency and Comparability Code, cl 4.4\n(Records of compliance)\n61 Utilities Act 2000, s 21 (1) (Requirement for\nlicence)\n62 Utilities Act 2000, s 47 (1) (Contravention of\nlicence condition)\n63 Utilities Act 2000, s 75H (1) (Offence—\ncontravention of code, s 75E or s 75GA)\n64 Utilities Act 2000, s 75K (Offence—contravention\nof s 75F)\n65 Utilities Act 2000, s 100 (1) and (3) (Passing on the\ncost of water)\n\n(see s 2)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• Act\n• bankrupt or personally insolvent\n• corporation\n• director-general (see s 163)\n• exercise\n• fail\n• function\n• may (see s 146)\n• must (see s 146)\n• National Electricity (ACT) Law\n• National Electricity (ACT) Regulation\n• National Energy Retail Law (ACT)\n• National Energy Retail Regulation (ACT)\n• National Gas (ACT) Law\n• National Gas (ACT) Regulation\n• person (see s 160)\n• subordinate law (see s 8)\n• territory authority\n• the Territory.\naccess agreement means an agreement under an access regime for the\ngranting of access to services provided by means of the infrastructure\nfacilities to which the access regime relates.\naccess provider, for part 6 (Arbitration of access regime disputes)—\nsee section 30.\n\naccess regime means a scheme (whether of a legislative or\nadministrative nature, or any other nature) set up for the purpose of\nimplementing the competition principles agreement in relation to\nthird-party access to services provided by means of infrastructure\nfacilities wholly or partly located within the ACT that are wholly or\nsubstantially owned, controlled or operated by a single person, being\nservices—\n(a) including the use of an infrastructure facility (for example, a\nroad or railway), the handling or transporting of things (for\nexample, goods or people) or a communications service or\nsimilar service; and\n(b) not including the supply of goods, the use of intellectual\nproperty or the use of a production process, except to the extent\nthat that supply or use is an integral but subsidiary part of the\nadjusted turnover, for schedule 5 (Civil penalty provisions)—see\nschedule 5, section 5.1.\nassociate commissioner means a commissioner appointed under\nschedule 2, section 2.1A.\nchief executive officer means the Chief Executive Officer of the\ncivil penalty notice—see section 54E (1).\ncivil penalty provision means a provision mentioned in schedule 5,\nsection 5.3, column 2.\ncommission means the Independent Competition and Regulatory\nCommission for the Australian Capital Territory.\ncommissioner means a commissioner constituting the commission\nunder section 6 (1).\n\ncompetition policy considerations means the considerations\nmentioned in the competition principles agreement, clause 1 (3) (d)\nto (j), as set out in schedule 1.\ncompetition principles agreement means the Competition Principles\nAgreement made on 11 April 1995 by the Commonwealth, the\nTerritories and the States, as in force for the time being.\ncompetitive neutrality complaint means a complaint that the conduct\nof a government business activity is not consistent with the\ncompetitive neutrality principles.\ncompetitive neutrality principles means the competitive neutrality\npolicy and principles under the competition principles agreement,\nclause 3 (1) and (4) to (7), as set out in schedule 1.\nconduct, for part 9A (Enforcement of civil penalty provisions)—see\nsection 54A.\nconfidential information means information given to the\ncommission that was, when it was given—\n(a) stated by the person giving it to be confidential or commercially\nsensitive; or\n(b) determined to be contrary to the public interest information\nunder the Freedom of Information Act 2016.\nConsumer Protection Code, for schedule 5 (Civil penalty\nprovisions)—see schedule 5, section 5.1.\ncorresponding offence, in relation to a contravention of a civil\npenalty provision, for part 9A (Enforcement of civil penalty\nprovisions)—see section 54A.\ncourt, for part 9A (Enforcement of civil penalty provisions)—see\nsection 54A.\ncurrent reset principles—see section 20B (2).\ndeclared fee means a fee declared under section 4C.\n\ndetermination means an arbitration determination under section 35.\ndirection, for part 9 (Enforcement of prior directions and arbitration\ndeterminations)— see section 51.\nElectricity Feed-in Code, for schedule 5 (Civil penalty provisions)—\nsee schedule 5, section 5.1.\neligible person, for part 4C (Review of price directions)—see\nsection 24J.\nenergy—see the National Energy Retail Law (ACT), section 2 (1).\nenforcement order—see section 54M (1).\nenforcement order proceeding means a proceeding under\ndivision 9A.4 (Enforcement orders).\nevidential burden, in relation to a matter, for division 9A.6 (Other\nprovisions about liability)—see section 54Y.\nfuture reset principles—see section 20B (3).\ngovernment activity means—\n(a) for a regulatory reference into a competitive neutrality\ncomplaint—the government business activity that is the subject\nof the complaint; or\n(b) for a regulatory reference into a government-regulated\nactivity—that activity.\ngovernment-regulated activity means an activity regulated under an\nAct or a subordinate law.\nindustry includes—\n(a) an industry of any kind (including a business or activity relating\nto goods and services); and\n(b) a particular industry or part of an industry; and\n(c) a group or groups of particular industries.\n\nindustry panel—see section 24M (Industry panel).\nindustry reference—see section 14A.\ninvestigation means an investigation under part 3.\nlaw of the Territory includes—\n(a) the National Electricity (ACT) Law; and\n(b) the National Electricity (ACT) Regulation; and\n(c) the national electricity rules; and\n(d) the National Gas (ACT) Law; and\n(e) the National Gas (ACT) Regulation; and\n(f) the National Energy Retail Law (ACT) Act 2012; and\n(g) the National Energy Retail Law (ACT); and\n(h) the National Energy Retail Regulation (ACT); and\n(i) the national energy retail rules.\nnational electricity rules means the national electricity rules under\nthe National Electricity (ACT) Law.\nnational energy retail rules means the National Energy Retail Rules\nunder the National Energy Retail Law (ACT).\nNERL retailer means a person who holds a retailer authorisation\nunder the National Energy Retail Law (ACT).\nprice includes any rate, fee, levy and charge and any other valuable\nconsideration (however described), but does not include a territory\ntax.\nprice direction—\n(a) for this Act generally, means a direction under section 20 about\nprices for the provision of regulated services, as varied (if at all)\nunder part 4B (Variation of price directions); and\n\n(b) for part 4C (Review of price directions)—see section 24J.\nprice regulation means the regulation of prices in relation to the\nprovision of goods and services within a regulated industry, and\nincludes the variation of a price direction for those prices.\nprice variation trigger—see section 20A (3) (c)).\nreference means a reference to the commission under section 15.\nreferring authority—\n(a) for an industry reference—see section 3A (1); and\n(b) for a regulatory reference—see section 3A (2).\nregulated industry means—\n(a) an industry engaged in the provision in the ACT of a utility\nservice; or\n(b) any other industry declared to be a regulated industry under\nsection 4.\nregulated services means services provided in a regulated industry.\nregulatory reference—see section 19A.\nrelated corporation, of another corporation, means a related body\ncorporate under the Corporations Act.\nreset principles—see section 20B (1).\nresponsible Minister, for an industry or government activity, means\nthe Minister with primary responsibility for regulating the industry or\nactivity.\nrevenue cap—see section 20A (1) (b).\nsealed section, of a final report or a special report of an\ninvestigation—see section 23 (1) (a).\nself-funding referring authority, for a regulatory reference—see\nsection 3A (3).\n\nsenior commissioner means—\n(a) if the commission is constituted by only 1 standing\ncommissioner—the commissioner; or\n(b) if the commission is constituted by more than 1 standing\ncommissioner—the commissioner appointed or nominated as\nsenior commissioner under schedule 2, section 2.1AA.\nstanding commissioner means a commissioner appointed under\nschedule 2, section 2.1.\nthird party, for part 6 (Arbitration of access regime disputes)—see\nsection 30.\ntier 1 civil penalty, for schedule 5 (Civil penalty provisions)—see\ntier 2 civil penalty, for schedule 5 (Civil penalty provisions)—see\ntier 3 civil penalty, for schedule 5 (Civil penalty provisions)—see\nTransparency and Comparability Code, for schedule 5 (Civil penalty\nprovisions)—see schedule 5, section 5.1.\nunsealed section, of a final report or a special report of an\ninvestigation—see section 23 (1) (b).\nutility means—\n(a) a utility within the meaning of the Utilities Act 2000, dictionary;\nor\n(b) a NERL retailer.\n\nutility service means—\n(a) a utility service within the meaning of the Utilities Act 2000,\ndictionary; or\n(b) the activity of selling energy to small customers within the\nmeaning of the National Energy Retail Law (ACT).\nvariation, of a price direction, means—\n(a) a consent variation under division 4B.1; or\n(b) a nonconsent variation under division 4B.2.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThe Independent Competition and Regulatory Commission Act 1997 was originally\nthe Independent Pricing and Regulatory Commission Act 1997. It was renamed by\nthe Independent Competition and Regulatory Commission Amendment Act 2000\nA2000-8 s 5.\nIndependent Competition and Regulatory Commission Act 1997\nA1997-77\nnotified 25 November 1997 (Gaz 1997 No S360)\ncommenced 25 November 1997 (s 2)\nas amended by\nAct 2000 A2000-8\nnotified 23 March 2000 (Gaz 2000 No 12)\ncommenced 23 March 2000 (s 2)\nUtilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 7\nnotified 20 December 2000 (Gaz 2000 No S68)\ns 1, s 2 commenced 20 December 2000 (IA s 10B)\nsch 1 pt 7 commenced 1 January 2001 (Gaz 2000 No S69)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 188\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 188 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nLegislation Amendment Act 2002 A2002-11 pt 2.28\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.28 commenced 28 May 2002 (s 2 (1))\nAct 2003 A2003-50\nnotified LR 25 November 2003\ns 1, s 2 commenced 25 November 2003 (LA s 75 (1))\nremainder commenced 26 November 2003 (s 2)\n\nLegislation history 3\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.20\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.20 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.23\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.23 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2004 A2004-42 sch 3 pt 3.11\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 3 pt 3.11 commenced 25 August 2004 (s 2 (1))\nFinancial Management Legislation Amendment Act 2005 A2005-52\nsch 1 pt 1.10\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 January 2006 (s 2 (2))\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.13\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.13 commenced 23 November 2005 (s 2)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.12\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.12 commenced 11 January 2006 (s 2 (2))\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.20\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.20 commenced 27 December 2007 (s 2)\n\nNational Gas (ACT) Act 2008 A2008-15 sch 2 pt 2.2\nnotified LR 30 June 2008\ns 1, s 2 commenced 30 June 2008 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 July 2008 (s 2 (1) and see National Gas\n(South Australia) Act 2008 (SA), s 7)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.43\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.43 commenced 22 September 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 3) A2009-44 sch 1 pt 1.13\nnotified LR 24 November 2009\ns 1, s 2 commenced 24 November 2009 (LA s 75 (1))\nsch 1 pt 1.13 commenced 22 December 2009 (s 2 (3))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.12\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.12 commenced 28 September 2010 (s 2 (2))\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.24\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.24 commenced 1 March 2011 (s 2)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.31\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.31 commenced 12 December 2011 (s 2)\nNational Energy Retail Law (Consequential Amendments) Act 2012\nA2012-32 pt 10\nnotified LR 14 June 2012\ns 1, s 2 commenced 14 June 2012 (LA s 75 (1))\npt 10 commenced 1 July 2012 (s 2 (1) and see National Energy Retail\nLaw (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)\n\nLegislation history 3\nUtilities (Technical Regulation) Act 2014 A2014-60 sch 2 pt 2.2\nnotified LR 8 December 2014\ns 1, s 2 commenced 8 December 2014 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 March 2015 (s 2 and CN2015-1)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.36\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.36 commenced 14 October 2015 (s 2)\nAct 2016 A2016-34\nnotified LR 21 June 2016\ns 1, s 2 commenced 21 June 2016 (LA s 75 (1))\nremainder commenced 1 July 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.38\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.38 commenced 1 September 2016 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.17\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.17 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nCommercial Arbitration Act 2017 A2017-7 sch 1 pt 1.4\nnotified LR 4 April 2017\ns 1A, s 1B commenced 4 April 2017 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2017 (s 1B and CN2017-1)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\n\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.22\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.22 commenced 23 October 2018 (s 2 (4))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.23\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.23 commenced 24 August 2022 (s 2)\nAct 2024 A2024-25\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\nremainder commenced 19 December 2024 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.96\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.96 commenced 16 December 2025 (s 2 (6))\n\nTitle\ntitle am A2000-8 s 4; A2000-66 sch 1 pt 7\nName of Act\ns 1 sub A2000-8 s 5\ns 2 om A2001-44 amdt 1.2131\nins A2005-52 amdt 1.140\nam A2008-15 amdt 2.4; A2012-32 s 54\nNotes\ns 2A ins A2005-52 amdt 1.140\nJoint ownership, control or operation\ns 2B ins A2005-52 amdt 1.140\nJoint provision of services\ns 3 defs reloc to dict A2005-52 amdt 1.139\nsub A2005-52 amdt 1.140\ndef commission sub A2000-8 s 6\ndef commissioner sub A2000-8 s 6\ndef eligible person ins A2000-66 sch 1 pt 7\ndef function om A2005-52 amdt 1.138\nWho is referring authority?\ns 3A ins A2000-8 s 7\nam A2000-66 sch 1 pt 7; pars renum R2 LA\nRegulated industries—declarations\ns 4 am A2001-44 amdt 1.2132, amdt 1.2133; A2011-3\namdt 3.243; A2025-29 amdt 4.96\nNational electricity rules–electricity distribution and transmission pricing\ns 4A hdg am A2005-62 amdt 3.127\ns 4A ins A2000-66 sch 1 pt 7\nam A2005-62 amdt 3.127, amdt 3.128\nACT gas transmission\ns 4B ins A2000-66 sch 1 pt 7\nam A2008-15 amdt 2.5\nDeclared fees to be passed on to consumers\ns 4C ins A2003-50 s 5\n\nIndependent competition and regulatory commission\npt 2 hdg sub A2000-8 sch 2\nEstablishment\ns 5 am A2004-42 amdts 3.56, 3.57\n(5), (6) exp 25 August 2004 (s 5 (6))\nam A2007-39 amdt 3.75\nConstitution\ns 6 sub A2000-8 s 8\nam A2005-52 amdt 1.141; A2009-44 amdt 1.29\nObjectives\ns 7 am A2000-8 s 9\nFunctions\ns 8 am A2000-8 s 10; A2000-66 sch 1 pt 7; A2005-62 amdt 3.129;\nA2007-39 amdt 3.76, amdt 3.77; A2008-15 amdt 2.6; pars\nrenum R13 LA; A2012-32 s 55\nCommission’s annual report\ns 9 am A2000-66 sch 1 pt 7\nsub A2004-9 amdt 1.28\nIndependence from Ministerial control\ns 10 am A2000-66 sch 1 pt 7\nChief executive officer\ns 10A ins A2005-52 amdt 1.142\nam A2011-52 amdt 3.109\nChief executive officer’s functions\ns 10B ins A2005-52 amdt 1.142\nam A2011-52 amdt 3.110\nCommission’s staff\ns 11 sub A2016-52 amdt 1.105\nDelegation of commission’s functions\ns 13 am A2007-39 amdt 3.78, amdt 3.79\nProtection from liability\ns 14 am A2000-8 sch 2\nsub A2007-39 amdt 3.80\nIndustry references\ndiv 3.1 hdg (prev pt 3 div 1 hdg) ins A2000-8 s 11\nApplication of div 3.1––industry references\ns 14A ins A2000-8 s 11\n\nNature of industry references\ns 15 hdg sub A2000-8 sch 2\ns 15 am A2000-8 sch 2; A2001-44 amdt 1.2134; A2012-32 s 56; ss\nrenum R19 LA; A2016-34 s 4, s 5; ss renum R22 LA;\nA2025-29 amdt 4.96\nIndustry references—current price directions\ns 15A ins A2016-34 s 6\nTerms of industry references\ns 16 hdg sub A2000-8 sch 2\ns 16 am A2000-8 sch 2; A2001-44 amdt 1.2135, amdt 1.2136;\nA2011-3 amdt 3.243; A2016-34 s 7; A2025-29 amdt 4.96\nProcedure for industry reference investigations\ns 17 hdg sub A2000-8 sch 2\ns 17 am A2000-8 sch 2; A2000-66 sch 1 pt 7; ss renum R2 LA;\nA2003-50 s 6; ss renum R4 LA (see A2003-50 s 7);\nA2011-52 amdt 3.117; A2016-34 ss 8-10; ss and pars renum\nR22 LA\nDraft reports––industry reference investigations\ns 18 hdg sub A2000-8 sch 2\ns 18 am A2000-8 sch 2; A2000-66 sch 1 pt 7; A2001-44\namdt 1.2137; ss renum R2 LA (see A2001-44 amdt 1.2138);\nA2009-20 amdt 3.101; A2015-33 amdt 1.115; A2016-34 s 11;\nA2025-29 amdt 4.96\nCosts for industry reference investigations\ns 19 hdg sub A2000-8 sch 2\ns 19 am A2000-8 sch 2; A2000-66 sch 1 pt 7; ss renum R2 LA\nRegulatory references\ndiv 3.2 hdg (prev pt 3 div 2 hdg) ins A2000-8 s 12\nApplication of div 3.2––regulatory references\ns 19A ins A2000-8 s 12\nAcceptance of regulatory references—competitive neutrality complaints\ns 19B ins A2000-8 s 12\nam A2001-44 amdt 1.2139; A2025-29 amdt 4.96\nAcceptance of regulatory references—government-regulated activities\ns 19C ins A2000-8 s 12\nam A2001-44 amdt 1.2140; A2025-29 amdt 4.96\n\nRegulatory references initiated by commission\ns 19D ins A2000-8 s 12\nsub A2001-44 amdt 1.2141\nam A2011-3 amdt 3.233; A2025-29 amdt 4.96\nTerms of regulatory references\ns 19E ins A2000-8 s 12\nAmendment of terms of regulatory reference\ns 19F ins A2000-8 s 12\nsub A2001-44 amdt 1.2142\nTermination of investigations into regulatory references\ns 19G ins A2000-8 s 12\nsub A2001-44 amdt 1.2142\nProcedure for regulatory reference investigations\ns 19H ins A2000-8 s 12\nPrinciples for regulatory reference investigations\ns 19J ins A2000-8 s 12\nam A2003-50 s 8, s 9; A2011-52 amdt 3.117\nCosts for regulatory reference investigations\ns 19K ins A2000-8 s 12\nPrice directions\npt 4 hdg sub A2000-8 sch 2\nObjective—pt 4\ns 19L ins A2016-34 s 12\nDirections about prices\ns 20 am A2000-66 sch 1 pt 7; A2003-50 s 10; ss renum R4 LA (see\nA2003-50 s 11); A2011-52 amdt 3.117; A2012-32 s 57;\nA2016-34 s 13\nPrice regulation provisions\ns 20A ins A2000-66 sch 1 pt 7\nam A2011-3 amdt 3.234, amdt 3.235\nReset principles\ns 20B ins A2000-66 sch 1 pt 7\nEffective dates\ns 20C ins A2000-66 sch 1 pt 7\nam A2016-34 s 14\nPrice direction to continue to remain in force\ns 20D ins A2016-34 s 15\n\nReports of investigations\npt 4A hdg ins A2000-8 sch 2\nFinal reports\ns 21 am A2000-8 s 13; A2000-66 sch 1 pt 7; pars renum R2 LA\nSpecial reports\ns 22 am A2000-8 s 14\nConfidential material in reports\ns 23 sub A2000-8 s 15\nam A2011-52 amdt 3.111\nPresenting of reports to Legislative Assembly\ns 24 sub A2000-8 s 15\nResponse by Minister to report on competitive neutrality complaint\ns 24A ins A2000-8 s 15\nCorrection of errors in reports\ns 24B ins A2000-8 s 15\nVariation of price directions\npt 4B hdg ins A2000-66 sch 1 pt 7\nConsent variations\ndiv 4B.1 hdg (prev pt 4B div 1 hdg) ins A2000-66 sch 1 pt 7\nConsent variations\ns 24C ins A2000-66 sch 1 pt 7\nam A2003-50 s 12; ss renum R4 LA (see A2003-50 s 13);\nA2011-52 amdt 3.117; A2016-34 s 16\nNonconsent variations\ndiv 4B.2 hdg (prev pt 4B div 2 hdg) ins A2000-66 sch 1 pt 7\nReference by referring authority\ns 24D ins A2000-66 sch 1 pt 7\nReference by utility\ns 24E ins A2000-66 sch 1 pt 7\nam A2001-44 amdt 1.2143; A2014-60 amdt 2.4\nCommission-initiated variation\ns 24F ins A2000-66 sch 1 pt 7\nam A2001-44 amdt 1.2143\nPermissible nonconsent variations\ns 24G ins A2000-66 sch 1 pt 7\n\nProcedure for nonconsent price variation investigation\ns 24H ins A2000-66 sch 1 pt 7\nam A2003-50 s 14, s 15; A2011-52 amdt 3.117\nEffect of nonconsent price variations\ns 24I ins A2000-66 sch 1 pt 7\nam A2016-34 s 17\nReview of price directions\npt 4C hdg ins A2000-66 sch 1 pt 7\nDefinitions—pt 4C\ns 24J ins A2000-66 sch 1 pt 7\nam A2016-34 s 18\nRight of review\ns 24K ins A2000-66 sch 1 pt 7\nam A2001-44 amdt 1.2144, amdt 1.2145; A2009-20\namdt 3.101; A2015-33 amdt 1.116; A2016-34 s 19, s 20;\nss renum R22 LA; A2025-29 amdt 4.96\nGrounds for review\ns 24KA ins A2016-34 s 21\nWho are the parties to a review?\ns 24L ins A2000-66 sch 1 pt 7\nIndustry panel\ns 24M ins A2000-66 sch 1 pt 7\nam A2002-11 amdt 2.56; A2016-34 s 22\nApplication for review—preliminary assessment\ns 24MA ins A2016-34 s 23\nNature of review\ns 24N ins A2000-66 sch 1 pt 7\nam A2005-53 amdt 1.67; A2016-34 s 24, s 25\nProcedure for review\ns 24O ins A2000-66 sch 1 pt 7\nam A2016-34 s 26\nApplication for review—commission’s response\ns 24OA ins A2016-34 s 27\nReferral of matters to commission\ns 24P ins A2000-66 sch 1 pt 7\nWitnesses and evidence\ns 24Q ins A2000-66 sch 1 pt 7\n\nFrivolous or vexatious applications\ns 24R ins A2000-66 sch 1 pt 7\nImplementation of price direction under review\ns 24S ins A2000-66 sch 1 pt 7\nam A2016-34 s 28\nEffect of decision\ns 24T ins A2000-66 sch 1 pt 7\nam A2016-34 s 29\nFunctions of commission\ns 24U ins A2000-66 sch 1 pt 7\nCosts\ns 24V ins A2000-66 sch 1 pt 7\nam A2016-34 s 30\nProtection from liability of panel members, parties and representatives\ns 24W ins A2000-66 sch 1 pt 7\nsub A2007-39 amdt 3.81\nInformation to be given to commission following price direction review\ns 24X ins A2016-34 s 31\nApplication—pt 6\ns 31 am A2017-7 amdt 1.5\nArbitrator—appointment and functions\ns 33 am A2000-8 s 16, sch 2; ss renum R2 LA; A2005-53\namdt 1.68, amdt 1.69; A2015-33 amdt 1.117\nArbitration determinations\ns 35 am A2000-8 s 17; A2011-3 amdt 3.236, amdt 3.237\nTermination of arbitration by arbitrator\ns 38 am A2007-39 amdt 3.82\nArbitration procedure—Commercial Arbitration Act\ns 40 am A2000-8 s 18; ss renum R2 LA; A2011-3 amdt 3.238;\nA2017-7 amdts 1.5-1.7\nProvision of information to commission\ns 41 am A2002-11 amdts 2.57-2.59; A2012-32 s 58; ss renum R19\nLA\nInspection of documents\ns 43 sub A2000-8 s 19\n\nConfidential information—disclosure by commissioners and staff\ns 44 hdg sub A2000-8 sch 2\ns 44 am A2007-39 amdt 3.83, amdt 3.84; A2011-3 amdt 3.239;\nA2022-14 amdt 3.119\nConfidential information—notice of proposed disclosure\ns 45 am A2000-8 s 20; paras renum R2 LA\nConfidential information—general disclosure\ns 46 am A2000-8 s 21; A2001-44 amdt 1.2146, amdt 1.2147;\nA2022-14 amdt 3.120, amdt 3.121; A2025-29 amdt 4.96\nRequirement to attend hearing and answer questions\ns 49 sub A2005-53 amdt 1.70\nApplication of Criminal Code, ch 7\ns 50 am A2002-11 amdt 2.60, amdt 2.61; ss renum R3 LA (see\nA2002-11 amdt 2.62)\nsub A2005-53 amdt 1.70\nWitnesses etc protected from civil liability\ns 50A ins A2005-53 amdt 1.70\nOrders\ns 53 am A2001-44 amdt 1.2148; A2025-29 amdt 4.96\nEnforcement of civil penalty provisions\npt 9A hdg ins A2024-25 s 4\nPreliminary\ndiv 9A.1 hdg ins A2024-25 s 4\nDefinitions—pt 9A\ns 54A ins A2024-25 s 4\ndef conduct ins A2024-25 s 4\ndef corresponding offence ins A2024-25 s 4\ndef court ins A2024-25 s 4\nPart does not limit other powers of court\ns 54B ins A2024-25 s 4\nEnforceable undertakings\ndiv 9A.2 hdg ins A2024-25 s 4\nEnforceable undertakings\ns 54C ins A2024-25 s 4\nApplication for enforcement of undertakings\ns 54D ins A2024-25 s 4\nCivil penalty notices\ndiv 9A.3 hdg ins A2024-25 s 4\n\nService of civil penalty notice\ns 54E ins A2024-25 s 4\nContents of civil penalty notice\ns 54F ins A2024-25 s 4\nAmount payable under civil penalty notice\ns 54G ins A2024-25 s 4\nTime for payment of amount\ns 54H ins A2024-25 s 4\nEffect of payment of amount\ns 54I ins A2024-25 s 4\nWithdrawal of civil penalty notice\ns 54J ins A2024-25 s 4\nConduct contravening multiple civil penalty provisions\ns 54K ins A2024-25 s 4\nEffect of civil penalty notice on enforcement order proceeding\ns 54L ins A2024-25 s 4\nEnforcement orders\ndiv 9A.4 hdg ins A2024-25 s 4\nApplication for enforcement order\ns 54M ins A2024-25 s 4\nDeciding civil penalty for enforcement order\ns 54N ins A2024-25 s 4\nEnforcement order proceeding is civil proceeding\ns 54O ins A2024-25 s 4\nProceedings may be heard together\ns 54P ins A2024-25 s 4\nCivil proceeding after criminal proceeding\ns 54Q ins A2024-25 s 4\nCriminal proceeding during civil proceeding\ns 54R ins A2024-25 s 4\nCriminal proceeding after civil proceeding\ns 54S ins A2024-25 s 4\nEvidence given in civil proceeding not admissible in criminal proceeding\ns 54T ins A2024-25 s 4\nConduct contravening multiple civil penalty provisions\ns 54U ins A2024-25 s 4\n\nMultiple contraventions\ns 54V ins A2024-25 s 4\nInjunctions\ndiv 9A.5 hdg ins A2024-25 s 4\nApplication for injunction\ns 54W ins A2024-25 s 4\nDischarging or varying injunctions\ns 54X ins A2024-25 s 4\nOther provisions about liability\ndiv 9A.6 hdg ins A2024-25 s 4\nMeaning of evidential burden—div 9A.6\ns 54Y ins A2024-25 s 4\nAncillary contraventions\ns 54Z ins A2024-25 s 4\nState of mind\ns 54ZA ins A2024-25 s 4\nMistake of fact\ns 54ZB ins A2024-25 s 4\nBurden of proof for exceptions etc\ns 54ZC ins A2024-25 s 4\nExtended liability of corporations\ns 54ZD ins A2024-25 s 4\nLimited liability of individuals\ns 54ZE ins A2024-25 s 4\nExercise of enforcement functions under Utilities Act 2000\ns 54ZF ins A2024-25 s 5\nActs and omissions of representatives\ns 55 sub A2004-15 amdt 1.27\nService of documents\ns 56 am A2018-33 amdt 1.41\nApproved forms\ns 57 sub A2001-44 amdt 1.2149\nRegulation-making power\ns 58 ins A2001-44 amdt 1.2149\nam A2025-29 amdt 4.96\n\nCompetition principles agreement extracts\nsch 1 (prev sch 1A) ins A2000-8 sch 1\nrenum as sch 1 R10 LA\nCompetition principles agreement extracts\nsch 1A renum as sch 1\nCommission appointments and working arrangements\nsch 2 hdg (prev sch 1 hdg) am A2000-8 s 23\nsch 2 (prev sch 1) am A2000-8 s 23, sch 2; ss renum R10 LA\nrenum as sch 2 R10 LA\nam A2007-39 amdts 3.85-3.88; A2009-44 amdt 1.30;\nA2010-30 amdt 1.32; A2022-14 amdt 3.122\nIndustry panels constitution and procedure\nsch 2A renum as sch 3\nIndustry panels constitution and procedure\nsch 3 (prev sch 2A) ins A2000-66 sch 1 pt 7; ss renum R10 LA\nrenum as sch 3 R10 LA\nam A2007-39 amdts 3.89-3.91; A2010-30 amdt 1.33;\nA2016-34 s 32\nArbitration guidelines––competition principles agreement, cl 6 (4) (i), (j)\nand (l)\nsch 4 hdg (prev sch 2 hdg) am A2000-8 sch 2\nsch 4 (prev sch 2 hdg) am A2000-8 sch 2; ss renum R10 LA\nrenum as sch 4 R10 LA\nCivil penalty provisions\nsch 5 ins A2024-25 s 6\nDefinitions—sch 5\nsch 5 s 5.1 ins A2024-25 s 6\ndef adjusted turnover ins A2024-25 s 6\ndef Consumer Protection Code ins A2024-25 s 6\ndef Electricity Feed-in Code ins A2024-25 s 6\ndef tier 1 civil penalty ins A2024-25 s 6\ndef tier 2 civil penalty ins A2024-25 s 6\ndef tier 3 civil penalty ins A2024-25 s 6\ndef Transparency and Comparability Code ins A2024-25 s 6\nMeaning of tier 1 civil penalty, tier 2 civil penalty and tier 3 civil penalty—\nsch 5\nsch 5 s 5.2 ins A2024-25 s 6\nCivil penalty provisions\nsch 5 s 5.3 ins A2024-25 s 6\n\ndict ins A2005-52 amdt 1.143\nam A2008-15 amdt 2.7; A2009-20 amdt 3.102; A2010-30\namdt 1.34; A2011-52 amdt 3.112; A2012-32 s 59; A2015-33\namdt 1.118; A2024-25 s 7\ndef access agreement reloc from s 3 A2005-52 amdt 1.139\ndef access provider ins A2007-39 amdt 3.92\ndef access regime reloc from s 3 A2005-52 amdt 1.139\nam A2011-3 amdt 3.240, amdt 3.241\ndef adjusted turnover ins A2024-25 s 8\ndef assistant commissioner ins A2005-52 amdt 1.143\nom A2009-44 amdt 1.31\ndef associate commissioner ins A2005-52 amdt 1.143\ndef chief executive officer ins A2005-52 amdt 1.143\ndef civil penalty notice ins A2024-25 s 8\ndef civil penalty provision ins A2024-25 s 8\ndef commission ins A2005-52 amdt 1.143\ndef commissioner ins A2005-52 amdt 1.143\ndef commission secretariat ins A2005-52 amdt 1.143\nom A2011-52 amdt 3.113\ndef competition policy considerations ins A2000-8 s 6\ndef competition principles agreement reloc from s 3\nA2005-52 amdt 1.139\ndef competitive neutrality complaint ins A2000-8 s 6\ndef competitive neutrality principles ins A2000-8 s 6\ndef conduct ins A2024-25 s 8\ndef confidential information sub A2000-8 s 6\nam A2016-55 amdt 4.21\ndef Consumer Protection Code ins A2024-25 s 8\ndef corresponding offence ins A2024-25 s 8\ndef court ins A2024-25 s 8\ndef current reset principles ins A2000-66 sch 1 pt 7\ndef declared fee ins A2003-50 s 4\ndef determination reloc from s 3 A2005-52 amdt 1.139\ndef direction ins A2011-3 amdt 3.242\ndef Electricity Feed-in Code ins A2024-25 s 8\ndef eligible person ins A2005-52 amdt 1.143\ndef energy ins A2012-32 s 60\ndef enforcement order ins A2024-25 s 8\ndef enforcement order proceeding ins A2024-25 s 8\n\ndef evidential burden ins A2024-25 s 8\ndef future reset principles ins A2000-66 sch 1 pt 7\ndef Gas Pipelines Access (A.C.T.) Law ins A2000-66 sch 1\npt 7\nom A2008-15 amdt 2.8\ndef Gas Pipelines Access (A.C.T.) Regulations ins\nA2000-66 sch 1 pt 7\nom A2008-15 amdt 2.8\ndef government activity ins A2000-8 s 6\ndef government-regulated activity ins A2000-8 s 6\ndef industry reloc from s 3 A2005-52 amdt 1.139\ndef industry panel ins A2000-66 sch 1 pt 7\ndef industry reference ins A2000-8 s 6\ndef investigation reloc from s 3 A2005-52 amdt 1.139\ndef law of the Territory ins A2000-66 sch 1 pt 7\nam A2005-62 amdt 3.130; A2008-15 amdt 2.9; A2012-32\ns 61\ndef legislation review principles ins A2000-8 s 6\nom A2011-52 amdt 3.114\ndef National Electricity (ACT) Law ins A2000-66 sch 1 pt 7\nom A2011-52 amdt 3.115\ndef National Electricity (ACT) Regulations ins A2000-66\nsch 1 pt 7\nom A2011-52 amdt 3.115\ndef national electricity code ins A2000-66 sch 1 pt 7\nom A2005-62 amdt 3.131\ndef national electricity rules ins A2005-62 amdt 3.132\ndef national energy retail rules ins A2012-32 s 62\ndef national gas code ins A2000-66 sch 1 pt 7\nom A2008-15 amdt 2.10\ndef NERL retailer ins A2012-32 s 62\ndef price reloc from s 3 A2005-52 amdt 1.139\n\ndef price direction sub A2000-66 sch 1 pt 7\nsub A2007-39 amdt 3.93\ndef price regulation sub A2000-66 sch 1 pt 7\ndef price variation trigger ins A2000-66 sch 1 pt 7\ndef protected confidential information ins A2000-8 s 6\nom A2011-52 amdt 3.116\ndef reference reloc from s 3 A2005-52 amdt 1.139\ndef referring authority sub A2000-8 s 6\ndef regulated industry am A2000-66 sch 1 pt 7\ndef regulated services reloc from s 3 A2005-52 amdt 1.139\ndef regulatory reference ins A2000-8 s 6\ndef related corporation ins A2024-25 s 8\ndef reset principles ins A2000-66 sch 1 pt 7\ndef responsible Minister ins A2000-8 s 6\ndef revenue cap ins A2000-66 sch 1 pt 7\ndef sealed section ins A2000-8 s 6\ndef self-funding referring authority ins A2000-8 s 6\ndef senior commissioner ins A2005-52 amdt 1.143\nsub A2009-44 amdt 1.32\ndef standing commissioner ins A2005-52 amdt 1.143\nsub A2009-44 amdt 1.33\ndef third party ins A2007-39 amdt 3.94\ndef tier 1 civil penalty ins A2024-25 s 8\ndef tier 2 civil penalty ins A2024-25 s 8\ndef tier 3 civil penalty ins A2024-25 s 8\ndef Transparency and Comparability Code ins A2024-25 s 8\ndef unsealed section ins A2000-8 s 6\ndef utility ins A2000-66 sch 1 pt 7\nsub A2012-32 s 63\ndef utility service ins A2000-66 sch 1 pt 7\nsub A2012-32 s 63\n\ndef variation ins A2000-66 sch 1 pt 7\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A2000-8 10 April 2000\n2 A2001-44 21 January 2002\n3 A2002-11 30 May 2002\n4 A2003-50 26 November 2003\n5 A2004-15 9 April 2004\n6 A2004-15 13 April 2004\n7 A2004-42 25 August 2004\n8 A2004-42 26 August 2004\n9 A2005-53 23 November 2005\n10 A2005-53 1 January 2006\n11* A2005-62 11 January 2006\n12 A2007-39 27 December 2007\n13 A2008-15 1 July 2008\n14 A2009-20 22 September 2009\n15 A2009-44 22 December 2009\n16 A2010-30 28 September 2010\n17 A2011-3 1 March 2011\n18 A2011-52 12 December 2011\n19 A2012-32 1 July 2012\n20 A2014-60 1 March 2015\n\nEarlier republications 5\nRepublication No Amendments to Republication date\n21 A2015-33 14 October 2015\n22 A2016-34 1 July 2016\n23 A2016-52 1 September 2016\n24 A2017-7 1 July 2017\n25 A2017-14 1 January 2018\n26 A2018-33 23 October 2018\n27 A2022-14 24 August 2022\n28 A2024-25 19 December 2024","sortOrder":142}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s present scope goes beyond simple price‑setting for utilities. It now covers: (a) broad investigative and advisory functions across regulated industries including competitive neutrality and government‑regulated activity reviews (s 8, div 3.2, s 19B–19C); (b) formal registration and notification for access agreements and a public register (pt 5, s 25–29); (c) an arbitration scheme for access disputes with detailed guidelines (pt 6, s 32–36, schedule 4); and (d) an explicit civil enforcement regime with civil penalty notices, enforcement order proceedings and tiered maximum penalties (part 9A, s 54E–54M, schedule 5). These additions (visible in the current Act text) extend the regulator’s remit from pricing to a wider competition, access and enforcement role and introduce court‑based penalty remedies and administrative monetary penalties into the commission’s toolbox (pt 9A, sch 5)."},"complexity_factors":["Multiple overlapping procedural streams: industry references, regulatory references, commission‑initiated references, consent and non‑consent price variations, and independent panel reviews (div 3.1, div 3.2, pt 4B, pt 4C).","Broad discretionary powers combined with detailed procedural safeguards (commission discretion in s 17(8), s 19H(4) paired with consultation/draft report rules s 18 and show‑cause/confidentiality procedures s 45–46).","Interlocking enforcement mechanisms: administrative civil penalty notices, court enforcement orders, injunctions, and enforceable undertakings with tiered penalty schedules (pt 9A, s 54E–54M, sch 5).","Arbitration framework that cross‑references competition principles and national codes and limits (pt 6, s 33, schedule 4; interaction with national electricity/gas rules s 4A–4B).","Complex cost allocation rules for investigations and reviews that vary by referral type and industry status (s 19, s 19K, s 24V).","Governance and appointment rules including standing and associate commissioners, senior commissioner powers, and panels with separate appointment/recusal mechanisms (schedule 2, schedule 3).","Confidentiality regime with criminal penalties and an administratively complex disclosure pathway (s 44–46).","Interplay between Ministerial powers to set terms/directions for particular references and the statutory statement of commission independence (s 10, s 16, s 19E)."],"plain_english_summary":"The Act creates an independent competition and regulatory commission to investigate and regulate pricing, access and related matters for ACT utilities and infrastructure. It gives the commission powers to run investigations, set price directions (caps/formulas), require information, register access agreements, arbitrate access disputes, and enforce compliance with civil penalties and court orders.\n\nThat framework affects Territory government, utilities, third‑party access seekers and consumers by shaping pricing, investment incentives, dispute resolution routes and compliance costs in pursuit of long‑term consumer interests."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":667},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1997 focus on pricing regulation. Major expansions include: 2000 amendments adding competitive neutrality and government-regulated activity investigations; 2000-2001 integration with national electricity and gas frameworks; 2012 incorporation of national energy retail law functions; and 2024 addition of comprehensive civil penalty enforcement (Part 9A). The 2024 amendments in particular transformed enforcement from a simple order-based system to a sophisticated civil penalties regime with tiered penalties, notices, and court processes."},"complexity_factors":["Extensive cross-referencing with national energy laws (National Electricity Law, National Gas Law, National Energy Retail Law) and the Competition Principles Agreement","Multiple overlapping investigation types: industry references, regulatory references, price regulation investigations, competitive neutrality complaints, and access regime arbitrations","Nested conditional logic in price direction variations: consent variations vs nonconsent variations, each with different procedural requirements and limitations","Complex civil penalty enforcement framework with tiered penalties, civil penalty notices, enforcement orders, and interaction with criminal proceedings","Detailed appointment and disqualification rules for commissioners, associate commissioners, and industry panel members across three schedules","Reset principles mechanism for price regulation with current vs future principles and restrictions on variation","Confidential information handling with multi-stage disclosure tests including public interest balancing","Industry panel review process with preliminary assessment, grounds for review, and potential remittal to commission"],"plain_english_summary":"This Act establishes the **Independent Competition and Regulatory Commission (ICRC)** for the ACT—a body that regulates prices, access to infrastructure, and competition in essential services like **water, electricity, gas, and sewerage**.\n\n**What the ICRC does:**\n- **Sets price caps and revenue limits** for utility services to protect consumers from monopoly pricing while ensuring companies can recover reasonable costs\n- **Investigates complaints** about unfair competition where government businesses might have advantages over private competitors (\"competitive neutrality\")\n- **Reviews government-regulated activities** to check if restrictions on competition are justified\n- **Arbitrates disputes** about access to essential infrastructure (like pipelines or power networks) when third parties need to use them\n- **Enforces compliance** through civil penalties, enforceable undertakings, and court orders\n\n**Who it affects:**\n- **Utility companies** (water, electricity, gas, sewerage providers) who must follow price directions and reporting requirements\n- **Consumers** who benefit from regulated prices and protected service standards\n- **Businesses** seeking fair access to infrastructure or complaining about unfair government competition\n- **Government bodies** whose commercial activities are scrutinised for competitive neutrality\n\n**Key features:**\n- The Commission operates **independently** from ministerial control\n- Price directions can be **reviewed by industry panels** if challenged\n- **Three-tier civil penalty system** (up to $11 million for corporations, $553,000 for individuals for serious breaches)\n- **Confidential information protections** with public interest disclosure tests\n- **Integration with national energy laws**—the ICRC also acts as the ACT's jurisdictional regulator under national electricity and gas rules"}},"importantCases":[],"_links":{"self":"/api/acts/independent-competition-and-regulatory-commission-act-1997","history":"/api/acts/independent-competition-and-regulatory-commission-act-1997/history","analysis":"/api/acts/independent-competition-and-regulatory-commission-act-1997/analysis","conflicts":"/api/acts/independent-competition-and-regulatory-commission-act-1997/conflicts","importantCases":"/api/acts/independent-competition-and-regulatory-commission-act-1997/important-cases","documents":"/api/acts/independent-competition-and-regulatory-commission-act-1997/documents"}}