{"id":"utilities-commission-act-2000","name":"Utilities Commission Act 2000","slug":"utilities-commission-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30618,"registerId":"nt-utilities-commission-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Utilities Commission Act 2000","content":"NORTHERN TERRITORY OF AUSTRALIA\nUTILITIES COMMISSION ACT 2000\nAs in force at 1 July 2024\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Object .............................................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Crown to be bound .......................................................................... 2\nPart 2 Utilities Commission of the Northern\nTerritory\n5 Utilities Commission ........................................................................ 2\n6 Powers and functions ...................................................................... 3\n7 Utilities Commission may publish statements, reports and\nguidelines ........................................................................................ 4\n8 Independence .................................................................................. 4\n9 Proceedings of Utilities Commission when constituted by more\nthan one member ............................................................................ 4\n10 Utilities Commissioner ..................................................................... 5\n11 Minister to act as Utilities Commissioner pending first\nappointment ..................................................................................... 6\n12 Associate Utilities Commissioners ................................................... 7\n13 Staff ................................................................................................. 8\n14 Consultants ...................................................................................... 8\n15 Advisory committees ....................................................................... 8\n16 Delegation ....................................................................................... 8\n17 Acting Utilities Commissioner .......................................................... 8\n18 Conflict of interest ............................................................................ 9\n19 Application of money received by Utilities Commission ................. 10\nPart 3 Economic regulation\n20 Determinations by Utilities Commission ........................................ 10\n21 Price regulation determinations ..................................................... 10\n22 Making and effect of determinations .............................................. 11\n23 Enforcement of determinations ...................................................... 12\nPart 4 Industry codes and rules\n24 Codes and rules ............................................................................ 14\n\nUtilities Commission Act 2000 ii\nPart 5 Collection and use of information\n25 Utilities Commission's power to require information ...................... 15\n26 Obligation to preserve confidentiality ............................................. 15\nPart 6 Reviews and appeals\n27 Review by Utilities Commission ..................................................... 17\n28 Appeal ........................................................................................... 19\n29 Exclusion of other challenges to determinations............................ 20\nPart 7 Inquiries and reports\n30 Inquiry by Utilities Commission ...................................................... 20\n31 Minister may refer matter for inquiry .............................................. 20\n32 Notice of inquiry ............................................................................. 21\n33 Conduct of inquiry .......................................................................... 21\n34 Reports .......................................................................................... 22\nPart 8 Miscellaneous\n35 Annual report ................................................................................. 22\n36 False or misleading information ..................................................... 23\n37 Statutory declarations .................................................................... 23\n38 General defence ............................................................................ 23\n40 Continuing offence......................................................................... 23\n41 Immunity from liability .................................................................... 24\n42 Evidence ........................................................................................ 24\n43 Service........................................................................................... 24\n44 Regulations.................................................................................... 25\n45 Savings and transitional ................................................................ 25\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2024\n____________________\nUTILITIES COMMISSION ACT 2000\nAn Act to establish the Utilities Commission and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Utilities Commission Act 2000.\n2 Object\nThe object of this Act is to create an economic regulatory\nframework for regulated industries that promotes and safeguards\ncompetition and fair and efficient market conduct or, in the absence\nof a competitive market, that promotes the simulation of competitive\nmarket conduct and the prevention of the misuse of monopoly\npower.\n3 Definitions\nIn this Act:\nActing Utilities Commissioner means a person appointed as an\nActing Utilities Commissioner under Part 2.\nAssociate Utilities Commissioner means a person appointed as\nan Associate Utilities Commissioner under Part 2.\nlicensed entity means an entity licensed under a relevant industry\nregulation Act.\nNational Electricity (NT) Rules, see section 3(1) of the National\nElectricity (Northern Territory) (National Uniform Legislation)\nAct 2015.\nregulated industry means an industry that is declared to be a\nregulated industry for the purposes of this Act by another Act.\nrelevant industry regulation Act means another Act that declares\nan industry to be a regulated industry for the purposes of this Act\nand includes regulations under that other Act.\n\nPart 2 Utilities Commission of the Northern Territory\nUtilities Commission Act 2000 2\nUtilities Commission means the Utilities Commission of the\nNorthern Territory established by Part 2.\nUtilities Commissioner means the person appointed as the\nUtilities Commissioner under Part 2.\n4 Crown to be bound\n(1) This Act binds the Crown, not only in the right of the Territory but\nalso, so far as the legislative power of the Legislative Assembly\npermits, the Crown in all its other capacities.\n(2) Nothing in this Act makes the Crown liable to be prosecuted for an\noffence.\n(3) Subsection (2) does not apply to an authority of the Territory\ngranted a licence under the Electricity Reform Act 2000.\nPart 2 Utilities Commission of the Northern Territory\n5 Utilities Commission\n(1) The Utilities Commission of the Northern Territory is established.\n(2) The Utilities Commission is constituted:\n(a) by the Utilities Commissioner; or\n(b) if a person is appointed as an Associate Utilities\nCommissioner under section 12 – by the Utilities\nCommissioner and the Associate Utilities Commissioner.\n(3) The Utilities Commission:\n(a) is a body corporate;\n(b) has perpetual succession and a common seal;\n(c) is capable of suing and being sued in its corporate name; and\n(d) has the functions assigned by or under this or any other Act or\nconferred by the Minister.\n(4) The Utilities Commission has all the powers of a natural person\ntogether with powers conferred on the Utilities Commission by or\nunder this or any other Act.\n\nPart 2 Utilities Commission of the Northern Territory\nUtilities Commission Act 2000 3\n6 Powers and functions\n(1) The Utilities Commission has the following functions:\n(a) to regulate prices charged by government and other\nbusinesses for providing certain monopoly services and for\nproviding services in regulated industries as required under\nrelevant industry regulation Acts;\n(b) to perform licensing functions under relevant industry\nregulation Acts;\n(c) to develop, monitor and enforce compliance with and promote\nimprovement in standards and conditions of service and\nsupply under relevant industry regulation Acts;\n(d) to make, monitor the operation of, and review from time to\ntime, codes and rules relating to the conduct or operations of a\nregulated industry or licensed entities under relevant industry\nregulation Acts;\n(e) to investigate and help resolve complaints relating to the\nconduct or operations of licensed entities under relevant\nindustry regulation Acts;\n(f) to provide and require consumer consultation processes in\nregulated industries and to protect and assist consumers and\nothers with information and other services;\n(g) to advise the Minister on any matter referred by the Minister;\n(ga) to perform any function assigned to the Utilities Commission\nunder the National Electricity (NT) Rules;\n(h) to perform any other function assigned by or under this or any\nother Act or conferred by the Minister.\n(2) In performing the Utilities Commission's functions, the Utilities\nCommission must have regard to the need:\n(a) to promote competitive and fair market conduct;\n(b) to prevent misuse of monopoly or market power;\n(c) to facilitate entry into relevant markets;\n(d) to promote economic efficiency;\n(e) to ensure consumers benefit from competition and efficiency;\n\nPart 2 Utilities Commission of the Northern Territory\nUtilities Commission Act 2000 4\n(f) to protect the interests of consumers with respect to reliability\nand quality of services and supply in regulated industries;\n(g) to facilitate maintenance of the financial viability of regulated\nindustries; and\n(h) to ensure an appropriate rate of return on regulated\ninfrastructure assets.\n(3) The Utilities Commission has the power to do all things that are\nnecessary or convenient to be done for or in connection with or\nincidental to the performance of its functions under this or another\nAct.\n7 Utilities Commission may publish statements, reports and\nguidelines\nThe Utilities Commission may publish statements, reports and\nguidelines relating to the performance of the Utilities Commission's\nfunctions.\n8 Independence\nExcept as provided by or under this Act, the Utilities Commission is\nnot subject to the control or direction of the Minister in respect of\nthe content of any determination, order or decision made by it under\nthis Act.\n9 Proceedings of Utilities Commission when constituted by\nmore than one member\n(1) If the Utilities Commission is constituted under section 5(2)(b), then\nthis section applies.\n(2) The Utilities Commission may hold meetings when and where it\ndecides.\n(3) The Utilities Commissioner is the chairperson of the Utilities\nCommission.\n(4) The Utilities Commissioner:\n(a) may call a meeting of the Utilities Commission at any time;\nand\n(b) must call a meeting if requested to do so by another member.\n(5) At a meeting of the Utilities Commission:\n(a) a majority of the members constitute a quorum;\n\nPart 2 Utilities Commission of the Northern Territory\nUtilities Commission Act 2000 5\n(b) a question is decided by a majority of the members present\nand voting; and\n(c) a member present at the meeting has a vote on each question\nto be decided and, if the votes are equal, the chairperson has\na casting vote.\n(6) In all other respects, the Utilities Commission may conduct its\nproceedings (including its meetings) in the way it considers\nappropriate.\n10 Utilities Commissioner\n(1) The Administrator may appoint a person who is qualified for\nappointment because of the person's knowledge of, or experience\nin, one or more of the fields of industry, commerce, economics, law\nor public administration to be the Utilities Commissioner.\n(2) The Utilities Commissioner is to be appointed:\n(a) for a term of 5 years or, in the case of the first appointment\nmade after the commencement of this Act, for a term of\n4 years; and\n(b) on terms and conditions as to remuneration and other matters\ndetermined by the Administrator.\n(3) The Utilities Commissioner may be appointed on a full-time or a\npart-time basis.\n(4) At the expiration of a term of office, the Utilities Commissioner may\nbe re-appointed.\n(5) The conditions of office of the Utilities Commissioner must not,\nwithout the consent of the Utilities Commissioner, be varied while\nthe Utilities Commissioner is in office so as to become less\nfavourable to the Utilities Commissioner.\n(6) If the Utilities Commissioner is appointed on a full-time basis, he or\nshe must not engage in any other remunerated employment without\nthe consent of the Minister.\n(7) The office of the Utilities Commissioner becomes vacant if the\nUtilities Commissioner:\n(a) resigns by written notice to the Administrator or is not\nre-appointed at the end of a term of office;\n(b) is removed from office under this section;\n\nPart 2 Utilities Commission of the Northern Territory\nUtilities Commission Act 2000 6\n(c) is convicted of an indictable offence or sentenced to\nimprisonment for an offence;\n(d) becomes bankrupt or applies to take the benefit of a law for\nthe relief of bankrupt or insolvent debtors; or\n(e) becomes a member, or a candidate for election as a member,\nof the Legislative Assembly or of the parliament of the\nCommonwealth or a State or another Territory of the\nCommonwealth.\n(8) The Administrator may suspend the Utilities Commissioner from\noffice for:\n(a) misconduct;\n(b) physical or mental incapacity to perform satisfactorily the\nUtilities Commissioner's functions; or\n(c) material contravention of or failure to comply with the\nrequirements of this or any other Act.\n(9) The Minister must table a statement of the ground for suspending\nthe Utilities Commissioner in the Legislative Assembly within\n6 sitting days of the Assembly after the suspension.\n(10) If a statement has been tabled in the Legislative Assembly under\nsubsection (9), the Assembly may, within 6 sitting days of the\nAssembly, by resolution, declare that the Utilities Commissioner\nought to be restored to office and the Administrator must terminate\nthe suspension.\n(11) If, at the expiration of the 6 sitting days of the Legislative Assembly,\nthe Assembly has not passed a resolution under subsection (10),\nthe Administrator must remove the Utilities Commissioner from\noffice.\n(12) The Utilities Commissioner may only be removed or suspended\nfrom office as provided in this section.\n11 Minister to act as Utilities Commissioner pending first\nappointment\nThe Minister may act in the office of the Utilities Commissioner until\nthe first appointment of a person to the office under this Act and\nhas, while acting, all the functions and powers of the Utilities\nCommissioner.\n\nPart 2 Utilities Commission of the Northern Territory\nUtilities Commission Act 2000 7\n12 Associate Utilities Commissioners\n(1) The Minister may appoint persons who are qualified for\nappointment because of their knowledge of, or experience in, one\nor more of the fields of industry, commerce, economics, law or\npublic administration to be Associate Utilities Commissioners.\n(2) An Associate Utilities Commissioner is to be appointed on terms\nand conditions determined by the Minister.\n(3) An Associate Utilities Commissioner may be appointed on a full-\ntime or part-time basis and for the term that the Minister\ndetermines.\n(4) If an Associate Utilities Commissioner is appointed on a full-time\nbasis, he or she must not engage in any other remunerated\nemployment without the consent of the Minister.\n(5) An Associate Utilities Commissioner may, at any time, resign by\nwritten notice to the Minister.\n(6) The Administrator may suspend an Associate Utilities\nCommissioner from office for:\n(a) misconduct;\n(b) physical or mental incapacity to perform satisfactorily the\nAssociate Utilities Commissioner's functions; or\n(c) material contravention of or failure to comply with the\nrequirements of this or any other Act.\n(7) The Minister must table a statement of the ground for suspending\nthe Associate Utilities Commissioner in the Legislative Assembly\nwithin 6 sitting days of the Assembly after the suspension.\n(8) If a statement has been tabled in the Legislative Assembly under\nsubsection (7), the Assembly may, within 6 sitting days of the\nAssembly, by resolution, declare that the Associate Utilities\nCommissioner ought to be restored to office and the Administrator\nmust terminate the suspension.\n(9) If, at the expiration of the 6 sitting days of the Legislative Assembly,\nthe Assembly has not passed a resolution under subsection (8), the\nAdministrator must remove the Associate Utilities Commissioner\nfrom office.\n(10) An Associate Utilities Commissioner may only be removed or\nsuspended from office as provided in this section.\n\nPart 2 Utilities Commission of the Northern Territory\nUtilities Commission Act 2000 8\n13 Staff\nThe staff of the Utilities Commission (other than Associate Utilities\nCommissioners) is to comprise employees, within the meaning of\nthe Public Sector Employment and Management Act 1993,\nassigned to assist the Utilities Commission.\n14 Consultants\nThe Utilities Commission may engage consultants on terms and\nconditions considered appropriate by the Utilities Commission.\n15 Advisory committees\nThe Utilities Commission may establish advisory committees to\nprovide advice on specified aspects of the Utilities Commission's\nfunctions under this Act or any other Act.\n16 Delegation\n(1) The Utilities Commission may delegate any of its powers and\nfunctions under this Act other than this power of delegation.\n(2) A delegation under this section may be to an Associate Utilities\nCommissioner or to any person or body of persons that is, in the\nUtilities Commission's opinion, competent to exercise the relevant\npowers or perform the relevant functions.\n(3) A delegation under this section to a person may be to a named\nperson or to a person from time to time holding, acting in or\nperforming the duties of an office, designation or position.\n(4) A power or function delegated under this section when exercised or\nperformed by the delegate is to be taken to have been exercised or\nperformed by the Utilities Commission.\n(5) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Utilities Commission.\n(6) A delegation under this section:\n(a) is to be in writing; and\n(b) may be conditional or unconditional.\n17 Acting Utilities Commissioner\n(1) The Administrator may appoint an Acting Utilities Commissioner to\nact in the office of the Utilities Commissioner.\n\nPart 2 Utilities Commission of the Northern Territory\nUtilities Commission Act 2000 9\n(2) An Acting Utilities Commissioner may act in the office of the Utilities\nCommissioner:\n(a) while:\n(i) the Utilities Commissioner is unable to perform official\nfunctions; or\n(ii) the office of the Utilities Commissioner is vacant,\nbut not on a continuous basis for more than 6 months; or\n(b) if the Utilities Commissioner is disqualified from acting in\nrelation to a particular matter – in relation to that matter.\n(3) The terms and conditions of appointment of an Acting Utilities\nCommissioner are to be determined by the Administrator.\n18 Conflict of interest\n(1) The Utilities Commissioner, an Acting Utilities Commissioner or\nAssociate Utilities Commissioner or a delegate of the Utilities\nCommission must inform the Minister in writing of:\n(a) any direct or indirect interest that the person has or acquires in\nany business, or in any body corporate carrying on business,\nin Australia or elsewhere; or\n(b) any other direct or indirect interest that the person has or\nacquires that conflicts or may conflict with the person's\nfunctions.\n(2) The Utilities Commissioner, Acting Utilities Commissioner or\nAssociate Utilities Commissioner or delegate must take steps to\nresolve a conflict or possible conflict between a direct or indirect\ninterest and the person's functions in relation to a particular matter,\nand, unless the conflict is resolved to the Minister's satisfaction, the\nUtilities Commissioner, Acting Utilities Commissioner or Associate\nUtilities Commissioner or delegate is disqualified from acting in\nrelation to the matter.\n(3) This section does not apply if the interest is as a result of the supply\nof goods or services that are available to members of the public on\nthe same terms and conditions.\n(4) A failure to comply with this section does not affect the validity of an\nact or decision of the Utilities Commission.\n\nPart 3 Economic regulation\nUtilities Commission Act 2000 10\n19 Application of money received by Utilities Commission\nExcept as otherwise directed by the Treasurer, fees or other\namounts received by the Utilities Commission under this or any\nother Act will be paid into the Central Holding Authority.\nPart 3 Economic regulation\n20 Determinations by Utilities Commission\n(1) The Utilities Commission may in respect of a regulated industry\nmake determinations relating to:\n(a) prices for goods and services;\n(b) standards and conditions of service and supply;\n(c) licensing;\n(d) market conduct; and\n(e) other economic regulatory matters.\n(2) The Utilities Commission can only make a determination if\nauthorised by a relevant industry regulation Act or by regulations\nunder this Act.\n21 Price regulation determinations\n(1) Subject to the requirements imposed by the relevant industry\nregulation Act or by regulations under this Act, a determination\nunder section 20(1)(a) may regulate prices in any manner that the\nUtilities Commission considers appropriate including:\n(a) fixing a price or the rate of increase or decrease in a price;\n(b) fixing a maximum price or maximum rate of increase or\nminimum rate of decrease in a maximum price;\n(c) fixing an average price for specified goods or services or an\naverage rate of increase or decrease in an average price;\n(d) specifying pricing policies or principles;\n(e) specifying an amount determined by reference to a general\nprice index, the cost of production, a rate of return on assets\nemployed or any other specified factor;\n\nPart 3 Economic regulation\nUtilities Commission Act 2000 11\n(f) specifying an amount determined by reference to quantity,\nlocation, period or other specified factor relevant to the supply\nof goods or services; and\n(g) fixing a maximum revenue, or maximum rate of increase or\nminimum rate of decrease in maximum revenue, in relation to\nspecified goods or services.\n(2) In making a determination under section 20(1)(a), the Utilities\nCommission must (in addition to having regard to the general\nfactors specified in Part 2) have regard to:\n(a) the costs of making, producing or supplying the goods or\nservices;\n(b) the costs of complying with laws or regulatory requirements;\n(c) the return on assets in the regulated industry;\n(d) any relevant interstate and international benchmarks for\nprices, costs and return on assets in comparable industries;\n(e) the financial implications of the determination;\n(f) any factors specified by a relevant industry regulation Act or\nby regulations under this Act; and\n(g) any other factors that the Utilities Commission considers\nrelevant.\n(3) Subsections (1) and (2) have effect in relation to a regulated\nindustry subject to the provisions of the relevant industry regulation\nAct for that industry.\n(4) In this section, price includes a price range.\n22 Making and effect of determinations\n(1) Before making a determination under this Part, the Utilities\nCommission may send a copy of a draft of the determination:\n(a) to the Minister;\n(b) to each licensed entity to which the determination will apply;\nand\n(c) to any other person the Utilities Commission considers\nappropriate.\n\nPart 3 Economic regulation\nUtilities Commission Act 2000 12\n(2) A determination is to include a summary of the information on which\nthe determination is based and a statement of the reasons for\nmaking the determination.\n(3) The Utilities Commission must:\n(a) send a copy of a determination:\n(i) to the Minister;\n(ii) to each licensed entity to which the determination\napplies; and\n(iii) to any person who made a submission to an inquiry to\nwhich the determination relates and who has asked for a\ncopy of the determination; and\n(b) ensure that copies of the determination are available for\ninspection and purchase by members of the public.\n(4) Notice of the making of a determination is to be published:\n(a) in the Gazette; and\n(b) in a newspaper circulating generally in the Territory.\n(5) The notice is to include a brief description of the nature and effect\nof the determination, details of when the determination takes effect\nand how a copy of the determination may be inspected or\npurchased.\n(6) A determination takes effect on the date on which notice of its\nmaking is published in the Gazette or a later date of\ncommencement specified in the determination.\n(7) A determination has effect until it is revoked or until an expiry date\nspecified in the determination.\n(8) A licensed entity must comply with a determination that applies in\nwhole or in part to the entity.\n(9) A determination may be varied or revoked by subsequent\ndetermination.\n23 Enforcement of determinations\n(1) If the Utilities Commission forms the opinion that a person is\ncontravening or is likely to contravene a determination of the\nUtilities Commission under this Part and that the contravention is\nnot of a trivial nature, the Utilities Commission may, by written\n\nPart 3 Economic regulation\nUtilities Commission Act 2000 13\norder, require the person to comply with the determination.\n(2) An order may be a provisional order or a final order.\n(3) Unless withdrawn earlier by the Utilities Commission, a provisional\norder has effect for a period of 7 days commencing on the day that\nit is served.\n(4) The Utilities Commission may serve another provisional order on\nthe expiry of a preceding provisional order.\n(5) If the Utilities Commission has made a provisional order, the\nUtilities Commission must not make a final order if the person has\ngiven an undertaking to comply with the determination and the\nUtilities Commission has accepted the undertaking.\n(6) The Utilities Commission must not make a final order unless the\nUtilities Commission has:\n(a) given the person at least 28 days notice of the intention to do\nso;\n(b) given the person the opportunity to make a submission in\nrespect of the order; and\n(c) considered any submission or other objection to the order\nreceived by the Utilities Commission.\n(7) The Utilities Commission must as soon as possible after serving a\nprovisional order or a final order on a person publish a copy of the\norder in the Gazette.\n(8) A person must comply with:\n(a) a provisional order or a final order served on the person under\nthis section; or\n(b) an undertaking given by the person and accepted by the\nUtilities Commission under this section.\nMaximum penalty: 2 500 penalty units.\n(9) If a person profits from a contravention of subsection (8), the\nUtilities Commission may recover an amount equal to the profit\nfrom the person:\n(a) on application to the court that finds the person guilty of an\noffence under that subsection; or\n(b) by action in a court of competent jurisdiction.\n\nPart 4 Industry codes and rules\nUtilities Commission Act 2000 14\nPart 4 Industry codes and rules\n24 Codes and rules\n(1) The Utilities Commission may make codes or rules relating to the\nconduct or operations of a regulated industry or licensed entities.\n(2) The Utilities Commission may only make a code or rules under\nsubsection (1) if authorised to do so by the relevant industry\nregulation Act or by regulations under this Act.\n(3) The Utilities Commission may vary or revoke a code or rules.\n(4) The Utilities Commission must, before making, varying or revoking\na code or rules, consult with the Minister and representative bodies\nand participants in the regulated industry that the Utilities\nCommission considers appropriate.\n(5) A code or rules may apply or incorporate, wholly or partially and\nwith or without modification, a document referred to in the code or\nrules, as in force from time to time or as in force at a particular time.\n(6) The Utilities Commission must:\n(a) give notice of the making, variation or revocation of a code or\nrules:\n(i) to the Minister; and\n(ii) to each licensed entity to which the code or rules apply;\nand\n(b) ensure that copies of the code or rules (as in force from time\nto time) are available for inspection and purchase by members\nof the public.\n(7) Notice of the making of a code or rules, or the variation or\nrevocation of a code or rules, is to be published in the Gazette.\n(8) A code or rule, or variation or revocation of a code or rule, takes\neffect on the date on which it is notified in the Gazette or a later\ndate specified by the Utilities Commission in the code or rules.\n(9) The Utilities Commission must keep the contents and operation of\ncodes and rules under review with a view to ensuring their\ncontinued relevance and effectiveness.\n\nPart 5 Collection and use of information\nUtilities Commission Act 2000 15\nPart 5 Collection and use of information\n25 Utilities Commission's power to require information\n(1) The Utilities Commission may, by written notice, require a person to\ngive the Utilities Commission, within a time and in a manner stated\nin the notice (which must be reasonable), information in the\nperson's possession that the Utilities Commission reasonably\nrequires for the performance of the Utilities Commission's functions\n(including the holding of an inquiry under Part 7).\n(2) A person required to give information under this section must\nprovide the information within the time and in the manner stated in\nthe notice.\nMaximum penalty: 500 penalty units.\n(3) A person cannot be compelled to give information under this\nsection if the information might tend to incriminate the person of an\noffence or make the person liable to pay a penalty.\n(4) A person must not:\n(a) threaten, intimidate or coerce another person; or\n(b) take, threaten to take, incite or be involved in any action that\ncauses another person to suffer any loss, injury or\ndisadvantage,\nbecause that other person complied, or intends to comply, with a\nrequirement made under this section.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(5) A person is not liable in any way for any loss, damage or injury\nsuffered by another person because of his or her giving information\nunder this section.\n26 Obligation to preserve confidentiality\n(1) Information gained under this Act or a relevant industry regulation\nAct that:\n(a) could affect the competitive position of a licensed entity or\nother person; or\n(b) is commercially sensitive for some other reason,\n\nPart 5 Collection and use of information\nUtilities Commission Act 2000 16\nis, for the purposes of this Act, confidential information and a\nperson performing a function under this Act or a relevant industry\nregulation Act is guilty of an offence if the person discloses the\ninformation otherwise than as authorised under this section.\nMaximum penalty: 500 penalty units.\n(2) Confidential information may be disclosed if:\n(a) the disclosure is made to another person who is also\nperforming a function under this Act or a relevant industry\nregulation Act;\n(b) the disclosure is made with the consent of the person who\ngave the information or to whom the information relates;\n(c) the disclosure is authorised or required under any Act or law;\n(d) the disclosure is authorised or required by a court or tribunal\nconstituted by law; or\n(e) the disclosure is authorised by regulations.\n(3) If a person, when giving information to the Utilities Commission in\nresponse to a notice under this Part, claims that the information is\nconfidential information, the Utilities Commission must, before\ndisclosing the information, give the person written notice of the\nproposed disclosure and the reasons for the disclosure.\n(4) If the Utilities Commission considers, when given information in\nresponse to a notice under this Part, that a person to whom the\ninformation relates may claim that the information is confidential\ninformation, the Utilities Commission must, before disclosing the\ninformation, give the person written notice of the proposed\ndisclosure and the reasons for the disclosure.\n(5) A person exercising a power or performing a function under this Act\nor a relevant industry regulation Act must not use confidential\ninformation for the purpose of securing a private benefit for himself\nor herself or for some other person.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n\nPart 6 Reviews and appeals\nUtilities Commission Act 2000 17\nPart 6 Reviews and appeals\n27 Review by Utilities Commission\n(1) An application may be made to the Utilities Commission:\n(a) by the Minister or by a licensed entity to which or a person to\nwhom the determination applies – for a review of a\ndetermination of the Utilities Commission;\n(b) by a person who has been required by written notice under\nPart 5 to give information to the Utilities Commission – for a\nreview of the decision of the Utilities Commission to make the\nrequirement; or\n(c) by a person who has been given written notice under Part 5 of\nthe proposed disclosure of information – for a review of the\ndecision of the Utilities Commission to disclose the\ninformation.\n(2) An application cannot be made under subsection (1)(a) in respect\nof a determination:\n(a) that may be reviewed under the relevant industry regulation\nAct under which it was made; or\n(b) that is declared to be final under the relevant industry\nregulation Act under which it was made.\n(3) An application for a review is to:\n(a) be in writing;\n(b) set out the determination or part of the determination, or the\ndecision, to which the application relates;\n(c) set out in detail the grounds on which the applicant seeks\nreview and the decision sought on the review;\n(d) be accompanied by any information that the applicant\nconsiders should be taken into account by the Utilities\nCommission on the review; and\n(e) be lodged with the Utilities Commission within 28 days after\nthe determination is published or after receipt of the written\nnotice referred to in subsection (1) (as the case requires).\n\nPart 6 Reviews and appeals\nUtilities Commission Act 2000 18\n(4) If an application is made for a review of a determination of the\nUtilities Commission:\n(a) the Utilities Commission must give a copy of the application to\neach other person who could also have applied for review of\nthe determination; and\n(b) invite the person to join as a party to the review and make\nsubmissions on the matter the subject of the review in a\nmanner and within a period specified by the Utilities\nCommission.\n(5) The Utilities Commission may stay the operation of the\ndetermination or decision to which the application relates.\n(6) If a determination is stayed, the Utilities Commission must cause\nnotice of the stay of the determination:\n(a) to be given to the Minister and to each licensed entity to which\nthe determination applies; and\n(b) to be published in the Gazette.\n(7) A review is to be decided within 6 weeks of the application being\nlodged with the Utilities Commission.\n(8) If a review is not decided within that period, the Utilities\nCommission is to be taken to have confirmed the determination or\ndecision.\n(9) After considering the application, the Utilities Commission may\nconfirm, vary or substitute the determination or decision.\n(10) The Utilities Commission must give the applicant and any other\nperson who joins as a party to the review written notice of the\nUtilities Commission's decision, and the reasons for the decision,\non the review.\n(11) If the Utilities Commission decides on a review of a determination to\nvary or substitute the determination, the Utilities Commission must\nvary or substitute the determination by a further determination but\nthat further determination may not be made the subject of an\napplication for a review under this section.\n\nPart 6 Reviews and appeals\nUtilities Commission Act 2000 19\n28 Appeal\n(1) The applicant to a review under this Part, or any other party to the\nreview who made submissions on the review, may appeal to the\nSupreme Court against the decision of the Utilities Commission on\nthe review (including a further determination made in consequence\nof the decision).\n(2) An appeal may only be made on the grounds that:\n(a) there has been bias; or\n(b) the facts on which the decision is based have been\nmisinterpreted in a material respect.\n(3) An appeal is to be made:\n(a) within 14 days after the written notice of the decision appealed\nagainst is received; or\n(b) if the Utilities Commission failed to make a decision on the\nreview within the allowed period – within 14 days after the end\nof that period.\n(4) The time for making an appeal cannot be extended.\n(5) If an appeal is made under this section, any other party to the\nreview who made submissions on the review is to be given notice of\nthe appeal and may, on application, be joined as a party to the\nappeal.\n(6) The Utilities Commission or the Supreme Court may stay the\noperation of a determination or decision to which the appeal relates.\n(7) If a determination is stayed, the Utilities Commission or the\nSupreme Court, as the case may be, must cause notice of the stay\nof the determination:\n(a) to be given to the Minister and to each licensed entity to which\nthe determination applies; and\n(b) to be published in the Gazette.\n(8) On an appeal, the Supreme Court is only to consider the\ninformation on which the Utilities Commission based the\ndetermination or decision that was the subject of the review and\nany information put before the Utilities Commission on the review.\n\nPart 7 Inquiries and reports\nUtilities Commission Act 2000 20\n(9) On an appeal, the Supreme Court may:\n(a) confirm the decision under appeal; or\n(b) return the matter to the Utilities Commission with directions\nthe Court considers appropriate.\n29 Exclusion of other challenges to determinations\nThe validity of a determination or decision of the Utilities\nCommission cannot be challenged in a prosecution or other\nproceedings concerning non compliance with the determination or\ndecision or by any other proceedings apart from a review or appeal\nunder this Part.\nPart 7 Inquiries and reports\n30 Inquiry by Utilities Commission\nThe Utilities Commission may, after consulting with the Minister,\nconduct an inquiry if the Utilities Commission considers an inquiry is\nnecessary or desirable for the purpose of carrying out the Utilities\nCommission's functions.\n31 Minister may refer matter for inquiry\n(1) The Utilities Commission must conduct an inquiry into any matter\nthat the Minister, by written notice, refers to the Utilities\nCommission.\n(2) The written notice is to specify the terms of reference for the\ninquiry.\n(3) The Minister may:\n(a) require that a report on the inquiry be delivered to the Minister\nwithin a specified period;\n(b) require the Utilities Commission to make a draft report publicly\navailable or available to specified persons or bodies during the\ninquiry;\n(c) require the Utilities Commission to consider specified matters;\nand\n(d) give the Utilities Commission specific directions in respect of\nthe conduct of the inquiry.\n\nPart 7 Inquiries and reports\nUtilities Commission Act 2000 21\n(4) The Minister may, by written notice, vary the terms of reference or a\nrequirement or direction under subsection (3).\n32 Notice of inquiry\n(1) The Utilities Commission must, after notifying the Minister, publish\nnotice of an inquiry in a newspaper circulating generally in the\nTerritory.\n(2) The notice is to specify:\n(a) the purpose of the inquiry;\n(b) the period during which the inquiry is to be held;\n(c) the period within which, and the form in which, members of the\npublic may make submissions, including details of public\nhearings; and\n(d) the matters that the Utilities Commission would like\nsubmissions to deal with.\n(3) If the inquiry relates to a matter referred to the Utilities Commission\nby the Minister, the notice must include the terms of reference and\nany requirements or directions of the Minister relating to the inquiry.\n(4) The Utilities Commission must publish a further notice if the\nMinister varies the terms of reference or any requirement or\ndirection relating to the inquiry.\n(5) The Utilities Commission must send a copy of a notice published\nunder this section to licensed entities in the regulated industry\nconcerned and any person or body that the Utilities Commission\nconsiders should be notified.\n33 Conduct of inquiry\n(1) Subject to any requirement or direction of the Minister under this\nPart, an inquiry:\n(a) may be conducted in any manner that the Utilities Commission\nconsiders appropriate; and\n(b) may (but need not) involve public hearings.\n(2) The Utilities Commission is not bound by the rules of evidence\nwhen conducting an inquiry.\n\nPart 8 Miscellaneous\nUtilities Commission Act 2000 22\n(3) The power of the Utilities Commission under Part 5 to require the\ngiving of information includes, for the purposes of an inquiry, the\npower to require that a person attend before the Utilities\nCommission to give information.\n34 Reports\n(1) The Utilities Commission must deliver a copy of the Utilities\nCommission's final report on an inquiry to the Minister.\n(2) The Utilities Commission may during the course of an inquiry\ndeliver a special report to the Minister on any matter that the\nUtilities Commission considers should be the subject of a special\nreport.\n(3) The Utilities Commission must identify in a report any information\ncontained in the report that the Utilities Commission considers is\nconfidential information in accordance with Part 5.\n(4) The Minister must cause a copy of a report (excluding any\ninformation identified under subsection (3) as confidential\ninformation) to be tabled in the Legislative Assembly within 6 sitting\ndays after receiving the report.\n(5) The Minister must, after a report has been tabled in the Legislative\nAssembly or, if the Legislative Assembly is not sitting, within\n28 days after receiving a report, ensure that copies of the report\n(excluding any information identified under subsection (3) as\nconfidential information) are available for public inspection.\n(6) After the Minister has made a report publicly available, the Utilities\nCommission must ensure that copies (excluding any information\nidentified under subsection (3) as confidential information) are\navailable for purchase by members of the public.\n(7) If information is excluded from a report as being confidential\ninformation, a note to that effect must be included in the report at\nthe place in the report from which the information is excluded.\nPart 8 Miscellaneous\n35 Annual report\n(1) The Utilities Commission must, within 3 months after the end of\neach financial year, deliver to the Minister a report on the\nadministration of this Act during that financial year.\n(2) The Minister must cause a copy of the report to be tabled in the\nLegislative Assembly within 6 sitting days after receiving the report.\n\nPart 8 Miscellaneous\nUtilities Commission Act 2000 23\n36 False or misleading information\nA person must not make a statement that is false or misleading in a\nmaterial particular (whether by reason of the inclusion or omission\nof any particular) in any information given under this Act.\nMaximum penalty: If the person made the statement knowing\nthat it was false or misleading – 200 penalty\nunits or imprisonment for 2 years.\nIn any other case – 100 penalty units.\n37 Statutory declarations\nIf a person is required by or under this Act to give information to the\nUtilities Commission, the Utilities Commission may require that the\ninformation be verified by statutory declaration and, in that event,\nthe person will not be taken to have given the information as\nrequired unless it has been verified in accordance with the\nrequirements of the Utilities Commission.\n38 General defence\nIt is a defence to a charge of an offence against this Act if the\ndefendant proves that the offence was not committed intentionally\nand did not result from any failure on the part of the defendant to\ntake reasonable care to avoid the commission of the offence.\n40 Continuing offence\n(1) A person found guilty of an offence against a provision of this Act in\nrespect of a continuing act or omission:\n(a) is liable, in addition to the penalty otherwise applicable to the\noffence, to a penalty for each day during which the act or\nomission continued of not more than one-fifth of the penalty\nprescribed for that offence; and\n(b) is, if the act or omission continues after the finding of guilt,\nguilty of a further offence against the provision and liable, in\naddition to the penalty otherwise applicable to the further\noffence, to a penalty for each day during which the act or\nomission continued after the conviction of not more than\none-fifth of the penalty prescribed for the offence.\n(2) If an offence consists of an omission to do something that is\nrequired to be done, the omission will be taken to continue for as\nlong as the thing required to be done remains undone after the end\nof the period for compliance with the requirement.\n\nPart 8 Miscellaneous\nUtilities Commission Act 2000 24\n41 Immunity from liability\n(1) No liability attaches to any person engaged in the administration or\nenforcement of this Act for an act or omission done in the exercise\nor performance, or purported exercise or performance, of a power\nor function under this Act unless it is done or made in bad faith.\n(1A) Subsection (1) does not affect any liability that the Territory, the\nUtilities Commission or an employer of a person referred to in\nsubsection (1) would, but for that subsection, have for an act or\nomission.\n(2) In subsection (1), this Act includes a relevant industry regulation\nAct.\n42 Evidence\n(1) If, in any legal proceedings, a person is alleged to have held a\nspecified appointment under this Act at a specified time, the\nallegation is taken to have been proved in the absence of proof to\nthe contrary.\n(2) In any legal proceedings, an apparently genuine document\npurporting to be a certificate of the Utilities Commission certifying\nas to the making and contents of a delegation, determination,\nrequirement, decision, order, undertaking, code or rules under this\nAct constitutes proof of the matters so certified in the absence of\nproof to the contrary.\n43 Service\n(1) A notice or other document required or authorised to be given to or\nserved on a person under this Act may be given or served:\n(a) by delivering it personally to the person or an agent of the\nperson;\n(b) by leaving it for the person at the person's place of residence\nor business with someone apparently over the age of\n16 years; or\n(c) by posting it to the person or agent of the person at the\nperson's or agent's last known place of residence or business.\n(2) Without limiting the effect of subsection (1), a notice or other\ndocument required or authorised to be given to or served on a\nperson may, if the person is a body corporate, be given to or served\non the person in accordance with section 109X of the Corporations\nAct 2001.\n\nPart 8 Miscellaneous\nUtilities Commission Act 2000 25\n44 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting subsection (1), the Regulations may deal with the\nfollowing matters:\n(a) fees to be paid in respect of any matter under this Act and the\nrecovery, refund, waiver or reduction of such fees;\n(b) penalties not exceeding 100 penalty units for offences against\nthe Regulations.\n(3) The Regulations may:\n(a) be of general application or limited in application according to\nthe persons, areas, times or circumstances to which they are\nexpressed to apply;\n(b) provide that a matter or thing in respect of which Regulations\nmay be made is to be determined, regulated or prohibited\naccording to the discretion of the Minister or the Utilities\nCommission.\n45 Savings and transitional\n(1) If:\n(a) the Utilities Commission takes any action to enable the\nUtilities Commission to perform functions under, or obligations\nimposed by, a provision of this Act or the electricity legislation\nbefore the provision comes into force in anticipation of the\nprovision coming into force; and\n(b) the action was taken so far as reasonably practicable in\naccordance with the provision (as though the provision was in\nforce at the time the action was taken),\nthen, after the provision comes into force, the action is to be taken\nto have been taken validly in accordance with the provision.\n\nPart 8 Miscellaneous\nUtilities Commission Act 2000 26\n(2) Any action taken by the Interim Utilities Commissioner that is\nsubsequently ratified by the Utilities Commission is to be taken to\nhave been taken by the Utilities Commission for the purposes of\nthis section.\n(3) For the avoidance of doubt:\n(a) in making any determination or decision or taking any action\nunder this Act or the electricity legislation – the Utilities\nCommission may rely on any action by the Utilities\nCommission or the Interim Utilities Commissioner\ncontemplated by subsection (1) or (2); and\n(b) the Utilities Commission may treat any submission,\napplication, approval, statement or document (the\napplication) made or given by a person to the Utilities\nCommission or the Interim Utilities Commissioner in\nanticipation of a provision of this Act or the electricity\nlegislation coming into force as having been made to the\nUtilities Commission after the relevant provision comes into\nforce and the Utilities Commission may take action under this\nAct or the electricity legislation on the basis of the application\nor taking into account the application.\n(4) In this section:\nelectricity legislation means the Electricity Reform Act 2000, the\nElectricity Networks (Third Party Access) Act 2000, the Network\nAccess Code and any instrument of a legislative or administrative\ncharacter made, granted or issued under, or contemplated by,\nthose Acts or the Code.\nInterim Utilities Commissioner means the person appointed by\nthe Minister to undertake the role of the independent industry\nregulator before the establishment of the Utilities Commission.\n\nENDNOTES\nUtilities Commission Act 2000 27\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nUtilities Commission Act 2000 (Act No. 9, 2000)\nAssent date 21 March 2000\nCommenced 21 March 2000\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nUtilities Commission Amendment Act 2001 (Act No. 33, 2001)\nAssent date 19 July 2001\nCommenced 19 July 2001\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nENDNOTES\nUtilities Commission Act 2000 28\nNational Electricity (Northern Territory) (National Uniform Legislation) Consequential\nAmendment Regulations 2019 (SL No. 16, 2019)\nNotified 1 July 2019\nCommenced 1 July 2019 (r 2)\nElectricity Legislation Amendment Act 2023 (Act No. 26, 2023)\nAssent date 1 November 2023\nCommenced pts 2 and 4: 1 July 2024 (s 2(2) and Gaz S54, 26 June 2024);\nrem: 31 October 2023 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 13 and 45.\n4 LIST OF AMENDMENTS\ns 3 amd SL No. 16, 2019, s 16\ns 5 amd No. 33, 2001, s 3\ns 6 amd No. 33, 2001, s 4; SL No. 16, 2019, s 17; No. 26, 2023, s 22\ns 10 amd No. 8, 2016, s 45\ns 19 amd No. 4, 2007, s 7\ns 23 amd No. 38, 2010, s 4\nss 25 – 26 amd No. 38, 2010, s 4\ns 36 amd No. 38, 2010, s 4\ns 39 rep No. 26, 2015, s 124\ns 41 amd No. 33, 2001, s 5\ns 43 amd No. 17, 2001, s 21","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2000 Act focused on general economic regulation of utilities. However, amendments (particularly in 2019 and 2023) have expanded the Commission's role to administer the National Electricity (NT) Rules, integrating it into the national electricity market framework. Section 6(1)(ga) explicitly adds this function, and section 3 now defines National Electricity (NT) Rules. This represents a significant expansion from purely territorial utility regulation to participation in a national regulatory scheme."},"complexity_factors":["Moderate length (45 sections) with straightforward structure across 8 Parts","12 defined terms in section 3, mostly self-explanatory (e.g., 'licensed entity', 'regulated industry')","Heavy reliance on 'relevant industry regulation Acts' — the Act's operation depends on other legislation not contained here","Nested procedural requirements for suspending/removing Commissioners (sections 10 and 12) with Legislative Assembly oversight","Conditional enforcement mechanisms in Part 3 (provisional vs final orders, undertakings as alternatives)","Cross-references to National Electricity (NT) Rules and Corporations Act 2001 for service provisions","Specific evidentiary presumptions in section 42 that create legal shortcuts","Savings and transitional provisions in section 45 that validate pre-commencement actions"],"plain_english_summary":"This law creates the **Utilities Commission of the Northern Territory** — an independent economic regulator that oversees essential services like electricity, water, and gas.\n\n**What it does:**\n- **Sets up the Commission**: Establishes a body corporate (a legal entity) led by a Utilities Commissioner, with optional Associate Commissioners. The Commissioner is appointed for up to 5 years and can only be removed for specific reasons like misconduct or incapacity.\n- **Regulates prices**: The Commission can set, cap, or otherwise control prices charged by monopoly service providers to prevent them from exploiting their market power. It must consider costs, efficiency, consumer protection, and fair returns on investment.\n- **Makes industry rules**: The Commission can create codes and rules governing how regulated industries operate, after consulting with industry and the Minister.\n- **Handles licensing**: It performs licensing functions under other industry-specific laws.\n- **Investigates complaints**: It can look into complaints about licensed businesses and run inquiries into industry issues.\n- **Collects information**: It has power to demand documents and data from businesses, with penalties for non-compliance or for threatening whistleblowers.\n- **Protects confidentiality**: Commercially sensitive information must be kept secret, with criminal penalties for unauthorised disclosure.\n\n**Who it affects:**\n- **Consumers**: Protected from excessive pricing and poor service quality in monopoly markets.\n- **Licensed businesses**: Must comply with price determinations, codes, and information requests.\n- **Government**: The Minister can refer matters for inquiry and receives reports, but cannot direct the Commission's specific decisions.\n\n**Why it matters:**\nIn markets where there's no real competition (like electricity networks), this law acts as a substitute for market forces. It ensures businesses can't charge whatever they want, while still allowing them to earn a reasonable return. The Commission operates independently of political interference in its day-to-day decisions, though the Minister sets broad policy direction."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Amendments recorded in the endnotes (notably integration of National Electricity (NT) Rules and amendments in 2019 and 2023) update and refine the Commission’s functions and references to other instruments (see s6(1)(ga) and the endnotes). Those changes extend the Act to operate alongside national electricity uniform legislation but do not appear to shift the Act’s core purpose: establishing an economic regulator to promote competition or simulate competitive conduct in declared industries (s2, s6). In other words, the statute’s scope remains focused on economic regulation of declared utilities; the cited amendments are mostly sectoral and procedural integrations rather than a significant enlargement beyond the original regulatory remit."},"complexity_factors":["Relatively short statute divided into 8 Parts and ~45 substantive sections (moderate length).","Multiple defined terms cross‑referencing other instruments ('relevant industry regulation Act', 'National Electricity (NT) Rules') (s3) increasing external dependencies.","Broad discretionary powers and delegation mechanisms (s6(1)(h); s16) create conditional complexity in application.","Price regulation contains multiple alternative methods and extensive consideration factors (s21(1)–(2)).","Enforcement regime with provisional and final orders, time limits and significant penalties (s23) — several procedural steps and exceptions.","Confidentiality and information powers with criminal penalties and specified lawful disclosure routes (ss25–26) — layered exceptions and notice requirements (ss26(3)–(4)).","Review and appeal framework with internal review time limits and tightly confined judicial appeal grounds (ss27–28) — procedural complexity and finality rules (s29).","Interaction with Ministerial referral/direction powers for inquiries (ss31–34) introduces mixed executive/regulatory oversight.","Savings and transitional provisions referencing separate electricity legislation and interim arrangements (s45) add historical/interoperability complexity."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes the Utilities Commission of the Northern Territory (the Commission) as a statutory regulator with corporate status and powers to act (s5).\n- Gives the Commission specific regulatory functions: price regulation, licensing, standards of service, market conduct, industry codes and rules, complaint handling, consumer consultation, and other functions assigned by law or the Minister (s6(1)).\n- Authorises the Commission to make formal regulatory instruments called \"determinations\" (decisions that set prices, standards, licensing conditions and other economic rules) and to publish codes and rules for regulated industries (s20–24).\n- Gives the Commission powers to require information from persons and entities for its work (s25) and sets confidentiality rules for commercially sensitive material (s26).\n- Provides enforcement tools: provisional and final orders to require compliance with determinations, penalties for non‑compliance and powers to recover profits from breaches (s23).\n- Establishes internal governance: appointment, term and removal rules for the Utilities Commissioner and (if appointed) Associate or Acting Commissioners, staff and delegation powers (ss10–18,16).\n- Sets review and appeal routes: internal review by the Commission (ss27), limited appeal rights to the Supreme Court on narrow grounds (bias or material factual misinterpretation) (s28), and excludes other legal challenges to Commission determinations outside this review/appeal route (s29).\n- Allows the Minister to refer matters to the Commission for inquiry and to give directions about terms of reference for those inquiries (ss31–33); the Minister may also receive reports that must be tabled and made public subject to confidentiality (s34).\n- Confers regulation‑making power to the Administrator to fill out procedural and fee details (s44), and requires fees collected by the Commission to be paid into the Territory’s Central Holding Authority unless the Treasurer directs otherwise (s19).\n\n**Who this affects**\n\n- Licensed entities in a regulated industry (those licensed under a relevant industry regulation Act) — they are the primary subjects of determinations, codes and licensing functions (defined in s3; powers in ss6,20–24).\n- Consumers and third parties in regulated industries — the Commission must consider consumer interests in reliability, quality and consultation (s6(2)(f); s6(1)(f)).\n- The Minister and Territory Government — the Minister may refer matters for inquiry and receives Commission reports; the Minister also has limited powers over appointments and may act as interim Commissioner before the first appointment (ss11,31).\n- Persons required to provide information to the Commission — they must comply with notices (s25) but cannot be compelled to self‑incriminate (s25(3)).\n\n**Why it matters (stated purpose and what that implies in practice)**\n\n- The Act’s stated object is to create an economic regulatory framework that promotes competition, or where competition is absent, simulates competitive outcomes and prevents misuse of monopoly power (s2). The mechanics above implement that object by giving the Commission powers to set prices, licence providers, set service standards, require information and enforce compliance (ss6,20–23,25). \n\n- How that object maps to costs, incentives and trade‑offs:\n  - Who pays: regulated firms bear the direct compliance costs of providing information (s25), of meeting determinations and codes (s22(8); s24), and of any penalties for non‑compliance (s23). The Act also allows fees to be charged and collected into Territory accounts (s19, s44(2)(a)).\n  - Who decides: the Commission makes determinations and codes (ss5–6,20,24). The Minister can refer inquiries or set terms of reference for inquiries (s31) and appoint Associate/Acting Commissioners (ss11,12,17), and the Administrator appoints the Utilities Commissioner (s10). The Act protects the content of Commission decisions from ministerial direction (s8) but allows the Minister role in inquiries (ss31–34)—so some executive influence exists at the inquiry level while determinations remain institutionally independent in substance (s8).\n  - Behavioural effects: regulated businesses face constraints on pricing, must comply with service standards and licensing conditions, and may be subject to investigatory notices and public reporting. Consumers and potential entrants face a regulator that can set price controls intended to mimic market discipline when competition is weak (ss21–22,6(2)).\n  - Incentives and trade‑offs: price regulation and codes can limit firms’ freedom to contract and to set prices (s21). That reduces some firm discretion (affecting returns and investment incentives) while aiming to protect consumers and encourage entry (s6(2)(a)–(c),(f)). Enforcement tools (provisional orders, penalties, disgorgement of profit) raise the compliance stakes (s23). The Act requires consideration of cost, returns and benchmarks when regulating prices (s21(2)), which aims to balance consumer protection with the financial viability of regulated infrastructure (s6(2)(g); s21(2)(c),(e)).\n  - Administrative burden and discretion: the Commission has broad delegation powers (s16) and discretion to make or vary codes and rules (s24). Cross‑references to \"relevant industry regulation Acts\" and to National Electricity (NT) Rules mean much of the practical application depends on other statutes and instruments (s3 definition; s6(1)(ga)), which increases interpretive complexity and reliance on subsidiary instruments.\n\n**Key procedural safeguards and limits**\n\n- The Commission must publish reasons and a summary when making determinations, and give notice to affected licensed entities and the Minister (s22(2)–(6)).\n- Final enforcement orders require at least 28 days’ notice and an opportunity to make submissions (s23(6)).\n- Reviews are available to affected parties and must be decided within fixed timeframes (s27(7)–(9)); appeals to the Supreme Court are restricted to bias or material factual misinterpretation (s28(2)).\n- Confidential information is protected, with criminal penalties for improper disclosure, but the Act lists specific lawful disclosure routes (s26).\n\n**Implementation risks and likely operational consequences**\n\n- The Act vests broad discretion in the Commission to shape pricing, licensing and codes (ss6,20–24). That discretion gives the Commission flexibility to tailor regulation but also creates regulatory uncertainty for firms that need to forecast price controls and compliance obligations.\n- Cross‑references to \"relevant industry regulation Acts\" and to the National Electricity (NT) Rules mean significant detail will be set outside this Act; regulated entities must monitor multiple instruments and possibly different procedural regimes (s3; s6(1)(ga); s20(2)).\n- The Act balances independence (s8) with executive roles in inquiries and appointments (ss10,11,31). The ability of the Minister to set inquiry terms and require draft reporting during inquiries (s31(3)(a)–(d)) concentrates some influence in the executive at the inquiry stage.\n- Compliance costs include responding to formal information notices (s25), preparing for reviews and appeals, and adapting commercial practices to conform with codes and determinations (ss22–25). Enforcement sanctions (including penalties, continuing offence penalties and disgorgement) increase the cost of non‑compliance (ss23,40).\n\n**Bottom line (mechanical effects, not policy judgement)**\n\n- The Act creates a formal regulator with explicit power to set prices, licence and police conduct in declared regulated industries, backed by information‑gathering and enforcement tools (ss5–6,20–26,23). It centralises economic regulation for specified industries in the Commission, requires public reasons for decisions (s22(2)), and provides a limited internal review and narrow court appeal path (ss27–28). The practical impact is to shift a mix of pricing, operational and reporting decisions from regulated firms to a statutory regulator and to establish procedures for enforcement and review."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/utilities-commission-act-2000","history":"/api/acts/utilities-commission-act-2000/history","analysis":"/api/acts/utilities-commission-act-2000/analysis","conflicts":"/api/acts/utilities-commission-act-2000/conflicts","importantCases":"/api/acts/utilities-commission-act-2000/important-cases","documents":"/api/acts/utilities-commission-act-2000/documents"}}