Tasmania act

Economic Regulator Act 2009

In ForceTAS

Jurisdiction

Tasmania

Act Number

58 of 2009

Collection

act

Plain English Summary

7/10 complexity

This Act creates a single Tasmanian Economic Regulator with power to investigate pricing and set maximum prices for monopoly services, run inquiries (including taxi‑fare methodology) and hear competitive‑neutrality complaints. It applies mainly to government business enterprises, statutory authorities, state‑owned companies, agencies and local government bodies. Ministers can require or direct investigations, regulated providers can be charged for investigation costs, and the Act contains confidentiality and enforcement rules that shape how investigations and price controls are implemented.

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What it does

This Act establishes a single Tasmanian Economic Regulator, defines its appointment and governance, and sets out the procedures by which the Regulator conducts and reports on three main forms of public-price scrutiny: monopoly provider investigations (Part 3), prescribed body inquiries (Part 4) and taxi fare methodology inquiries (Part 5). It also provides a statutory process for competitive neutrality complaints against prescribed bodies (Part 6). The Minister retains the power to declare services (s 5) and to declare services provided by prescribed bodies to be monopoly services (s 6). The Minister (and, in many cases, the Portfolio Minister) may require or direct the Regulator to conduct investigations and inquiries (s 24, s 39, s 44), and can jointly determine whether a monopoly provider is a prescribed monopoly provider (s 36(2)).

Mechanically, the Act

creates the office of a single Regulator who is a corporation sole and may sue and be sued (s 9(1)-(2));
spells out the Regulator’s functions and broad investigatory powers (s 10, s 11) including publishing guidelines (s 12) and setting charges for Regulator services (s 11(d));
sets the procedural framework for initiating and conducting investigations and inquiries (s 24-35, s 39-42, s 44-47), including public notice, hearings, requirements to produce documents and witness attendance (s 26, s 28, s 29);
provides for the making of pricing policy orders by the Portfolio Minister (for prescribed monopoly providers) or determinations by the Portfolio Minister (for non-prescribed monopoly providers) following Regulator reports (ss 36, 38);
establishes confidentiality protections and limits on access under FOI/RTI for material subject to directions (ss 28(4)-(6), 30(2)-(4), 32(2)-(3), 63);

Current sections

Direct links to the current provisions in Economic Regulator Act 2009.

Part 1

Preliminary

Part 1 Preliminary

Short title

1 Short title

This Act may be cited as the Economic Regulator Act 2009 .

Commencement

2 Commencement

This Act commences on a day to be proclaimed.

Interpretation

3 Interpretation

(1) In this Act, unless the contrary intention appears –

[Section 3 Subsection (1) amended by No. 13 of 2015, s. 4, Applied:01 Jul 2015] Acting Regulator means a person appointed under section 16 to act as the Regulator;

Agency means an Agency within the meaning of the State Service Act 2000 , other than a Government Business Enterprise or statutory authority;

amend means –

(a) omit any matter; or

(b) insert or add any matter; or

(c) omit any matter and substitute any other matter;

ancillary service means an ancillary service within the meaning of the National Electricity Rules;

[Section 3 Subsection (1) amended by No. 13 of 2015, s. 4, Applied:01 Jul 2015] Assistant Regulator mean a person appointed under section 16A as Assistant Regulator;

Cabinet record means a record which –

(a) is referred to in section 24(1) of the Freedom of Information Act 1991 or section 26 of the Right to Information Act 2009 ; and

(b) contains exempt information, within the meaning of that Act, to which that section applies;

community service obligation means –

(a) in respect of a monopoly provider that is a Government Business Enterprise, a community service obligation within the meaning of the Government Business Enterprises Act 1995 ; or

(b) in respect of a monopoly provider that is an Agency, statutory authority, State-owned company or Local Government Body, a function, service or concession performed, provided or allowed, or proposed to be performed, provided or allowed, by the monopoly provider which, in the opinion of the Regulator, would not be performed, provided or allowed if the monopoly provider were a business in the private sector acting in accordance with sound commercial practice;

complaint means a complaint made by a person under section 48 ;

complaint investigation means an investigation into a complaint commenced by the Regulator under section 52 ;

contract includes agreement and arrangement;

council has the same meaning as in the Local Government Act 1993 ;

dividend includes a dividend within the meaning of the Government Business Enterprises Act 1995 ;

employee means a person who is, or whose services are, made available to the Regulator under section 17(1) or (2) ;

enactment means –

(a) an Act, order or other instrument of a legislative character; or

(b) a provision of an Act, order or other instrument of a legislative character;

final report means a final report prepared and provided under section 35 ;

function includes duty;

Government Business Enterprise has the same meaning as in the Government Business Enterprises Act 1995 ;

Local Government Association of Tasmania means –

(a) the Local Government Association of Tasmania continued as a body corporate by section 326 of the Local Government Act 1993 , whether or not that body has changed its name; and

(b) if that body ceases to exist, any other body that has substantially the same purpose and performs substantially the same functions;

Local Government Body means –

(a) a council; or

(b) a single authority, within the meaning of the Local Government Act 1993 ; or

(c) a joint authority, within the meaning of the Local Government Act 1993 ;

member of the Regulator means a person appointed as a member of the Regulator under section 15 ;

ministerial charter has the same meaning as in the Government Business Enterprises Act 1995 ;

monopoly provider means –

(a) a body specified in column 2 of Schedule 1 ; or

(b) a prescribed body which provides a monopoly service;

monopoly provider investigation means an investigation that the Regulator is required, by the Minister under section 24 , to conduct into the pricing policies of a monopoly provider in respect of a monopoly service;

monopoly service means a service declared under section 6 to be a non-prescribed monopoly service or a prescribed monopoly service;

national competition policy competitive neutrality principles means –

(a) the principles set out in clause 3 of the agreement called the "Competition Principles Agreement" entered into by the governments of the Commonwealth and each State and Territory on 11 April 1995, as amended or substituted from time to time; or

(b) any policies adopted by the State for the purpose of complying with or giving effect to the principles referred to in paragraph (a) ;

National Electricity Rules has the same meaning as in the National Electricity Law which is contained in the schedule (as amended from time to time) to the National Electricity (South Australia) Act 1996 of South Australia;

non-prescribed monopoly service means a service declared under section 6 to be a non-prescribed monopoly service;

Portfolio Act means –

(a) in respect of a monopoly provider that is a Government Business Enterprise or a statutory authority, the enactment by or under which that Government Business Enterprise or statutory authority is established or continued, together with any other enactment that is incorporated with or required to be read as one with that enactment; or

(b) in respect of a monopoly provider that is a Local Government Body, the Local Government Act 1993 ;

Portfolio Minister –

(a) in respect of an Agency, means the Minister to whom the Agency is assigned; or

(b) in respect of a statutory authority or Government Business Enterprise constituted or continued by or under an Act or a provision of an Act, means the Minister to whom the administration of that Act or provision is assigned; or

(c) in respect of a statutory authority or Government Business Enterprise not established, constituted or continued by or under an Act or a provision of an Act, means the Minister to whom the administration of the statutory authority or Government Business Enterprise is assigned; or

(d) in respect of a Local Government Body, means the Minister to whom the administration of the Local Government Act 1993 is assigned; or

(e) in respect of a State-owned company, means the Minister to whom the administration of the Act requiring or authorising the formation of the company is assigned;

prescribed body means –

(a) an Agency; or

(b) a Government Business Enterprise; or

(c) a statutory authority; or

(d) a State-owned company; or

(e) a Local Government Body;

prescribed body inquiry means an inquiry that the Regulator is directed, by the Minister under section 39(1) , to conduct in respect of the pricing policies of a prescribed body;

prescribed monopoly service means a service declared under section 6 to be a prescribed monopoly service;

price includes charge and tariff;

pricing policies includes policies relating to the level or structure of prices for services;

pricing policy determination means a determination made under section 38(1)(b) ;

pricing policy order means an order made under section 36(3)(b) ;

[Section 3 Subsection (1) amended by No. 13 of 2015, s. 4, Applied:01 Jul 2015]

[Section 3 Subsection (1) amended by No. 13 of 2015, s. 4, Applied:01 Jul 2015] Regulator means the Tasmanian Economic Regulator appointed under section 9 ;

service includes –

(a) the provision of public transport; and

(b) the making available for use of facilities of any kind; and

(c) the conferring of rights, benefits or privileges for which a price is payable in the form of a tribute, levy or similar exaction; and

(d) the supply of any other good or service declared under section 5 to be a service –

but does not include a water or sewerage service, an ancillary service or other service related to the supply of, or security of the supply of, electricity, or any good or service for which a State charge is payable;

State charge means –

(a) a tax, or duty, imposed for the public revenue purposes of the State; or

(b) a payment, in the form of a royalty, payable to the Crown, a Government Business Enterprise or State-owned company for the exclusive right to access and market a natural resource;

State-owned company means a company incorporated under the Corporations Act which is controlled by the Crown, a Government Business Enterprise or a statutory authority or by another company which is so controlled;

statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority;

statutory rule has the same meaning as in the Rules Publication Act 1953 ;

supply includes provide;

tax equivalent means an income tax equivalent, within the meaning of the Government Business Enterprises Act 1995 ;

taxi fare methodology inquiry means an inquiry the Regulator is directed, by the Minister under section 44 , to conduct into appropriate methodologies in respect of setting taxi fares;

terms of reference means the terms of reference contained in a requirement made under section 24 ;

Transport Commission means the Transport Commission incorporated under section 4 of the Transport Act 1981 .

(2) For the purposes of the definition of "State-owned company" in subsection (1) , the provisions of the Corporations Act relating to control are taken to apply as if the Crown, Government Business Enterprise or statutory authority, as the case may be, were a corporation under that Act.

Maximum prices defined

4 Maximum prices defined

Maximum prices may be expressed in one or more of the following terms:

(a) maximum prices or the maximum rate of increase or the minimum rate of decrease in maximum prices;

(b) average prices or average rates of increase or decrease in such average prices;

(c) pricing policies or principles;

(d) by reference to a general price index, the cost of production, revenue, a rate of return on assets or any other factor;

(e) by reference to quantity, location or period of supply of a monopoly service;

(f) any other terms the Regulator or the Minister, as the case requires, considers appropriate.

Declaration of service

5 Declaration of service

(1) By notice published in the Gazette, the Minister may declare the supply of a good or service to be a service.

(2) By notice published in the Gazette, the Minister may amend or revoke a declaration made under subsection (1) .

(3) A notice under this section is not a statutory rule.

Declaration of monopoly service

6 Declaration of monopoly service

(1) By notice published in the Gazette, the Minister may declare a service supplied by a prescribed body to be a non-prescribed monopoly service, or a prescribed monopoly service, if –

(a) the Minister is satisfied that it is a service for which –

(i) there are no other suppliers to provide competition in the relevant market; and

(ii) there is no contestable market by potential suppliers in the short term; and

(b) the Portfolio Minister has agreed to the making of the declaration.

(2) Despite subsection (1) , the Minister may not declare a service to be a prescribed monopoly service under that subsection unless the service is provided by a monopoly provider specified in Schedule 1 .

(3) [Section 6 Subsection (3) amended by No. 13 of 2015, s. 5, Applied:01 Jul 2015] A declaration under subsection (1) may specify the day by which the Minister is to require the Regulator to conduct his or her first investigation under section 24(2) or (3) into the pricing policies of a monopoly provider in respect of the service which is the subject of the declaration.

(4) Before making a declaration under subsection (1) in respect of a service supplied by one or more Local Government Bodies, the Minister is to consult with such of those Local Government Bodies as the Minister considers appropriate.

(5) By notice published in the Gazette, the Minister may amend or revoke a declaration made under subsection (1) if the Portfolio Minister of the prescribed body which is the subject of the declaration has agreed to it.

(6) A notice under this section is not a statutory rule.

Act binds Crown

7 Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

Inconsistency between this Act and another Act

8 Inconsistency between this Act and another Act

If a provision of this Act is inconsistent with a provision of a Portfolio Act or any other Act, the provision of this Act prevails and the provision of the Portfolio Act or other Act is, to the extent of the inconsistency, invalid except where the Portfolio Act or other Act expressly provides otherwise.

Part 2

Tasmanian Economic Regulator

Part 2 Tasmanian Economic Regulator

Division 1

Tasmanian Economic Regulator

Division 1 Tasmanian Economic Regulator

Tasmanian Economic Regulator

9 Tasmanian Economic Regulator

(1) [Section 9 Subsection (1) substituted by No. 13 of 2015, s. 6, Applied:01 Jul 2015] The Minister is to appoint a person to be the Tasmanian Economic Regulator.

(2) [Section 9 Subsection (2) substituted by No. 13 of 2015, s. 6, Applied:01 Jul 2015] The Regulator –

(a) is a corporation sole; and

(b) has a seal; and

(c) may sue and be sued in his or her corporate name.

(3) The seal is to be kept and used as authorised by the Regulator.

(4) All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that the document was duly sealed by the Regulator.

(5) [Section 9 Subsection (5) inserted by No. 13 of 2015, s. 6, Applied:01 Jul 2015] All courts and persons acting judicially are to take judicial notice of –

(a) the official signature of a person who is or has been the Regulator; and

(b) the fact that the person holds or has held the office of Regulator.

(6) [Section 9 Subsection (6) inserted by No. 13 of 2015, s. 6, Applied:01 Jul 2015] Division 2 of this Part has effect in relation to the Regulator.

(7) [Section 9 Subsection (7) inserted by No. 13 of 2015, s. 6, Applied:01 Jul 2015] Before performing any function or exercising any power under this Act, or any other Act, the Regulator is to have regard to the costs and benefits of the Regulator's actions.

(8) [Section 9 Subsection (8) inserted by No. 13 of 2015, s. 6, Applied:01 Jul 2015] Despite subsection (7) , the Regulator –

(a) may perform any function or exercise any power under this Act, or any other Act, regardless of the costs or benefits of the action; and

(b) is not required to give, to any person, reasons for so performing the function or exercising the power.

Functions of Regulator

10 Functions of Regulator

The Regulator has the following functions:

(a) to conduct monopoly provider investigations and provide a final report in respect of each such investigation;

(b) to conduct prescribed body inquiries and provide a report in respect of each such inquiry;

(c) to conduct taxi fare methodology inquiries and provide a report in respect of each such inquiry;

(d) to conduct complaint investigations and, if required under section 57 , to provide a report in respect of a complaint investigation;

(e) other functions imposed on the Regulator under this or any other Act.

Powers of Regulator generally

11 Powers of Regulator generally

The Regulator has the following powers:

(a) to enter into contracts;

(b) to appoint agents, attorneys and consultants;

(c) to act as a consultant or agent, including in respect of the monitoring of prices of petroleum products;

(d) [Section 11 Amended by No. 13 of 2015, s. 7, Applied:01 Jul 2015] to set charges, terms and conditions relating to the performance and exercise of his or her functions and powers;

(e) [Section 11 Amended by No. 13 of 2015, s. 7, Applied:01 Jul 2015] to do all other things he or she is authorised to do under this or any other Act;

(f) [Section 11 Amended by No. 13 of 2015, s. 7, Applied:01 Jul 2015] to do all things necessary or convenient to be done in connection with the performance and exercise of his or her functions and powers.

Power to publish guidelines

12 Power to publish guidelines

[Section 12 Amended by No. 13 of 2015, s. 8, Applied:01 Jul 2015] The Regulator may publish guidelines relating to the performance and exercise of his or her functions and powers.

Delegation

13 Delegation

[Section 13 Amended by No. 13 of 2015, s. 9, Applied:01 Jul 2015] The Regulator may delegate to an employee any of his or her functions or powers under this or any other Act, other than –

(a) this power of delegation; and

(b) [Section 13 Amended by No. 13 of 2015, s. 9, Applied:01 Jul 2015] the function of providing a final report; and

(c) [Section 13 Amended by No. 13 of 2015, s. 9, Applied:01 Jul 2015] the function of approving a determination or amendment relating to prices under section 37 .

Regulator not subject to Ministerial control

14 Regulator not subject to Ministerial control

Except as otherwise provided by or under this or any other Act, the Regulator is not subject to the control or direction of the Minister or any other Minister in respect of a monopoly provider investigation, prescribed body inquiry, complaint investigation, taxi fare methodology inquiry, report or recommendation under this Act.

Division 2

Appointment of Regulator &c.

Division 2 Appointment of Regulator &c.

[Division 2 of Part 2 Substituted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

Terms of office of Regulator

15 Terms of office of Regulator

[Section 15 Substituted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

(1) The Regulator may be appointed for a term of not more than 5 years as specified in his or her instrument of appointment and may be reappointed.

(2) For the purposes of this Part, the Regulator is absent from the office of Regulator if he or she –

(a) is absent from duty; or

(b) has vacated, within the meaning of section 16D , the office of Regulator; or

(c) has a direct or indirect interest (pecuniary or otherwise) in a matter being or about to be considered by the Regulator; or

(d) is otherwise unable to perform the functions of the office of Regulator.

Acting Regulator

16 Acting Regulator

[Section 16 Substituted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

(1) The Minister may appoint a person as Acting Regulator to act as the Regulator during any particular, or every, period during which the Regulator is absent.

(2) The appointment of an Acting Regulator is subject to, and has effect in accordance with, the terms and conditions (including remuneration and allowances) specified in the instrument of appointment.

(3) If a vacancy, within the meaning of section 16D , occurs in the office of Regulator while a person appointed under this section is acting as the Regulator, that person may continue to so act until a person is appointed as Regulator under section 9 .

(4) While a person is acting as the Regulator in accordance with this section, he or she is taken to be the Regulator.

16A

Assistant Regulator

16A Assistant Regulator

[Section 16A Inserted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

(1) The Minister may appoint a person as Assistant Regulator to perform a specific function of the Regulator as specified in the instrument of appointment.

(2) The appointment of a person under subsection (1) –

(a) is for the period required to complete the function specified in the instrument of appointment; and

(b) is subject to, and has effect in accordance with, the terms and conditions (including remuneration and allowances) specified in the instrument of appointment.

(3) While a person is acting as an Assistant Regulator in accordance with this section, that person –

(a) is, subject to paragraph (b) , taken to be the Regulator in respect of the specific function the person has been appointed to perform; and

(b) may only make a determination or decision as the Regulator if that determination or decision has been agreed to by the Regulator or Acting Regulator.

(4) Nothing in this section prevents the Regulator, or Acting Regulator, from performing a function that an Assistant Regulator has been appointed to perform.

16B

Qualifications for appointment

16B Qualifications for appointment

[Section 16B Inserted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

(1) In appointing a person to be the Regulator, the Acting Regulator or an Assistant Regulator, the Minister is to be satisfied that the person has knowledge of, or experience in –

(a) industry, commerce, economics, law or public administration; or

(b) the regulation of utilities or the provision of services by a monopoly provider or other utility.

(2) The State Service Act 2000 does not apply in relation to the Regulator, the Acting Regulator or an Assistant Regulator in his or her capacity as such.

(3) A person may hold, but is not required to hold, the office of Regulator, Acting Regulator or Assistant Regulator in conjunction with State Service employment.

16C

Remuneration and conditions of appointment

16C Remuneration and conditions of appointment

[Section 16C Inserted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

(1) A person appointed as the Regulator, the Acting Regulator or an Assistant Regulator is entitled to be paid such remuneration and allowances as the Minister determines.

(2) A person appointed as the Regulator, the Acting Regulator or an Assistant Regulator who is also a State Service employee or State Service officer is not entitled to remuneration or allowances under this section except with the approval of the Minister administering the State Service Act 2000 .

(3) A person appointed as the Regulator, the Acting Regulator or an Assistant Regulator holds office on such conditions in relation to matters not provided for by this Act as are specified in the person's instrument of appointment.

16D

Vacation of office

16D Vacation of office

[Section 16D Inserted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

(1) The Regulator, the Acting Regulator or an Assistant Regulator is taken to have vacated his or her office if he or she –

(a) dies; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes an assignment of his or her remuneration or estate for their benefit; or

(c) resigns his or her office by writing under his or her hand addressed to the Minister and the Minister accepts the resignation; or

(d) is removed from office by the Minister under subsection (2) .

(2) The Minister may remove a person from the office of Regulator, Acting Regulator or Assistant Regulator if the Minister is satisfied that the person –

(a) is absent from that office –

(i) otherwise than in accordance with the person's instrument of appointment to that office; or

(ii) without the permission of the Minister; or

(b) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a term of 12 months or longer; or

(c) is convicted of an offence under this Act; or

(d) is unable to adequately perform the duties of office.

16E

Disclosure of interest

16E Disclosure of interest

[Section 16E Inserted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

(1) If a person appointed to the office of Regulator, Acting Regulator or Assistant Regulator has a direct or indirect interest (pecuniary or otherwise) in a matter that is about to be considered by the person in his or her capacity as Regulator, Acting Regulator or Assistant Regulator, the person must disclose the nature of the interest to the Minister as soon as practicable after the relevant facts come to the person's knowledge.

Penalty: Fine not exceeding 50 penalty units.

(2) Unless the Minister otherwise determines, a person who has made a disclosure under subsection (1) in relation to a matter must not –

(a) be present during any consideration of, or the making of a decision in relation to, the matter under this Act or during any other proceeding in relation to the matter under this Act; or

(b) take part in any consideration of, or the making of a decision in relation to, the matter.

(3) Subsection (1) does not apply in respect of an interest that consists only of the receipt of a service that –

(a) is also available to members of the public; and

(b) is made available on the same terms as apply to members of the public.

16F

Validation of proceedings, &c.

16F Validation of proceedings, &c.

[Section 16F Inserted by No. 13 of 2015, s. 10, Applied:01 Jul 2015]

(1) No act or proceeding of the Regulator, the Acting Regulator or an Assistant Regulator or any person acting under the direction of the Regulator is invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the office of Regulator.

(2) All acts and proceedings of the Regulator, the Acting Regulator or an Assistant Regulator or of a person acting under a direction of the Regulator are, despite the subsequent discovery of a defect in the appointment of the Regulator, the Acting Regulator or the Assistant Regulator, as valid as if the Regulator, the Acting Regulator or the Assistant Regulator had been duly appointed and was qualified to act as, or was capable of being, the Regulator, the Acting Regulator or an Assistant Regulator.

16G

Presumptions

16G Presumptions

[Section 16G Inserted by No. 13 of 2015, s. 10, Applied:01 Jul 2015] In any proceedings by or against the Regulator, unless evidence is given to the contrary, proof is not required of the appointment of the Regulator, the Acting Regulator or an Assistant Regulator.

Division 3

Staff, assistance and facilities

Division 3 Staff, assistance and facilities

Staff of Regulator

17 Staff of Regulator

(1) [Section 17 Subsection (1) amended by No. 13 of 2015, s. 11, Applied:01 Jul 2015] The Regulator may arrange with the Secretary of the Department for State Service officers and State Service employees employed in the Department to be made available to enable the Regulator to perform and exercise his or her functions and powers.

(2) [Section 17 Subsection (2) amended by No. 13 of 2015, s. 11, Applied:01 Jul 2015] On the written request of the Regulator, the Secretary of the Department may arrange with another Head of a State Service Agency for State Service officers and State Service employees employed in that Agency, or with an employer for the services of a person employed by that employer, to be made available to the Regulator for the purpose of enabling the Regulator to perform and exercise his or her functions and powers.

(3) State Service officers and State Service employees made available under subsection (1) or (2) may serve the Regulator in conjunction with State Service employment.

(4) All expenses associated with the use by the Regulator of the services of a person referred to in subsection (1) or (2) are to be met by the Regulator.

Assistance and facilities

18 Assistance and facilities

(1) [Section 18 Subsection (1) amended by No. 13 of 2015, s. 12, Applied:01 Jul 2015] [Section 18 Subsection (1) amended by No. 13 of 2015, s. 12, Applied:01 Jul 2015] The Regulator may arrange with one or more of the following persons to provide assistance to the Regulator to enable the Regulator to perform and exercise his or her functions and powers:

(a) a Head of an Agency;

(b) a Government Business Enterprise, statutory authority or State-owned company if approved by the Minister and Portfolio Minister, in writing;

(c) a Local Government Body if approved, in writing, by the Minister and the Minister to whom the administration of the Local Government Act 1993 is assigned;

(d) a body, or the governing authority of a body, that has price-fixing functions or functions similar to those of the Regulator.

(2) [Section 18 Subsection (2) amended by No. 13 of 2015, s. 12, Applied:01 Jul 2015] [Section 18 Subsection (2) amended by No. 13 of 2015, s. 12, Applied:01 Jul 2015] The Regulator may make arrangements with one or more of the following persons for facilities to be provided to the Regulator to enable the Regulator to perform and exercise his or her functions and powers:

(a) the Secretary of the Department;

(b) the Head of another Agency;

(c) a Government Business Enterprise;

(d) a Local Government Body;

(e) a statutory authority;

(f) a State-owned company.

Division 4

Finances of Regulator

Division 4 Finances of Regulator

Funds

19 Funds

(1) The funds of the Regulator consist of –

(a) [Section 19 Subsection (1) amended by No. 13 of 2015, s. 13, Applied:01 Jul 2015] [Section 19 Subsection (1) amended by No. 13 of 2015, s. 13, Applied:01 Jul 2015] all money received by the Regulator in the course of performing his or her functions and exercising his or her powers; and

(b) money appropriated by Parliament for the purposes of the Regulator; and

(c) [Section 19 Subsection (1) amended by No. 13 of 2015, s. 13, Applied:01 Jul 2015] all other money received by the Regulator from any other source.

(2) [Section 19 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The funds of the Regulator are to be paid into an account in the Public Account.

(3) [Section 19 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Money standing to the credit of the account in the Public Account may be applied –

(a) [Section 19 Subsection (3) amended by No. 13 of 2015, s. 13, Applied:01 Jul 2015] in the payment or discharge of the expenses, charges and obligations incurred or undertaken by the Regulator in the performance and the exercise of his or her functions and his or her powers; and

(b) [Section 19 Subsection (3) amended by No. 13 of 2015, s. 13, Applied:01 Jul 2015] in the payment of the remuneration and allowances of the Regulator, the Acting Regulator or an Assistant Regulator; and

(c) in meeting the expenses incurred by the Regulator in respect of –

(i) the use of the services of persons referred to in section 17(1) and (2) ; and

(ii) the assistance provided under section 18(1) ; and

(iii) the use of facilities referred to in section 18(2) ; and

(d) in the payment of allowances and expenses under section 29(2) ; and

(e) in any other manner authorised or required under this or any other Act.

Costs of monopoly provider investigations

20 Costs of monopoly provider investigations

(1) In this section –

estimated resident population, in respect of a municipal area, means the most recent estimated resident population for that area published from time to time by the Australian Statistician under the Census and Statistics Act 1905 of the Commonwealth;

investigated monopoly service means a monopoly service which is the subject of a monopoly provider investigation.

(2) A monopoly provider that supplies an investigated monopoly service is liable for the whole or part of the reasonable expenses incurred by the Regulator arising from the conduct and reporting of the monopoly provider investigation (including expenses incurred in making a final report available to the public) as jointly determined by the Minister and Portfolio Minister by written notice provided to the Regulator and the monopoly provider.

(3) If an investigated monopoly service is supplied by 2 or more Local Government Bodies, all of which are councils, the amount of the expenses each council is liable to pay is to be determined in accordance with the following formula:

where –

A is the amount to be paid by a council;

P is the estimated resident population of the municipal area in respect of which the council was established;

TA is the total amount determined under subsection (2) to be payable by all the councils supplying the investigated monopoly service;

TP is the total of the estimated resident populations of all the municipal areas in respect of which all those councils were established.

(4) If more than one council supplies the investigated monopoly service, the amount of the expenses determined to be payable by each council is to be specified in the notice provided under subsection (2) .

(5) If a monopoly provider which is a Local Government Body is liable to pay the whole or part of the expenses referred to in subsection (2) , the Minister is to provide a copy of the notice referred to in that subsection to the Local Government Association of Tasmania.

(6) [Section 20 Subsection (6) amended by No. 13 of 2015, s. 14, Applied:01 Jul 2015] The Regulator may recover the expenses referred to in subsection (2) as a debt due to the Regulator in a court of competent jurisdiction.

Financial statements

21 Financial statements

(1) The financial statements of the Regulator are to –

(a) be prepared and certified as specified in a direction given under subsection (2) ; and

(b) present fairly –

(i) [Section 21 Subsection (1) amended by No. 13 of 2015, s. 15, Applied:01 Jul 2015] the financial transactions of the Regulator during the financial year to which the report relates in relation to the performance of his or her functions under this and any other Act; and

(ii) the state of affairs of the Regulator at the end of that financial year; and

(c) comply with any other direction given under subsection (2) .

(2) [Section 21 Subsection (2) amended by No. 13 of 2015, s. 15, Applied:01 Jul 2015] The Treasurer may give written directions to the Regulator in respect of the form, contents, preparation, certification and provision of his or her financial statements.

(3) [Section 21 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Directions under subsection (2) may adopt, wholly or partly, with or without modification and either specifically or by reference, any of the Treasurer's Instructions made under the Financial Management Act 2016 .

Division 5

Annual report

Division 5 Annual report

Annual report

22 Annual report

(1) In respect of each financial year the Regulator is to prepare a report which includes –

(a) a report on the performance and exercise of the Regulator's functions and powers under this and any other Act; and

(b) the particulars of any contravention of the national competition policy competitive neutrality principles –

(i) that a prescribed body admits to having committed in response to a complaint; or

(ii) that the Regulator, during a complaint inquiry, prescribed body inquiry or monopoly provider investigation, determines has been committed by a prescribed body; and

(c) whether any action was taken by a prescribed body referred to in paragraph (b) in relation to its contravention of the national competition policy competitive neutrality principles and, if so, what that action was; and

(d) the financial statements of the Regulator; and

(e) the Auditor-General's report on those financial statements; and

(f) any information the Minister, by written notice provided to the Regulator, requires to be included; and

(g) any other information the Regulator considers appropriate to be included.

(2) The Regulator is to provide a copy of the annual report to the Minister so as to enable it to be tabled in accordance with section 23 .

Tabling of annual report

23 Tabling of annual report

(1) By 31 October in each year the Minister is to cause a copy of the annual report to be laid before each House of Parliament.

(2) If the Minister is unable to comply with subsection (1) because a House of Parliament is not sitting on 31 October in any year, the Minister is to –

(a) on or before that day, provide copies of the annual report to the clerk of that House; and

(b) on or before that day, make copies of the annual report available for purchase by the public; and

(c) within the first 7 sitting-days after that day, cause copies of the annual report to be laid before that House.

Part 3

Monopoly Provider Investigations

Part 3 Monopoly Provider Investigations

Requirement to conduct monopoly provider investigation

24 Requirement to conduct monopoly provider investigation

(1) In this section –

affected Local Government Body, in relation to a proposed investigation into the pricing policies of a monopoly provider in respect of a monopoly service (whether a prescribed monopoly service or non-prescribed monopoly service), means –

(a) that monopoly provider if it is a Local Government Body; or

(b) if that monopoly provider is a single authority, or joint authority, established under section 33 of the Local Government Act 1993 , the Local Government Body or Local Government Bodies that so established the single authority or joint authority;

initial requirement day, in relation to a monopoly provider supplying a monopoly service –

(a) [Section 24 Subsection (1) amended by No. 13 of 2015, s. 16, Applied:01 Jul 2015] means the day specified in the declaration under section 6 declaring that service to be a monopoly service as the day by which the Minister is to require the Regulator to conduct his or her first investigation into the pricing policies of the monopoly provider in respect of that service under this section; or

(b) if the declaration under section 6 declaring that service to be a monopoly service does not specify such a day, means the last day of the period of 3 months after the declaration takes effect.

(2) On or before the initial requirement day, the Minister is to require the Regulator to conduct an investigation into the pricing policies of a monopoly provider (whether or not specified in Schedule 1 ) in respect of a monopoly service supplied by that monopoly provider.

(3) At least 11 months before the expiration of a pricing policy order or a pricing policy determination in relation to a monopoly provider specified in Schedule 1 , the Minister is to require the Regulator to conduct an investigation into the pricing policies of that monopoly provider in respect of each prescribed monopoly service supplied by the monopoly provider.

(4) At any time, in writing provided to the Regulator, the Minister may require the Regulator to conduct an investigation into the pricing policies of a monopoly provider (whether or not specified in Schedule 1 ) in respect of any monopoly service supplied by the monopoly provider and specified in the requirement.

(5) Despite subsections (3) and (4) , the Minister may not require the Regulator to conduct a monopoly provider investigation into the pricing policies of a monopoly provider that is a Local Government Body if –

(a) a pricing policy order (the "original order") or a pricing policy determination (the "original determination") is in force in respect of a monopoly service supplied by that monopoly provider; and

(b) a purpose of the investigation is to determine whether the original order or original determination should be revoked and another pricing policy order or pricing policy determination be made that would be in force during the whole or any part of the period during which the original order or determination would have been in force had it not been revoked –

unless at least half of all affected Local Government Bodies have first agreed to the requirement being made.

(6) A requirement under subsection (2) , (3) or (4) –

(a) is to contain the terms of reference for the monopoly provider investigation; and

(b) may be made in respect of one or more monopoly providers and one or more monopoly services; and

(c) may specify a contract or class of contract the terms of which the Regulator is to not investigate in relation to prices or publish to any person.

(7) The Minister may amend, by written notice provided to the Regulator and the monopoly provider, a requirement under subsection (2) , (3) or (4) if the Regulator has not made a final report in respect of the monopoly provider investigation.

(8) Before providing a requirement under subsection (2) , (3) or (4) or amending a requirement under subsection (7) , the Minister is to first –

(a) obtain the agreement of the Portfolio Minister to the provision or amendment of the requirement; and

(b) if the required monopoly provider investigation is to be in relation to a monopoly service supplied by a monopoly provider which is a Local Government Body, consult with the Local Government Association of Tasmania with respect to the provision or amendment of the requirement.

(9) The Regulator is to comply with a requirement, or an amended requirement, made under this section.

Terms of reference

25 Terms of reference

The terms of reference for a monopoly provider investigation are to –

(a) broadly describe the functions and other activities of the monopoly provider; and

(b) specify the pricing policies and the monopoly service or part of a monopoly service to be investigated; and

(c) [Section 25 Amended by No. 13 of 2015, s. 17, Applied:01 Jul 2015] specify the day by which the Regulator is to provide his or her final report in respect of the investigation; and

(d) specify the matters not referred to in section 31 which the Regulator is to take into account when conducting the investigation; and

(e) if the Minister and the Portfolio Minister consider it appropriate, specify which of the matters referred to in paragraph (d) are to be considered by the Regulator to be of more importance than any other such matters; and

(f) specify the period for which any pricing policy order or pricing policy determination made in relation to a monopoly provider as a result of the investigation would be in force, being –

(i) in the case of a monopoly provider specified in Schedule 1 , the period specified in that Schedule in relation to that monopoly provider; or

(ii) in the case of a monopoly provider not specified in Schedule 1 , a period that does not exceed 5 years; and

(g) require the Regulator to make a recommendation in relation to appropriate maximum prices to be chargeable in respect of the monopoly service supplied by the monopoly provider during the period for which any pricing policy order or pricing policy determination made as a result of the investigation would be in force; and

(h) specify whether the Regulator is to make a draft report in respect of the investigation available during the conduct of the investigation.

Notice of monopoly provider investigation

26 Notice of monopoly provider investigation

(1) On receipt of a requirement to conduct a monopoly provider investigation, the Regulator is to give notice of the investigation –

(a) in writing provided to the monopoly provider; and

(b) [Section 26 Subsection (1) amended by No. 13 of 2015, s. 18, Applied:01 Jul 2015] in daily newspapers published and circulating generally in Tasmania, or in such other manner, as the Regulator considers appropriate; and

(c) if the monopoly provider is a Local Government Body, in writing provided to the Local Government Association of Tasmania.

(2) A notice of a monopoly provider investigation is to specify –

(a) the purpose of the investigation; and

(b) the period during which the investigation is to be held; and

(c) the period within which, and the form in which, submissions may be made to the Regulator; and

(d) the matters that the Regulator would like submissions to address; and

(e) how copies of the terms of reference may be obtained.

(3) If the Minister amends a requirement to conduct a monopoly provider investigation, the Regulator is to give notice of that amendment to the same persons and in the same manner as notice of the investigation was given.

Conduct of monopoly provider investigations

27 Conduct of monopoly provider investigations

(1) The Regulator is to conduct a monopoly provider investigation in accordance with a requirement provided under section 24 and the terms of reference.

(2) [Section 27 Subsection (2) amended by No. 13 of 2015, s. 19, Applied:01 Jul 2015] [Section 27 Subsection (2) amended by No. 13 of 2015, s. 19, Applied:01 Jul 2015] Subject to this Act, the Regulator may conduct a monopoly provider investigation in such manner as the Regulator considers appropriate and, in particular, may at his or her discretion –

(a) receive written and oral submissions; and

(b) consult with any person; and

(c) hold hearings and seminars; and

(d) conduct workshops; and

(e) determine whether any person wishing to appear before the Regulator may be represented by another person.

(3) [Section 27 Subsection (3) amended by No. 13 of 2015, s. 19, Applied:01 Jul 2015] [Section 27 Subsection (3) amended by No. 13 of 2015, s. 19, Applied:01 Jul 2015] In conducting a monopoly provider investigation, the Regulator is not bound by rules of evidence but may inform himself or herself of any matter in such manner the Regulator considers appropriate.

Hearings

28 Hearings

(1) Before holding a hearing, the Regulator is to give reasonable notice of the hearing in daily newspapers published and circulating generally in Tasmania as the Regulator considers appropriate.

(2) The notice of a hearing is to specify –

(a) the purpose of the hearing; and

(b) the time and place at which the hearing is to be held.

(3) A hearing is to be held in public.

(4) Despite subsection (3) , if the Regulator is satisfied that it would be in the public interest to do so or that evidence to be presented is, or is likely to be, of a confidential or commercially sensitive nature, the Regulator is to –

(a) direct that a hearing or part of a hearing is to take place in private and give directions as to the persons who may be present; and

(b) give directions prohibiting or restricting the publication of evidence given or documents produced at the hearing.

(5) A person must not contravene a direction given under subsection (4)(b) .

Penalty: Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 6 months, or both.

(6) The Freedom of Information Act 1991 and the Right to Information Act 2009 do not apply in respect of –

(a) evidence and documents in respect of which a direction under subsection (4)(b) has been made; or

(b) records of the giving or production of such evidence and documents.

Requiring person to give evidence or provide document

29 Requiring person to give evidence or provide document

(1) For the purposes of a monopoly provider investigation, the Regulator may require a person, by written notice provided to the person, to do any one or more of the following:

(a) attend before the Regulator and answer questions which, in the opinion of the Regulator, are relevant to the investigation;

(b) provide to the Regulator, in the manner specified in the notice, any document specified in the notice which is in the person's possession or control and which, in the opinion of the Regulator, is relevant to the investigation;

(c) provide to the Regulator, in the manner specified in the notice, any other information specified in the notice which, in the opinion of the Regulator, is relevant to the investigation.

(2) A person who attends before the Regulator under a requirement referred to in subsection (1)(a) may, at the Regulator's discretion, be paid by the Regulator –

(a) the prescribed allowances and expenses; or

(b) if the regulations do not prescribe any allowances and expenses, such allowances and expenses as the Minister determines by notice published in the Gazette.

(3) Despite subsection (1) , the Regulator may not require a person –

(a) to answer a question, or provide information, if to do so would require the person to divulge information contained in or relating to a Cabinet record; or

(b) to provide to the Regulator a Cabinet record.

(4) A notice under subsection (2)(b) is not a statutory rule.

Use of documents or other information

30 Use of documents or other information

(1) The Regulator –

(a) may examine, take possession of, make copies of and take extracts from any document provided under a requirement referred to in section 29(1)(b) or (c) ; and

(b) may retain that document for so long as is necessary for the purposes of the monopoly provider investigation; and

(c) is to allow a person who would be entitled to inspect the document if it were not in the possession of the Regulator to inspect it, make a copy of it or take an extract from it at any reasonable time.

(2) [Section 30 Subsection (2) amended by No. 13 of 2015, s. 20, Applied:01 Jul 2015] The Regulator may give directions prohibiting or restricting the publication of any answer, document or other information provided to the Regulator under a requirement referred to in section 29(1) , a part of any such answer, document or other information or a copy of or extract from any such answer, document, other information or part.

(3) A person must not contravene a direction given under subsection (2) .

Penalty: Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 6 months, or both.

(4) [Section 30 Subsection (4) amended by No. 13 of 2015, s. 20, Applied:01 Jul 2015] The Regulator may make any answer, document or other information provided to the Regulator under a requirement referred to in section 29(1) , or part of any such answer, document or other information, available to any person as the Regulator considers appropriate except where –

(a) a direction in respect of the answer, document, other information or part has been given under subsection (2) and its provision to that person would contravene the direction; or

(b) the answer, document, other information or part contains information which is exempt information under the Freedom of Information Act 1991 or the Right to Information Act 2009 .

Matters to be considered

31 Matters to be considered

In a monopoly provider investigation, the Regulator is to consider the following matters:

(a) the cost of supplying or providing the monopoly service;

(b) any interstate or international benchmarks for prices, costs, revenues and return on assets in bodies supplying a service similar to the monopoly service;

(c) the need to protect consumers from the adverse effects of the exercise of monopoly power by a monopoly provider in relation to prices, pricing policies and standards of service in respect of the supply of the monopoly service;

(d) if appropriate, the need for a reasonable return (including the payment of dividends) on the assets of a monopoly provider;

(e) the need for efficiency in the supply of the monopoly service for the purpose of benefiting the public interest through a reduction in the cost of supplying the monopoly service;

(f) the effects of inflation;

(g) the need for the monopoly provider to be financially viable;

(h) the impact on pricing policies of any borrowing, capital, dividend and tax equivalent obligations of the monopoly provider, including obligations to renew or increase assets;

(i) any ministerial charter that applies to the monopoly provider;

(j) in the case of a monopoly provider that is a State-owned company, any statement of expectations from the shareholders or other similar document;

(k) any relevant provision in the Portfolio Act or any other Act;

(l) any community service obligations of the monopoly provider;

(m) the quality of the supply of the monopoly service;

(n) the matters set out in the terms of reference;

(o) any other matter the Regulator considers relevant.

Limitations on monopoly provider investigation and reporting

32 Limitations on monopoly provider investigation and reporting

(1) The Regulator is not to investigate the terms of a contract, or the terms of a contract which is a member of a class of contracts, if that investigation is prohibited by the requirement to investigate under section 24 .

(2) [Section 32 Subsection (2) amended by No. 13 of 2015, s. 21, Applied:01 Jul 2015] [Section 32 Subsection (2) amended by No. 13 of 2015, s. 21, Applied:01 Jul 2015] [Section 32 Subsection (2) amended by No. 13 of 2015, s. 21, Applied:01 Jul 2015] [Section 32 Subsection (2) amended by No. 13 of 2015, s. 21, Applied:01 Jul 2015] Except as authorised or required by law, the Regulator, the Acting Regulator, an Assistant Regulator or an employee is not to publish or otherwise divulge a document, part of a document or other information that came into his or her possession as a result of the Regulator, the Acting Regulator or an Assistant Regulator performing or exercising his or her functions or powers if that document, part or information is or contains –

(a) a contract or the terms of a contract referred to in subsection (1) ; or

(b) a contract or the terms of a contract if the Regulator was prohibited by this section from investigating the contract or terms at the time the contract or terms came into the possession of the Regulator; or

(c) information which, if published, could cause damage to the commercial interests of a monopoly provider.

(3) The Freedom of Information Act 1991 and the Right to Information Act 2009 do not apply in respect of –

(a) a document, part of a document or information the publication of which is prohibited by subsection (2) ; or

(b) records of the giving, production or obtaining of that document, part of a document or information.

Offences

33 Offences

(1) A person must not –

(a) fail to comply with a requirement made under section 29(1) ; or

(b) provide to the Regulator, in relation to a monopoly provider investigation, oral or written information or a document that the person knows or believes to be false or misleading in a material particular without informing the Regulator of that knowledge or belief; or

(c) [Section 33 Subsection (1) amended by No. 13 of 2015, s. 22, Applied:01 Jul 2015] [Section 33 Subsection (1) amended by No. 13 of 2015, s. 22, Applied:01 Jul 2015] hinder, obstruct or interfere with the the Regulator, the Acting Regulator, an Assistant Regulator or any other person in the performance or exercise of his or her functions or powers under this Part; or

(d) take, or threaten to take, any action that detrimentally affects the employment of another person because that other person has assisted, is assisting or intends to assist the Regulator in a monopoly provider investigation.

Penalty: Fine not exceeding 500 penalty units or a term of imprisonment not exceeding 6 months, or both.

(2) Despite subsection (1) , a person is not required to comply with a requirement made under section 29(1) if to do so would tend to incriminate him or her.

Draft report

34 Draft report

(1) If the terms of reference require that a draft report be made available, the Regulator is to, at an appropriate time during the monopoly provider investigation –

(a) provide a copy of the draft report to –

(i) the Minister; and

(ii) the Portfolio Minister; and

(iii) the monopoly provider specified in the terms of reference; and

(iv) if that monopoly provider is a Local Government Body, the Local Government Association of Tasmania; and

(b) make copies of the draft report available for free or for purchase by the public as the Regulator considers appropriate.

(2) Even if this Act or the terms of reference do not require the Regulator to make a draft report available –

(a) the Regulator –

(i) [Section 34 Subsection (2) amended by No. 13 of 2015, s. 23, Applied:01 Jul 2015] is to provide a copy of a draft report to each person and body referred to in subsection (1)(a) if the Minister and the Portfolio Minister, jointly, require the Regulator to do so by written notice provided to the Regulator; and

(ii) [Section 34 Subsection (2) amended by No. 13 of 2015, s. 23, Applied:01 Jul 2015] at his or her discretion, may provide a copy of a draft report to each person and body referred to in subsection (1)(a) ; and

(b) the Regulator may make copies of a draft report available for free or for purchase by the public if the Minister and the Portfolio Minister agree in writing.

(3) [Section 34 Subsection (3) omitted by No. 13 of 2015, s. 23, Applied:01 Jul 2015] . . . . . . . .

(4) If a draft report is provided or made available to any person or body, the Regulator is to –

(a) allow persons and bodies to whom it has been provided or made available to make submissions in respect of the report to the Regulator; and

(b) take any such submissions into consideration before making a final report.

Final report

35 Final report

(1) In this section –

relevant monopoly provider means the monopoly provider supplying the monopoly service which is the subject of the monopoly provider investigation.

(2) The Regulator, by the day specified in the terms of reference, is to –

(a) prepare a final report in respect of the monopoly provider investigation; and

(b) provide a copy of that final report to –

(i) the Minister; and

(ii) the Portfolio Minister; and

(iii) the relevant monopoly provider; and

(iv) if that monopoly provider is a Local Government Body, the Local Government Association of Tasmania.

(3) The final report is to –

(a) be consistent with this Act and the terms of reference; and

(b) [Section 35 Subsection (3) amended by No. 13 of 2015, s. 24, Applied:01 Jul 2015] make a recommendation in relation to the appropriate maximum prices chargeable by the relevant monopoly provider during the period that any pricing policy order or pricing policy determination that may result from the investigation would be in force.

(c) [Section 35 Subsection (3) amended by No. 13 of 2015, s. 24, Applied:01 Jul 2015] . . . . . . . .

(4) Within 20 sitting-days after receiving a final report, the Portfolio Minister is to lay a copy of the final report before each House of Parliament.

(5) The Regulator is to ensure that copies of a final report are available for purchase by members of the public –

(a) as soon as practicable after it is laid before a House of Parliament; or

(b) if a copy of the final report cannot be laid before either House of Parliament within 30 days after it is received by the Portfolio Minister because neither House is sitting, within that 30-day period.

Pricing policy order

36 Pricing policy order

(1) In this section –

prescribed monopoly provider means –

(a) a monopoly provider specified in Schedule 1 ; or

(b) a monopoly provider declared to be a prescribed monopoly provider under subsection (2) –

but does not include a monopoly provider which has been declared under subsection (9) not to be a prescribed monopoly provider.

(2) The Minister and the Portfolio Minister, jointly, by notice published in the Gazette may declare a monopoly provider to be a prescribed monopoly provider.

(3) Within 90 days after receiving a copy of a final report in respect of a monopoly provider investigation in relation to a monopoly service supplied by a prescribed monopoly provider, the Portfolio Minister is to –

(a) provide a copy of the recommendations contained in the final report to each Minister of the Crown; and

(b) make an order specifying the maximum prices which may be charged by the prescribed monopoly provider in respect of that monopoly service during the period in which the order is in force, taking into consideration –

(i) the recommendations referred to in paragraph (a) ; and

(ii) any comments received in relation to those recommendations from any Minister of the Crown, the monopoly provider and, if the monopoly provider is a Local Government Body, the Local Government Association of Tasmania.

(4) A pricing policy order –

(a) is to repeal, rescind, revoke or amend any statutory rule that prescribes, or relates to the setting or determination of, the price chargeable by the prescribed monopoly provider for the monopoly service in respect of which the order is made to ensure that the only statutory rule setting or determining, or relating to the setting or determination of, the maximum price chargeable is the order itself; and

(b) is to amend an Act, other than this Act, that requires or authorises the prescribing, setting or determination, by statutory rule, of the price or maximum price chargeable by the monopoly provider for the monopoly service in respect of which the order is made to remove that requirement or authorisation, and provisions relating to that requirement or authorisation, from that Act; and

(c) takes effect on the 61st day after notification of its making is published in the Gazette; and

(d) is a statutory rule.

(5) Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 applies to a pricing policy order as if it were regulations within the meaning of that Act.

(6) Despite subsection (5) , a House of Parliament may pass a resolution to approve a pricing policy order at any time within the first 15 sitting-days of that House after the order is laid before it.

(7) The Treasurer may not, under section 3(2) of the Subordinate Legislation Act 1992 , declare a pricing policy order to be subordinate legislation for the purposes of that Act.

(8) A pricing policy order may be amended at any time even if a pricing policy investigation with respect to the monopoly service to which the order relates has not been conducted since the making of the order.

(9) At any time, the Minister and the Portfolio Minister jointly, by notice published in the Gazette, may declare that a monopoly provider referred to in paragraph (a) or (b) of the definition of prescribed monopoly provider in subsection (1) is not a prescribed monopoly provider.

(10) A notice under subsection (2) or (9) is not a statutory rule.

Action by monopoly provider following pricing policy order

37 Action by monopoly provider following pricing policy order

(1) Within the period of 45 days immediately after a pricing policy order in respect of a monopoly service is made, the monopoly provider to which the order relates is to –

(a) determine –

(i) the pricing policies to be applicable to the monopoly service during the period in which the order is in force; and

(ii) the prices to be charged on the day on which the order takes effect and the period during which those prices will apply; and

(b) lodge with the Regulator an application for the approval of those pricing policies and prices, together with any supporting information the Regulator may require.

(2) A monopoly provider is not to amend the pricing policies or prices determined under subsection (1) and approved under subsection (3) unless it has the written approval of the Regulator to do so.

(3) The Regulator –

(a) [Section 37 Subsection (3) amended by No. 13 of 2015, s. 25, Applied:01 Jul 2015] is to approve the determination or amendment by a monopoly provider of its pricing policies in respect of a monopoly service or prices for a monopoly service if the Regulator is satisfied that the policies or prices as determined or amended would be consistent with the pricing policy order made in respect of the monopoly service; and

(b) [Section 37 Subsection (3) amended by No. 13 of 2015, s. 25, Applied:01 Jul 2015] is not to approve such a determination or amendment unless the Regulator is so satisfied.

(4) [Section 37 Subsection (4) amended by No. 13 of 2015, s. 25, Applied:01 Jul 2015] [Section 37 Subsection (4) amended by No. 13 of 2015, s. 25, Applied:01 Jul 2015] The Regulator is to give notice of his or her approval, or disapproval, of the determination or amendment by a monopoly provider of its pricing policies or prices under subsection (3) within 15 days after the Regulator receives the application for approval.

Determination by Portfolio Minister where no pricing policy order made

38 Determination by Portfolio Minister where no pricing policy order made

(1) Within 60 days after receiving a copy of a final report in respect of a monopoly service supplied by a monopoly provider that is not a prescribed monopoly provider within the meaning of section 36 , the Portfolio Minister is to –

(a) provide a copy of the recommendations contained in the final report to each Minister of the Crown; and

(b) taking into consideration those recommendations and any comments received in relation to those recommendations from any Minister of the Crown, the monopoly provider and, if the monopoly provider is a Local Government Body, the Local Government Association of Tasmania, determine the maximum prices which may be charged by the monopoly provider in respect of that monopoly service during the period –

(i) specified in the terms of reference for the investigation under section 25(f) ; and

(ii) commencing on the day the determination takes effect; and

(c) give such directions and take such other action as is necessary to ensure that the monopoly provider acts in accordance with that determination.

(2) For the avoidance of doubt, if the Portfolio Minister is the Minister to whom the administration of the Local Government Act 1993 is assigned and the monopoly provider is a Local Government Body, that body is to comply with a direction of that Minister given under subsection (1)(c) .

Part 4

Prescribed Body Inquiries

Part 4 Prescribed Body Inquiries

Direction to conduct prescribed body inquiry

39 Direction to conduct prescribed body inquiry

(1) The Minister may direct the Regulator to inquire into and report to him or her on a matter relating to or affecting the pricing policies of a prescribed body.

(2) The Minister may make a direction at his or her own discretion or at the request of –

(a) the Regulator; or

(b) a Portfolio Minister; or

(c) a prescribed body.

(3) The Minister is not to give a direction –

(a) [Section 39 Subsection (3) amended by No. 13 of 2015, s. 26, Applied:01 Jul 2015] unless satisfied that undertaking the proposed prescribed body inquiry would not interfere with the ability of the Regulator to exercise his or her other functions; and

(b) unless he or she has first consulted with the Portfolio Minister; and

(c) if the direction relates to one or more Local Government Bodies, unless he or she has first consulted with that body or such of those bodies, or the Local Government Association of Tasmania, as the Minister considers appropriate.

(4) A direction –

(a) may be made in respect of one or more prescribed bodies; and

(b) is to be in writing; and

(c) is to specify the scope of the prescribed body inquiry; and

(d) may specify that the Regulator is not to inquire into, or publish to any person, the terms of a particular contract or a contract of a class of contracts; and

(e) is to specify the day by which the Regulator is to provide a report on the prescribed body inquiry to the Minister; and

(f) is to specify who is liable to pay the costs of the prescribed body inquiry and what proportion of those costs that person or body is liable to pay.

(5) In determining the liability to pay the costs of a prescribed body inquiry, the Minister and Portfolio Minister, jointly, may determine that –

(a) the Regulator is to pay all or a proportion of the costs of the prescribed body inquiry; and

(b) a prescribed body which is the subject of the prescribed body inquiry is to pay all or a proportion of the costs of the prescribed body inquiry; and

(c) a prescribed body which is not the subject of the prescribed body inquiry but which has agreed or offered to pay an amount towards the costs of the prescribed body inquiry is to pay an amount not exceeding the amount specified in the agreement or offer.

(6) Before the Regulator provides the report on a prescribed body inquiry to the Minister, the Minister may amend or rescind the direction by written notice provided to the Regulator and all prescribed bodies to which the direction relates.

(7) The Regulator is to comply with a direction or an amended direction.

Conduct of prescribed body inquiry

40 Conduct of prescribed body inquiry

(1) [Section 40 Subsection (1) amended by No. 13 of 2015, s. 27, Applied:01 Jul 2015] [Section 40 Subsection (1) amended by No. 13 of 2015, s. 27, Applied:01 Jul 2015] Subject to this Act and the regulations, the Regulator may conduct a prescribed body inquiry in such manner as the Regulator considers appropriate and, in particular, may at his or her discretion –

(a) receive written and oral submissions; and

(b) consult with any person; and

(c) hold conferences and seminars; and

(d) determine whether any person wishing or required to appear before the Regulator may be represented by another person.

(2) In conducting a prescribed body inquiry, the Regulator –

(a) [Section 40 Subsection (2) amended by No. 13 of 2015, s. 27, Applied:01 Jul 2015] [Section 40 Subsection (2) amended by No. 13 of 2015, s. 27, Applied:01 Jul 2015] is not bound by the rules of evidence but may inform himself or herself of any matter in any manner the Regulator considers appropriate; and

(b) [Section 40 Subsection (2) amended by No. 13 of 2015, s. 27, Applied:01 Jul 2015] has the power to do all things the Regulator considers necessary or convenient for the purposes of the prescribed body inquiry.

Use of documents or other information

41 Use of documents or other information

(1) [Section 41 Subsection (1) amended by No. 13 of 2015, s. 28, Applied:01 Jul 2015] The Regulator may give directions prohibiting or restricting the publication of any answer, document or other information provided to the Regulator for the purposes of a prescribed body inquiry, a part of any such answer, document or other information or a copy of or extract from any such answer, document, other information or part.

(2) A person must not contravene a direction given under subsection (1) .

Penalty: Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 6 months, or both.

Report on prescribed body inquiry

42 Report on prescribed body inquiry

The Regulator is to provide, by the day specified in the direction to conduct a prescribed body inquiry –

(a) [Section 42 Amended by No. 13 of 2015, s. 29, Applied:01 Jul 2015] a report of his or her findings in the prescribed body inquiry to the Minister; and

(b) unless the direction to conduct the prescribed body inquiry specifies otherwise, a copy of that report to all prescribed bodies to which the prescribed body inquiry relates and their Portfolio Ministers.

Offences

43 Offences

A person must not –

(a) provide, in relation to a prescribed body inquiry, information that the person knows or believes to be false or misleading without informing the Regulator of that knowledge or belief; or

(b) [Section 43 Amended by No. 13 of 2015, s. 30, Applied:01 Jul 2015] hinder, obstruct or interfere with the Regulator or any other person in the performance or exercise of his or her functions or powers in respect of a prescribed body inquiry; or

(c) take, or threaten to take, any action that detrimentally affects the employment of another person because that other person has assisted, is assisting or intends to assist the Regulator in a prescribed body inquiry.

Penalty: Fine not exceeding 100 penalty units.

Part 5

Taxi Fare Methodology Inquiries

Part 5 Taxi Fare Methodology Inquiries

Direction to conduct taxi fare methodology inquiry

44 Direction to conduct taxi fare methodology inquiry

(1) The Minister, on the request of the Transport Commission, may direct the Regulator to inquire into and report to the Transport Commission on appropriate methodologies in respect of setting taxi fares.

(2) The Minister is not to give a direction –

(a) [Section 44 Subsection (2) amended by No. 13 of 2015, s. 31, Applied:01 Jul 2015] unless satisfied that conducting the proposed taxi fare methodology inquiry would not interfere with the ability of the Regulator to exercise his or her other functions; and

(b) [Section 44 Subsection (2) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] unless the Minister to whom the administration of the Taxi and Hire Vehicle Industries Act 2008 is assigned has approved the direction.

(3) A direction –

(a) is to be in writing; and

(b) is to specify the scope of the taxi fare methodology inquiry.

(4) The Transport Commission is liable to pay the costs of the taxi fare methodology inquiry.

(5) [Section 44 Subsection (5) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] Before the Regulator provides the report on a taxi fare methodology inquiry to the Transport Commission, the Minister may amend or rescind the direction by written notice provided to the Regulator and the Transport Commission if the Minister to whom the administration of the Taxi and Hire Vehicle Industries Act 2008 is assigned approves the amendment or rescission.

(6) The Regulator is to comply with a direction or an amended direction.

Conduct of taxi fare methodology inquiry

45 Conduct of taxi fare methodology inquiry

(1) [Section 45 Subsection (1) amended by No. 13 of 2015, s. 32, Applied:01 Jul 2015] Subject to this Act, the Regulator may conduct a taxi fare methodology inquiry in such manner as the Regulator considers appropriate.

(2) In conducting a taxi fare methodology inquiry, the Regulator –

(a) [Section 45 Subsection (2) amended by No. 13 of 2015, s. 32, Applied:01 Jul 2015] [Section 45 Subsection (2) amended by No. 13 of 2015, s. 32, Applied:01 Jul 2015] is not bound by the rules of evidence but may inform himself or herself of any matter in any manner the Regulator considers appropriate; and

(b) [Section 45 Subsection (2) amended by No. 13 of 2015, s. 32, Applied:01 Jul 2015] has the power to do all things the Regulator considers necessary or convenient for the purposes of the taxi fare methodology inquiry.

45A

Matters to be considered in inquiry

45A Matters to be considered in inquiry

[Section 45A Inserted by No. 28 of 2020, s. 4, Applied:30 Dec 2020] In conducting an inquiry under this Part, the Regulator is to consider the following matters:

(a) the efficient cost of providing taxi services;

(b) the need for greater efficiency in the supply of taxi services so as to reduce costs for the benefit of consumers and taxpayers;

(c) the protection of consumers from abuses of monopoly or cartel power in relation to prices and standards of service;

(d) the social impact of the setting of taxi fares in accordance with the results of the inquiry;

(e) the effect, of the setting of taxi fares in accordance with the results of the inquiry, on the use of taxis and other modes of passenger transport;

(f) standards of quality, reliability and safety in relation to taxis, whether those standards are set by legislation, agreement or otherwise;

(g) the degree to which the structure of taxi fares, set in accordance with the results of the inquiry, is comprehensible to passengers and operators of taxi services;

(h) ensuring taxi fares are not discriminatory between classes of consumers and classes of operators of taxi services;

(i) any other matter set out in the direction under section 44(1) in relation to the scope of the inquiry;

(j) any other matter that the Regulator considers relevant.

Offences

46 Offences

A person must not –

(a) provide, in relation to a taxi fare methodology inquiry, information that the person knows or believes to be false or misleading without informing the Regulator of that knowledge or belief; or

(b) [Section 46 Amended by No. 13 of 2015, s. 33, Applied:01 Jul 2015] hinder, obstruct or interfere with the Regulator or any other person in the performance or exercise of his or her functions or powers in respect of a taxi fare methodology inquiry.

Penalty: Fine not exceeding 100 penalty units.

Report on taxi fare methodology inquiry

47 Report on taxi fare methodology inquiry

The Regulator is to provide, by the day specified in the direction to conduct a taxi fare methodology inquiry –

(a) [Section 47 Amended by No. 13 of 2015, s. 34, Applied:01 Jul 2015] a report of his or her findings in the taxi fare methodology inquiry to the Transport Commission; and

(b) a copy of that report to the Minister and to the Minister to whom the administration of the Transport Act 1981 is assigned.

Part 6

Competitive Neutrality Complaints

Part 6 Competitive Neutrality Complaints

Who may make a complaint

48 Who may make a complaint

A person may make a complaint to the Regulator if the person –

(a) believes that a prescribed body has contravened any of the national competition policy competitive neutrality principles; and

(b) is adversely affected by that supposed contravention; and

(c) has discussed that supposed contravention with the prescribed body.

Making complaint

49 Making complaint

A complaint –

(a) is to be made to the Regulator in writing; and

(b) is to include –

(i) the name of the prescribed body; and

(ii) the service provided by the prescribed body; and

(iii) details of how the complainant believes the national competition policy competitive neutrality principles have been contravened; and

(iv) details of how the complainant has been adversely affected by that contravention; and

(v) such other details as the complainant considers relevant; and

(c) is to be accompanied by the prescribed fee.

Preliminary assessment of complaint

50 Preliminary assessment of complaint

(1) Within 30 days after receiving a complaint, the Regulator is to determine whether or not an investigation of the complaint is necessary or appropriate.

(2) For the purpose of ascertaining whether a complaint should be investigated, the Regulator may –

(a) make any preliminary inquiries that the Regulator considers necessary or appropriate; and

(b) require the complainant or prescribed body concerned, within the time specified in the requirement or such longer period as the Regulator allows –

(i) to provide information or documents; and

(ii) to verify all or any part of the complaint or other information or document by statutory declaration.

(3) A prescribed body must comply with a requirement made under subsection (2)(b) .

Penalty: Fine not exceeding 100 penalty units.

(4) After making preliminary inquiries under subsection (1) , the Regulator may –

(a) resolve the complaint under subsection (5) ; or

(b) determine that the complaint is to be investigated; or

(c) refuse to investigate the complaint under section 51 .

(5) After making preliminary inquiries under subsection (1) , the Regulator may resolve the complaint without the complaint being investigated if –

(a) having regard to the nature and seriousness of the complaint, the Regulator believes that the complaint may be resolved expeditiously; and

(b) the parties to the complaint agree to that resolution.

(6) If the Regulator resolves a complaint under subsection (5) , the Regulator is to provide a copy of the complaint and the resolution to the prescribed body concerned, its Portfolio Minister and the complainant.

Refusal to conduct complaint investigation

51 Refusal to conduct complaint investigation

(1) The Regulator may refuse to commence a complaint investigation or, having commenced a complaint investigation, may refuse to continue the complaint investigation or that part of a complaint investigation relating to a matter raised in a complaint if the Regulator is of the opinion –

(a) that the complaint does not contain –

(i) an allegation that one or more of the national competition policy competitive neutrality principles have been contravened; or

(ii) matter to support such an allegation; or

(iii) matter showing how the complainant has been adversely affected by an act of the prescribed body; or

(b) that the complaint, or the matter raised in the complaint, is vexatious or frivolous or not made in good faith; or

(c) that there is no evidence that the complainant has been adversely affected by an act of the prescribed body; or

(d) that, having regard to all the circumstances of the case, the investigation, the continuance of the investigation or the continuance of the investigation of the matter raised in the complaint is unnecessary or unjustifiable.

(2) If the Regulator refuses to commence a complaint investigation or, having commenced a complaint investigation, refuses to continue the complaint investigation or that part of a complaint investigation relating to a matter raised in a complaint, the Regulator is to provide written notice of the refusal –

(a) to the complainant; and

(b) if the Regulator has sought information from a prescribed body under section 50 but not commenced a complaint investigation, to the prescribed body; and

(c) if a complaint investigation has been commenced, to the prescribed body and its Portfolio Minister.

Commencing investigation into complaint

52 Commencing investigation into complaint

If the Regulator determines under section 50(4)(b) that a complaint should be investigated, the Regulator is to commence an investigation of the complaint by –

(a) providing written notice of the intention to investigate to the complainant, the prescribed body concerned and its Portfolio Minister; and

(b) providing a copy of the complaint to the prescribed body concerned and its Portfolio Minister.

Reply to complaint

53 Reply to complaint

(1) Within 30 days after receiving a copy of a complaint and notice of the Regulator's intention to investigate it provided under section 52 , the prescribed body must provide the Regulator with a written reply to the complaint that –

(a) specifies the belief of the prescribed body as to whether the complaint is justified, partly justified or not justified; and

(b) in the case of a belief that the complaint is justified or partly justified, specifies whether the prescribed body proposes to take any action to stop any ongoing contravention of the national competition policy competitive neutrality principles which was the subject of the complaint or to ensure that such a contravention does not occur again; and

(c) in the case of a belief that the complaint or part of the complaint is not justified, sets out the grounds on which that belief is based.

Penalty: Fine not exceeding 100 penalty units.

(2) A reply that specifies that a complaint is justified or partly justified may include recommendations for the alteration of the application of the national competition policy competitive neutrality principles and other recommendations that the prescribed body considers appropriate.

Conduct of complaint investigation

54 Conduct of complaint investigation

(1) [Section 54 Subsection (1) amended by No. 13 of 2015, s. 35, Applied:01 Jul 2015] Subject to this Act and the regulations, the Regulator may conduct a complaint investigation in such manner as the Regulator considers appropriate and, in particular, may –

(a) receive written and oral submissions; and

(b) consult with any person; and

(c) hold conferences and seminars; and

(d) determine whether or not any person wishing or required to appear before the Regulator may be represented by another person.

(2) In conducting a complaint investigation, the Regulator –

(a) [Section 54 Subsection (2) amended by No. 13 of 2015, s. 35, Applied:01 Jul 2015] [Section 54 Subsection (2) amended by No. 13 of 2015, s. 35, Applied:01 Jul 2015] is not bound by the rules of evidence but may inform himself or herself of any matter in any manner the Regulator considers appropriate; and

(b) [Section 54 Subsection (2) amended by No. 13 of 2015, s. 35, Applied:01 Jul 2015] has the power to do all things the Regulator considers necessary or convenient for the purposes of the complaint investigation.

Requiring person to give evidence or provide document

55 Requiring person to give evidence or provide document

(1) In a complaint investigation, the Regulator may require a person, by written notice provided to the person, to do any one or more of the following:

(a) attend before the Regulator and answer questions which, in the opinion of the Regulator, are relevant to the investigation;

(b) provide to the Regulator, in the manner specified in the notice, any document specified in the notice which is in the person's possession or control and which, in the opinion of the Regulator, is relevant to the investigation;

(c) provide to the Regulator, in the manner specified in the notice, any other information specified in the notice which, in the opinion of the Regulator, is relevant to the investigation.

(2) A person who attends before the Regulator under a requirement referred to in subsection (1)(a) may, at the Regulator's discretion, be paid by the Regulator reasonable allowances and expenses.

(3) Despite subsection (1) , the Regulator may not require a person –

(a) to answer a question, or provide information, if to do so would require the person to divulge information contained in or relating to a Cabinet record; or

(b) to provide to the Regulator a Cabinet record.

Use of documents or other information

56 Use of documents or other information

(1) The Regulator –

(a) may examine, take possession of, make copies of and take extracts from any document provided under a requirement referred to in section 55(1)(b) or (c) ; and

(b) may retain that document for so long as is necessary for the purposes of the investigation; and

(c) is to allow a person who would be entitled to inspect the document if it were not in the possession of the Regulator to inspect it, make a copy of it or take an extract from it at any reasonable time.

(2) [Section 56 Subsection (2) amended by No. 13 of 2015, s. 36, Applied:01 Jul 2015] The Regulator may give directions prohibiting or restricting the publication of any answer, document or other information provided to the Regulator under a requirement referred to in section 55(1) , a part of any such answer, document or other information or a copy of or extract from any such answer, document, other information or part.

(3) A person must not contravene a direction given under subsection (2) .

Penalty: Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 6 months, or both.

(4) [Section 56 Subsection (4) amended by No. 13 of 2015, s. 36, Applied:01 Jul 2015] The Regulator may make any answer, document or other information provided to the Regulator under a requirement referred to in section 55(1) or part of any such answer, document or other information available to any person as the Regulator considers appropriate except where –

(a) to do so would contravene a direction; or

(b) the answer, document, other information or part contains information which is exempt information under the Freedom of Information Act 1991 or the Right to Information Act 2009 .

Decision of Regulator

57 Decision of Regulator

(1) After conducting a complaint investigation, the Regulator is to determine whether or not the complaint is justified.

(2) If the Regulator determines that the complaint is justified, the Regulator is to provide to the Minister, the Portfolio Minister, the prescribed body and the complainant a written report of that determination containing one or more of the following recommendations:

(a) that the application of the national competition policy competitive neutrality principles be changed;

(b) that the prescribed body be directed to change the manner in which it applies the national competition policy competitive neutrality principles to the service which is the subject of the complaint.

(3) The determination of the Regulator is final.

(4) The complainant is not entitled to compensation for the adverse effects suffered.

Time by which complaint investigation to be completed

58 Time by which complaint investigation to be completed

(1) A complaint investigation, including the provision of the report under section 57(2) , is to be completed within 45 days after the Regulator receives under section 53 the written reply of the prescribed body or such longer period as the Minister may allow under this section.

(2) The Minister may extend the period within which the complaint investigation is to be completed for a period not exceeding 30 days.

(3) The Minister may grant an extension under subsection (2) more than once.

(4) On granting an extension, the Minister is to notify the Regulator in writing of –

(a) that extension; and

(b) the day by which the complaint investigation is to be completed; and

(c) the day by which the report under section 57(2) is to be provided.

59.

[Section 59 Repealed by No. 13 of 2015, s. 37, Applied:01 Jul 2015]

Action by prescribed body on determination

60 Action by prescribed body on determination

(1) [Section 60 Subsection (1) amended by No. 13 of 2015, s. 38, Applied:01 Jul 2015] Within 30 days after receiving a report on a complaint investigation under section 57(2) that contains a recommendation of a kind referred to in section 57(2)(b) , the prescribed body must provide the Regulator with written notice of any action it has taken or intends to take as a result of receiving that report and, if the prescribed body intends to take an action, the period in which that action is intended to be taken.

Penalty: Fine not exceeding 100 penalty units.

(2) [Section 60 Subsection (2) substituted by No. 13 of 2015, s. 38, Applied:01 Jul 2015] At any time after the end of the period referred to in subsection (1) , the Regulator may require the prescribed body, within the period specified in the requirement, to provide the Regulator with information in respect of –

(a) any action the prescribed body has taken or is still to take as a result of receiving the complaint investigation report under section 57(2) ; or

(b) any recommendation, in the report, of a kind referred to in section 57(2)(a) or (b) in respect of which the prescribed body is not intending to take action.

(3) A prescribed body must not contravene a requirement made under subsection (2) .

Penalty: Fine not exceeding 100 penalty units.

60A

Minister may make direction

60A Minister may make direction

[Section 60A Inserted by No. 13 of 2015, s. 39, Applied:01 Jul 2015]

(1) Within 45 days after receiving a written notice from a prescribed body under section 60(1) , the Regulator is to provide to the Minister, and the Portfolio Minister, a report on –

(a) the action the prescribed body has taken, or intends to take, as specified in the written notice; and

(b) any recommendations in the report on a complaint investigation under section 57(2) (the investigation report), that is the basis for the written notice, in respect of which the prescribed body has not taken action and does not intend to take action.

(2) After receiving a report under subsection (1) , the Minister, with the agreement of the Portfolio Minister, may –

(a) make such directions to the prescribed body that the Minister considers necessary to ensure the prescribed body implements the recommendations of a kind referred to in section 57(2)(a) or (b) specified in the investigation report; or

(b) refuse to make a direction under paragraph (a) in respect of the prescribed body; or

(c) request further information from the Regulator and then make a direction under paragraph (a) or refuse to make a direction under paragraph (b) .

(3) The Regulator may, at any time and whether or not the Minister has made a request under subsection (2)(c) , provide the Minister with further information in respect of a prescribed body or investigation report.

(4) A direction under subsection (2)(a) –

(a) may be made at any time after the Minister receives a report under subsection (1) ; and

(b) is to be in writing to the prescribed body; and

(c) is to specify the action that the prescribed body is to take; and

(d) may specify the period in which the action is to be taken by the prescribed body.

(5) A person to whom a direction under subsection (2)(a) applies must comply with that direction.

Penalty: Fine not exceeding 100 penalty units.

(6) If the Minister makes a direction under subsection (2)(a) , the Minister is to –

(a) provide a copy of the direction to the Regulator; and

(b) notify the complainant that a direction has been made.

(7) If the Minister refuses to make a direction under subsection (2)(b) , the Minister is to notify the Regulator, and complainant, in writing of that refusal.

Refund of fee accompanying complaint

61 Refund of fee accompanying complaint

If the Regulator determines that a complaint is justified, the Regulator is to refund to the complainant any prescribed fee paid under section 49(c) .

Offences

62 Offences

(1) A person must not –

(a) fail to comply with a requirement made under section 55(1) ; or

(b) provide to the Regulator in relation to a complaint investigation information that the person knows or believes to be false or misleading without informing the Regulator of that knowledge or belief; or

(c) [Section 62 Subsection (1) amended by No. 13 of 2015, s. 40, Applied:01 Jul 2015] hinder, obstruct or interfere with the Regulator or any other person in the performance or exercise of his or her functions or powers in respect of the conduct of a complaint investigation; or

(d) take, or threaten to take, any action that detrimentally affects the employment of another person because that other person has assisted, is assisting or intends to assist the Regulator in the conduct of a complaint investigation.

Penalty: Fine not exceeding 100 penalty units.

(2) Despite subsection (1)(a) , a person is not required to comply with a requirement made under section 55(1) if to do so would tend to incriminate that person.

Part 7

Miscellaneous

Part 7 Miscellaneous

Non-application of certain Acts to certain information

63 Non-application of certain Acts to certain information

The Freedom of Information Act 1991 and the Right to Information Act 2009 do not apply in respect of –

(a) any answer, document, other information or part of any answer, document or other information in respect of which a direction has been given under section 30(2) , 41(1) or 56(2) ; and

(b) records relating to the production of any such answer, document, other information or part.

Service of documents

64 Service of documents

(1) A document is effectively provided, served or given to the Regulator if it is –

(a) left at, or sent by post to, the Department or the office or address of the Regulator; or

(b) faxed to the fax number of the Department or the Regulator; or

(c) emailed to the email address of the Department or the Regulator.

(2) A document is effectively provided, served or given by the Regulator to a person or Agency if it is –

(a) in the case of a natural person –

(i) given to the person; or

(ii) left at or sent by post to the person's postal or residential address or address of business or employment last known to the Regulator; or

(iii) faxed to the person's fax number; or

(iv) emailed to the person's email address; and

(b) in the case of any other person or an Agency –

(i) left at or sent by post to the person or Agency's principal or registered office or principal place of business; or

(ii) faxed to the person or Agency's fax number; or

(iii) emailed to the person or Agency's email address.

Amendment of Schedule 1

65 Amendment of Schedule 1

(1) The Governor, by order, may –

(a) repeal Schedule 1 ; or

(b) repeal Schedule 1 and substitute another Schedule for it; or

(c) amend Schedule 1 .

(2) An order under this section may not –

(a) amend Schedule 1 so as to specify in that Schedule for the purposes of section 25(f)(i) a period of more than 5 years; or

(b) substitute for Schedule 1 another Schedule which specifies for the purposes of section 25(f)(i) a period of more than 5 years.

(3) Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act.

(4) The Treasurer may not, under section 3(2) of the Subordinate Legislation Act 1992 , declare an order under this section to be subordinate legislation for the purposes of that Act.

Regulations

66 Regulations

(1) The Governor may make regulations for the purposes of this Act.

(2) Without limiting the generality of subsection (1) , regulations may be made –

(a) for and in relation to the conduct by the Regulator of monopoly provider investigations, prescribed body inquiries, taxi fare methodology inquiries and complaint investigations; and

(b) providing for the fees payable under this Act.

(3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

(4) The regulations may –

(a) provide that a contravention of any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(5) The regulations may authorise any matter to be from time to time determined, applied, approved or regulated by the Minister.

(6) The regulations may –

(a) provide for savings and transitional matters necessary or expedient for bringing this Act into operation; and

(b) provide for any of those savings or transitional matters to take effect when this Act commences or on a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.

Administration of Act

67 Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act is assigned to the Treasurer; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Treasury and Finance.

Savings and transitional provisions

68 Savings and transitional provisions

(1) In this section –

commencement day means the day on which this Act commences.

(2) On and after the commencement day –

(a) a declaration may not be made under section 5 or 6 of the Government Prices Oversight Act 1995 ; and

(b) a requirement to conduct an investigation into, and report on, the pricing policies of a monopoly provider, within the meaning of the Government Prices Oversight Act 1995 , may not be made under section 24 of that Act; and

(c) a direction to inquire into and report on a matter relating to or affecting the pricing policies of a prescribed body, within the meaning of the Government Prices Oversight Act 1995 , may not be given under section 39A of that Act; and

(d) a complaint may not be made under section 39G of the Government Prices Oversight Act 1995 .

(3) [Section 68 Subsection (3) omitted by No. 13 of 2015, s. 42, Applied:01 Jul 2015] . . . . . . . .

68A

Further savings and transitionals

68A Further savings and transitionals

[Section 68A Inserted by No. 13 of 2015, s. 41, Applied:01 Jul 2015]

(1) In this section –

commencement day means the day on which the Economic Regulator Amendment Act 2015 commences;

former Regulator means the Regulator established under section 9 as in force immediately before the commencement day;

sole Regulator means the Regulator appointed under section 9 as in force on, and after, the commencement day.

(2) On the commencement day –

(a) the appointment of each member of the former Regulator is revoked; and

(b) a member of the former Regulator is only entitled to receive any benefits in respect of the revocation as may be specified in his or her instrument of appointment as such a member.

(3) On and after the commencement day, a reference to a member of the Regulator by title, other than in this section, is taken to be a reference to the sole Regulator, as required.

(4) Any legal or other proceedings that, before the commencement day, might have been continued or instituted by or against the former Regulator, or a member of the former Regulator in his or her capacity as member, may, on and after that day, be continued or instituted by or against the sole Regulator.

(5) In this, or any other, Act, any action or decision of the former Regulator before the commencement day that was done or made in its capacity as the former Regulator is taken on and after that day to be an action or decision of the sole Regulator.

Repeals and rescissions

69 Repeals and rescissions

(1) The following Acts are repealed on a day to be proclaimed:

(a) Government Prices Oversight Act 1995 ;

(b) Government Prices Oversight Amendment Act 2007 .

(2) The Government Prices Oversight Regulations 2008 are rescinded on the day proclaimed under subsection (1) .

(3) The Proclamation under the Government Prices Oversight Amendment Act 2007 is revoked on the day proclaimed under subsection (1) .

SCHEDULE 1 - Certain monopoly

SCHEDULE 1 - Certain monopoly providers

SCHEDULE 1 - Certain monopoly SCHEDULE 1 - Certain monopoly providers

Sections 3 , 6 , 24 , 25 and 65

[Schedule 1 Amended by No. 13 of 2015, s. 43, Applied:01 Jul 2015]

SCHEDULE 2

SCHEDULE 2 SCHEDULE 2

[Schedule 2 Repealed by No. 13 of 2015, s. 44, Applied:01 Jul 2015]

SCHEDULE 3

SCHEDULE 3 SCHEDULE 3

[Schedule 3 Repealed by No. 13 of 2015, s. 44, Applied:01 Jul 2015]

SCHEDULE 4

SCHEDULE 4 SCHEDULE 4

[Schedule 4 Repealed by No. 13 of 2015, s. 44, Applied:01 Jul 2015]

Source text: opening excerpt

Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.

Part 1 Preliminary

1 Short title

This Act may be cited as the Economic Regulator Act 2009 .

2 Commencement

This Act commences on a day to be proclaimed.

3 Interpretation

(1) In this Act, unless the contrary intention appears –

[Section 3 Subsection (1) amended by No. 13 of 2015, s. 4, Applied:01 Jul 2015] Acting Regulator means a person appointed under section 16 to act as the Regulator;

Agency means an Agency within the meaning of the State Service Act 2000 , other than a Government Business Enterprise or statutory authority;

amend means –

(a) omit any matter; or

(b) insert or add any matter; or

(c) omit any matter and substitute any other matter;

ancillary service means an ancillary service within the meaning of the National Electricity Rules;

[Section 3 Subsection (1) amended by No. 13 of 2015, s. 4, Applied:01 Jul 2015] Assistant Regulator mean a person appointed under section 16A as Assistant Regulator;

Cabinet record means a record which –

(a) is referred to in section 24(1) of the Freedom of Information Act 1991 or section 26 of the Right to Information Act 2009 ; and

(b) contains exempt information, within the meaning of that Act, to which that section applies;