(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 ;
(a) the Local Government Association of Tasmania continued as a body corporate by section 326 of theLocal 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;
(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) ;
(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;
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 ;
(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.