Economic Regulator Act 2009
31Matters to be considered
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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.