36Pricing 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