38Determination 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) .