QLDIn ForceAct
Electricity Act 1994
sec.91BReserve power of Minister to reintroduce price determination
Start here
Get a plain-English read of sec.91B
Turn the raw legal text into a practical explanation grounded in Electricity Act 1994.
### sec.91B Reserve power of Minister to reintroduce price determination
This section applies if—
under section 89E , division 3 does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer may charge in relation to the sale of electricity to particular customers; and
either—
the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or
an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and
as a result of the review, the reviewer—
considers that competition in the relevant market is not effective; and
gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.
The Minister may decide to make a price determination for the prices that the retailer may charge in relation to the sale of electricity to the customers.
If the Minister decides to make a price determination under subsection (2) , division 3 , other than section 89E , applies for making the price determination.
In this section—
AEMC see the NERL (Qld), section 2 .
MCE directed review see the NERL (Qld), section 2 .
s 91B prev s 91B ins 2006 No. 60 s 25 (amd 2007 No. 17 s 42 )
om 2011 No. 29 s 10
pres s 91B ins 2014 No. 48 s 50
(sec.91B-ssec.1) This section applies if— under section 89E , division 3 does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer may charge in relation to the sale of electricity to particular customers; and either— the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and as a result of the review, the reviewer— considers that competition in the relevant market is not effective; and gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.
(sec.91B-ssec.2) The Minister may decide to make a price determination for the prices that the retailer may charge in relation to the sale of electricity to the customers.
(sec.91B-ssec.3) If the Minister decides to make a price determination under subsection (2) , division 3 , other than section 89E , applies for making the price determination.
(sec.91B-ssec.4) In this section— AEMC see the NERL (Qld), section 2 . MCE directed review see the NERL (Qld), section 2 .
- (a) under section 89E , division 3 does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer may charge in relation to the sale of electricity to particular customers; and
- (b) either— (i) the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or (ii) an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and
- (i) the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or
- (ii) an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and
- (c) as a result of the review, the reviewer— (i) considers that competition in the relevant market is not effective; and (ii) gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.
- (i) considers that competition in the relevant market is not effective; and
- (ii) gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.
- (i) the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or
- (ii) an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and
- (i) considers that competition in the relevant market is not effective; and
- (ii) gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.