44Electricity pricing order by Minister

44 Electricity pricing order by Minister (1) The Minister may issue an order (an electricity pricing order) regulating prices for the sale of electricity to customers of a class prescribed by regulation. (2) An electricity pricing order may regulate prices in any manner the Minister considers appropriate including: (a) fixing a price or the rate of increase or decrease in a price;

Electricity Reform Act 2000 30 (b) fixing a maximum price or maximum rate of increase or minimum rate of decrease in a maximum price; (c) fixing an average price for specified goods or services or an average rate of increase or decrease in an average price; (d) specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor; (e) specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the sale of specified goods or services; (f) specifying pricing policies or principles; and (g) fixing a maximum revenue, or maximum rate of increase or minimum rate of decrease in maximum revenue, in relation to specified goods or services. (3) An electricity pricing order may provide that a calculation is to be performed, or a matter is to be determined, by the Utilities Commission in a manner specified by the order. (3A) An electricity pricing order may: (a) determine specific prices for the purposes of retailer of last resort arrangements; or (b) require a retailer of last resort to submit its proposed tariffs to the Utilities Commission for approval in accordance with a calculation or manner of determination specified in accordance with subsection (3). (4) An electricity pricing order may also regulate the terms and conditions (including the conditions relating to performance standards) on which the relevant electricity, goods and services are to be provided. (5) A determination of the Utilities Commission for the purposes of an electricity pricing order will not, except as provided in the order, be taken to be a determination for the purposes of the Utilities Commission Act 2000. (6) An electricity pricing order may require an electricity entity to provide information to the Utilities Commission, other electricity entities, customers or others, or generally publish information, relating to prices or other matters.

Electricity Reform Act 2000 31 (7) An electricity pricing order: (a) takes effect on a date specified in the order; and (b) remains in force for not longer than the prescribed period. (7A) The date specified, under subsection (7)(a), in an electricity pricing order may be a date earlier than the date the order is made if the order has the effect of regulating prices in a manner that does not increase a price from the order previously in force. (8) Notice of the making of an electricity pricing order must be published: (a) in the Gazette; and (b) in a newspaper circulating generally in the Territory. (9) The notice must include a brief description of the nature and effect of the electricity pricing order and state how a copy of the order may be inspected or purchased. (10) The Minister must: (a) send a copy of an electricity pricing order to each electricity entity to which the order applies; and (b) ensure that copies of the order are available for inspection and purchase by members of the public. (11) An electricity entity must comply with an electricity pricing order or part of an electricity pricing order that applies to the entity. (12) The Utilities Commission must: (a) perform any functions that an electricity pricing order contemplates will be performed by the Utilities Commission for the purposes of the order; and (b) enforce an electricity pricing order under section 23 of the Utilities Commission Act 2000 in the same way as if it were a determination of the Utilities Commission under that Act. (13) The Utilities Commission's powers under this Division and the Utilities Commission Act are restricted to the extent specified in an electricity pricing order. (14) In this section: prescribed period means 5 years or, in respect of the first electricity pricing order issued, 3 years.