21Regulation of tariffs for prescribed customers

21 Regulation of tariffs for prescribed customers S. 21(1) amended by No. 6/2019 s. 11(1). (1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of gas to prescribed customers or a class of prescribed customers. S. 21(1A) inserted by No. 59/2008 s. 21(1), substituted by No. 6/2019 s. 11(2). (1A) The Minister may make a recommendation under subsection (1)— (a) if, under an MCE directed retail competition review, the AEMC— (i) concludes that competition in a market for gas is not effective; and (ii) recommends, in accordance with the MCE's written direction for that review, that price controls on prices for retail gas services be (as the case requires) retained or reintroduced; or (b) if the Commission makes a recommendation in a report under section 10AAB of the **Essential Services Commission Act 2001** that price controls on prices for retail gas services be (as the case requires) retained or reintroduced. S. 21(1B) inserted by No. 6/2019 s. 11(2). (1B) In addition, the Minister may make a recommendation under subsection (1) on the basis of any other information available to the Minister, including information made available to the Minister before the commencement of this subsection. S. 21(1C) inserted by No. 6/2019 s. 11(2). (1C) Before making a recommendation under subsection (1), the Minister must consult the Premier and the Treasurer. (2) Without limiting the generality of subsection (1), the manner may include— (a) fixing the tariff or the rate of increase or decrease in the tariff; (b) fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff; (c) fixing an average tariff or an average rate of increase or decrease in the average tariff; (d) specifying policies and principles for fixing tariffs; (e) specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor; (f) specifying a tariff determined by reference to any one or more of the following— (i) a prescribed customer or class of prescribed customers; (ii) a person or a class of persons authorised to sell gas; (iii) the purpose for which the gas is used; (iv) the quantity of gas used; (v) the period of use; (vi) the place of supply; (vii) any other specified factor relevant to the sale of gas. S. 21(2AA) inserted by No. 6/2019 s. 11(3). (2AA) Without limiting the generality of subsection (1), an Order under that subsection may— (a) prohibit or exclude any specified cost, matter or thing from being had regard to by the Commission in making a decision, including a price determination, in respect of any tariff for the sale of gas to prescribed customers or a class of prescribed customers; and (b) regulate the offer, or the giving, of a discount or other benefit to prescribed customers or a class of prescribed customers, including— (i) the maximum amount or value of a discount or other benefit that may be offered or given to prescribed customers or a class of prescribed customers; and (ii) the periods when a discount or other benefit may be offered or given to prescribed customers or a class of prescribed customers. S. 21(2A) inserted by No. 59/2008 s. 21(2), amended by No. 6/2019 s. 11(4). (2A) Without limiting the generality of subsection (1), in determining the manner tariffs for the sale of gas to prescribed customers or a class of prescribed customers are to be regulated, the Governor in Council may have regard to the tariffs paid or payable by the prescribed customers or a class of prescribed customers. S. 21(3) amended by Nos 62/2001 s. 77(c)(ii)(d), 75/2004 s. 34(1), substituted by No. 6/2019 s. 11(5). (3) An Order under subsection (1) may— (a) direct the Commission to make a decision, including a price determination, in respect of any factors and matters, or in accordance with any procedures, matters or bases, that are specified in the Order; and (b) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and (c) confer powers and functions on, and leave any matter to be decided by, the Commission; and (d) include saving and transitional provisions. S. 21(3A) inserted by No. 6/2019 s. 11(5). (3A) An Order under subsection (1) may— (a) be of general or limited application; (b) differ according to differences in time, place and circumstances. S. 21(3B) inserted by No. 6/2019 s. 11(5). (3B) An Order under subsection (1) has effect according to its tenor despite anything to the contrary in any agreement or contract. S. 21(4) amended by No. 62/2001 s. 77(c)(ii), substituted by No. 75/2004 s. 34(2). (4) An Order under subsection (1) has effect as from the date specified in the Order. S. 21(4A) inserted by No. 75/2004 s. 34(2), amended by No. 6/2019 s. 11(6), repealed by No. 41/2021 s. 57. (5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a prescribed customer or class of prescribed customers. S. 21(6) def. of *MCE* *directed retail competition review* inserted by No. 59/2008 s. 21(3)(b). ***MCE directed retail competition review*** means an MCE directed review (within the meaning of the National Gas (Victoria) Law) under section 79(1)(e) of that Law; S. 21(6) def. of *prescribed customer* amended by No. 59/2008 s. 21(3)(a). ***prescribed customer*** means a person, or a member of a class of persons, to whom an Order under subsection (5) applies; S. 21(6) def. of *price determination* inserted by No. 6/2019 s. 11(7)(a). ***price determination*** means a determination under section 33 of the **Essential Services Commission Act 2001**. S. 21(6) def. of *review period* inserted by No. 59/2008 s. 21(3)(b), repealed by No. 6/2019 s. 11(7)(b). S. 21(7) amended by No. 40/2003 s. 3, substituted by No. 91/2004 s. 16, amended by No. 55/2007 s. 16, repealed by No. 59/2008 s. 21(4). Division 2—Licences