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;