23Conduct of inquiries

23 Conduct of inquiries

S. 23(1) amended by No. 73/2003 s. 13(1).

(1) The Commission must, not later than 30 June 2006, conduct and complete an inquiry under the Essential Services Commission Act 2001 to make a recommendation to the Minister administering the Essential Services Commission Act 2001 as to whether or not a facility has ceased to be a significant infrastructure facility or has become a significant infrastructure facility.

S. 23(2) amended by No. 73/2003 s. 13(2).

(2) If the Minister administering the Essential Services Commission Act 2001 has determined that a facility is or continues to be a significant infrastructure facility, the Commission must conduct a further inquiry under the Essential Services Commission Act 2001 before the expiry of each subsequent period of 5 years commencing from the date that the last inquiry commenced, to make a recommendation to the Minister administering the Essential Services Commission Act 2001 as to whether or not a facility has ceased to be a significant infrastructure facility or has become a significant infrastructure facility.

(3) Despite anything to the contrary in the Essential Services Commission Act 2001, the following applies to an inquiry conducted under this section—

(a) the Commission must publish notice of the inquiry in a daily newspaper generally circulating in Victoria;

(b) the notice must specify—

(i) the purposes of the inquiry;

(ii) the period during which the inquiry is to be held;

(iii) the period within which members of the public may make submissions;

(iv) the form in which submissions may be made;

(v) details of public hearings;

(vi) the matters about which the Commission is seeking submissions or intends to consider during public hearings;

(c) the Commission must send a copy of the notice to such persons engaged in the regulated industry and other persons or bodies that the Commission considers should be notified.

S. 23(4) amended by No. 41/2021 s. 127.

(4) Despite section 5(1) of the Essential Services Commission Act 2001, if a provision of Part 5 of that Act is inconsistent with this Part, this Part prevails.

S. 23A inserted by No. 73/2003 s. 14.