Schedule 2 Commission appointments and
working arrangements
(see s 6 (2))
2.1 Standing commissioners
(1) The Executive must appoint 1 or more standing commissioners.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see Legislation
Act s 207).
(2) A standing commissioner holds office (subject to this Act) for a term
not longer than 5 years.
Note A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1,
def appoint).
2.1AA Arrangements if more than 1 standing commissioner
(1) This section applies if the commission is constituted by more than
1 standing commissioner.
(2) The Executive must appoint 1 standing commissioner as senior
commissioner.
(3) If the senior commissioner ceases to hold office or is suspended from
office (under section 2.4 or section 2.5), the Minister must (by
instrument) nominate another standing commissioner as senior
commissioner.
(4) If a suspended senior commissioner resumes office as a
commissioner, they also resume office in the capacity of senior
commissioner (and the nominated replacement ceases to hold office
in that capacity).
Section 2.1A
2.1A Associate commissioners
(1) The Executive may appoint 1 or more commissioners (associate
commissioners) for a particular investigation, in consideration of
advice received from the commission about the need for such an
appointment (or appointments).
(2) An associate commissioner holds office (subject to this Act) until the
conclusion of the investigation for which the associate commissioner
is appointed.
2.1B Qualifications
The Executive may only appoint as commissioner a person who has
knowledge or experience in 1 or more of the following fields:
(a) commerce;
(b) economics;
(c) industry;
(d) law;
(e) public administration.
2.1C Terms of office
(1) A commissioner is appointed on terms (not inconsistent with this Act)
decided by the Executive.
(2) A commissioner may be appointed on a full-time or part-time basis.
(3) A full-time commissioner may engage in paid employment outside
the functions of the office only with the earlier written approval of the
Minister.
Section 2.1E
2.1E Arrangement of business
(1) The senior commissioner—
(a) is responsible for ensuring the orderly and expeditious discharge
of the functions of the commission; and
(b) presides over those investigations that the senior commissioner
sits on.
(2) The senior commissioner may give directions for any of the
(a) the arrangement of business;
(b) the commissioner or commissioners who will constitute the
commission for particular purposes;
(c) the procedure of the commission generally.
(3) If the senior commissioner does not sit on an investigation, or ceases
to sit on an investigation, the senior commissioner must—
(a) nominate a commissioner to preside over the investigation; and
(b) if a nominated presiding commissioner later ceases to sit on the
investigation—nominate another commissioner to preside over
the investigation.
(4) If a commissioner sitting on an investigation is directed to cease doing
so (under section 2.2), ceases to hold office (under section 2.4 or
section 2.5), or is suspended from office (under section 2.5), the
senior commissioner may—
(a) direct that the investigation continue under the remaining
commissioners constituting the commission for the
investigation; or
(b) direct that the investigation continue with another commissioner
replacing the commissioner who has ceased to hold office, or
been suspended from office; or
Section 2.1F
(c) dissolve the commission (as constituted for the investigation),
reconstitute the commission for the investigation under the same
or different commissioners, and direct that the investigation be
started again under the reconstituted commission; or
(d) if a commissioner sitting on the investigation is suspended from
office—direct that the investigation is suspended, or issue
another direction under this subclause.
2.1F Exercise of powers
The commission’s powers may be exercised for particular purposes
by—
(a) the senior commissioner, or a person authorised by the senior
commissioner for those purposes; or
(b) if a direction has been given under section 2.1E (2) (b)—by the
commissioner or commissioners who constitute the commission
for those purposes.
2.1G Decision-making
When the commission is constituted by more than 1 person, a
decision of the commission must be made—
(a) in accordance with the unanimous or majority opinion of the
commissioners constituting the commission; or
(b) if the commissioners are equally divided in opinion—in
accordance with the opinion of the presiding commissioner (see
section 2.1E (1) and (3)).
2.2 Disclosure of interests
(1) Before a commissioner exercises a function, the commissioner must
give written notice to the Minister of any direct or indirect pecuniary
interests that the commissioner has in relation to the exercise of the
function.
Section 2.3
(2) On receiving notice of a commissioner’s interests, the Minister may,
by written notice—
(a) direct the senior commissioner to give notice of the interests to
any person whose interests are significantly affected by the
exercise of the function; or
(b) direct the commissioner to cease exercising the function.
(3) A commissioner must comply with a direction of the Minister under
subsection (2).
2.3 Remuneration and allowances
A commissioner is entitled to the remuneration, allowances and other
entitlements—
(a) that are determined by the remuneration tribunal in relation to
the commissioner; or
(b) if there is no such determination—that are determined by the
Chief Minister in relation to the commissioner by an interim
determination under the Remuneration Tribunal Act 1995.
2.4 Resignation
A commissioner may resign by giving a signed notice of resignation
to the Minister.
2.5 Removal from office
(1) The Executive may, by written notice to a commissioner, suspend the
commissioner from office for mental or physical incapacity or
incompetence.
(2) A notice of suspension must include a full statement of the grounds
for suspension.
(3) A notice of suspension must be presented to the Legislative Assembly
within 7 sitting days after it is given to the commissioner.
Section 2.5
(4) The Executive must remove the commissioner from office if, within
15 sitting days after the notice of suspension was presented to the
Legislative Assembly, the Assembly by resolution declares that the
commissioner ought to be removed from office.
(5) The commissioner must resume office if, after 15 sitting days have
elapsed since the notice of suspension was presented to the
Legislative Assembly, the Legislative Assembly has not passed a
resolution declaring that the commissioner ought to be removed from
office.
(6) A commissioner ceases to hold office if the commissioner becomes
bankrupt or personally insolvent.
Industry panels constitution and procedure Schedule 3
Section 3.1
Schedule 3 Industry panels constitution
and procedure
(see s 24M)
3.1 Appointment of members of industry panels
(1) The referring authority must appoint an industry panel of 3 members
(1 of whom is declared in the appointment as the president) to hear
an application for the review of a price direction.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see Legislation
Act s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
Note 4 A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of
appoint).
(2) The following are not eligible to be members of an industry panel
established for the review of a price direction:
(a) a commissioner;
(b) a member of the staff of the commission;
(c) a party to the review.
(3) A member holds office (subject to this Act) until the conclusion of
the review for which the member is appointed.
(4) A member is otherwise appointed on terms, not inconsistent with this
Act, determined by the referring authority.
Schedule 3 Appointment of members of industry panels
Section 3.2
3.2 Qualifications
A member of an industry panel must have knowledge or experience
in 1 of the following fields:
(a) commerce;
(b) economics;
(c) industry;
(d) law;
(e) public administration.
3.4 Remuneration and allowances
A member of a panel is entitled to the remuneration, allowances and
other entitlements—
(a) that are determined by the remuneration tribunal in relation to
the member; or
(b) if there is no such determination—that are determined by the
Chief Minister in relation to the member by an interim
determination under the Remuneration Tribunal Act 1995.
3.5 Presiding member
(1) The president presides over the hearing of an application.
(2) If the president resigns or is removed from office, the referring
authority must declare another member to be the presiding member.
(3) A declaration must be in writing.
(4) A copy of a declaration must be given to the other members of the
panel and the parties to the review.
Appointment of members of industry panels Schedule 3
Section 3.6
3.6 Decision-making
The panel’s decision on a review must be reached as follows:
(a) if all, or a majority, of the panel are of a particular opinion—the
decision is to be made according to that opinion;
(b) if no 2 members agree—in accordance with the opinion of the
president or, if the president has resigned or been removed from
office, the presiding member.
3.7 Disclosure of interests
(1) Before a panel begins to hear an application for review, the members
of the panel must give written notice to the referring authority of any
direct or indirect pecuniary interests that they have in relation to the
review.
(2) On receiving notice of the interests of a member of a panel, the
referring authority may—
(a) give written notice of the interests to the other members and to
the parties to the review; or
(b) by written notice to the member, remove the member from
office.
(3) The referring authority must give a copy of a notice of the removal of
a member from office to the other members and to the parties to the
review.
(4) If a member of a panel is removed from office—
(a) the review may proceed under the remaining members, if the
parties agree; or
(b) failing agreement—the referring authority must dissolve the
panel and constitute a new panel (under this schedule) with the
remaining members and a new member.
Schedule 3 Appointment of members of industry panels
Section 3.8
3.8 Resignation
(1) A member of a panel may resign from office by written notice to the
referring authority.
(2) A member of a panel must give written notice of absence to the
referring authority if the member becomes unavailable to consider the
application at any stage of the review.
(3) After a notice of absence is given, the member must resign from the
panel if so directed in writing by the referring authority.
(4) If a member of the panel resigns—
(a) the review may proceed under the remaining members, if the
parties agree; or
(b) failing agreement, the referring authority must dissolve the
panel and constitute a new panel (under this schedule) with the
remaining members and a new member.
3.9 Removal from office
(1) The Executive may, by written notice to a member of a panel, suspend
the member from office for mental or physical incapacity or
incompetence.
(2) A notice of suspension must include a full statement of the grounds
for suspension.
(3) The notice of suspension must be presented to the Legislative
Assembly within 7 sitting days after it is given to the member.
(4) The Executive must remove the member from office if, within
15 sitting days after the notice of suspension was presented to the
Legislative Assembly, the Assembly by resolution declares that the
member ought to be removed from office.
Appointment of members of industry panels Schedule 3
Section 3.9
(5) The member resumes office if, after 15 sitting days have elapsed since
the notice of suspension was presented to the Legislative Assembly,
the Legislative Assembly has not passed a resolution declaring that
the member ought to be removed from office.
(6) A member of a panel ceases to hold office if the member becomes
bankrupt or personally insolvent.
Schedule 4 Arbitration guidelines––competition principles agreement, cl 6 (4) (i), (j) and
(l)
Section 4.1
Schedule 4 Arbitration guidelines––
competition principles
agreement, cl 6 (4) (i), (j) and (l)
(see s 33 (5) (a))
4.1 Terms and conditions for access—competition principles
agreement, cl 6 (4) (i)
The arbitrator must take into account the following considerations in
determining terms and conditions for access by the third party:
(a) the access provider’s legitimate business interests and
investment in the infrastructure facilities;
(b) the costs to the access provider of providing access—
(i) including any costs of extending the infrastructure
facilities; and
(ii) not including any costs associated with losses from
increased competition in upstream or downstream markets;
(c) the economic value to the access provider of any additional
investment that the third party or the access provider has agreed
to undertake;
(d) the interests of all people holding contracts for use of the
infrastructure facilities;
(e) the firm and binding contractual obligations of the access
provider and any other people using the infrastructure facilities;
(f) the operational and technical requirements necessary for the safe
and reliable operation of the infrastructure facilities;
(g) the economically efficient operation of the infrastructure
facilities;
(h) the benefit to the public from having competitive markets.
Arbitration guidelines––competition principles agreement, cl 6 (4) (i), (j) and
(l)
Schedule 4
Section 4.2
4.2 Extension of infrastructure—competition principles
agreement, cl 6 (4) (j)
The arbitrator must only make a determination requiring an access
provider to extend the infrastructure facilities, or to permit the
extension of the facilities, if the following conditions are met:
(a) the extension should be technically and economically feasible
and consistent with the safe and reliable operation of the
facilities;
(b) the access provider’s legitimate business interests in the
facilities should be protected;
(c) the terms of access for the third party should take account of the
costs borne by each party for the extension and the economic
benefits to each party resulting from the extension.
4.3 Impeding of existing rights—competition principles
agreement, cl 6 (4) (l)
In making a determination that impedes an existing right of a person
to use an infrastructure facility, the arbitrator—
(a) must consider whether there is a case for compensation of that
person; and
(b) if appropriate, include in the determination provision for that
person to be compensated.
Section 5.1
(see s 54N (1) and dict, def civil penalty provision)
5.1 Definitions—sch 5
In this schedule:
adjusted turnover—see the Competition and Consumer Act 2010
(Cwlth), section 4.
Consumer Protection Code means the Consumer Protection Code
determined by the Utilities (Consumer Protection Code)
Determination 2020.
Electricity Feed-in Code means the Electricity Feed-in Code
determined by the Utilities (Electricity Feed-in Code)
Determination 2020.
tier 1 civil penalty—see section 5.2.
tier 2 civil penalty—see section 5.2.
tier 3 civil penalty—see section 5.2.
Transparency and Comparability Code means the ACT Retail
Electricity (Transparency and Comparability) Code determined by
the Utilities (ACT Retail Electricity – Transparency and
Comparability Code) Determination 2021.
5.2 Meaning of tier 1 civil penalty, tier 2 civil penalty and
tier 3 civil penalty—sch 5
(1) In this schedule:
tier 1 civil penalty means—
(a) for an individual—$553 000; and
(b) for a corporation—the greater of the following:
(i) $11 060 000;
Section 5.2
(ii) if the court can determine the value of the benefit the
corporation, and any related corporation, has obtained
directly or indirectly and that is reasonably attributable to
the contravention—3 times the value of the benefit;
(iii) if the court cannot determine the value of the benefit—10%
of the corporation’s adjusted turnover during the
12 months ending at the end of the month the contravention
occurred.
tier 2 civil penalty means—
(a) for an individual—$317 400 plus $15 900 for each day (after the
first day) the contravention continues; and
(b) for a corporation—$1 587 100 plus $79 400 for each day (after
the first day) the contravention continues.
tier 3 civil penalty means—
(a) for an individual—$37 500 plus $3 750 for each day (after the
first day) the contravention continues; and
(b) for a corporation—$188 000 plus $18 000 for each day (after the
first day) the contravention continues.
(2) However, subsection (1), definition of tier 1 civil penalty,
paragraph (b) (ii) and (iii) apply in relation to an enforcement order
only if the commission requests that the provisions apply in the
application for the order.
5.3 Civil penalty provisions
item
1 Consumer Protection Code, cl 4.1 (Reporting to the
ICRC)
2 Consumer Protection Code, cl 5 (2) and (3)
(Conduct of utilities)
3 Consumer Protection Code, cl 5 (5) (Conduct of
utilities)
4 Consumer Protection Code, cl 6.1 (Complaints and
dispute resolution procedures)
5 Consumer Protection Code, cl 6.2 (Practices and
procedures to comply with Australian Standards)
6 Consumer Protection Code, cl 6.3 (Addressing
complaints)
7 Consumer Protection Code, cl 6.4 (Utility to keep
records)
8 Consumer Protection Code, cl 7.1 (Utility to
provide information)
9 Consumer Protection Code, cl 7.2 (Utility may
recover costs of providing information)
10 Consumer Protection Code, cl 7.3 (Disclosure of
customer or consumer information by a utility to a
third party)
11 Consumer Protection Code, cl 8.1 (Requirements
for effective notice to customer or consumer)
12 Consumer Protection Code, cl 9.1 (Utility to
publish summary)
13 Consumer Protection Code, cl 10.1 (Registration of
life support equipment)
item
14 Consumer Protection Code, cl 10.2 (Disconnection
and interruption to services)
15 Consumer Protection Code, cl 11.1 (Compliance by
utilities with guaranteed service levels)
16 Consumer Protection Code, cl 11.2 (Utility to pay
rebate for non-compliance)
17 Consumer Protection Code, cl 11.3 (Method of
payment of rebate)
18 Consumer Protection Code, cl 11.5 (Information to
be provided to customers)
19 Consumer Protection Code, cl 12.1 (Information
about charges)
20 Consumer Protection Code, cl 12.2 (Variation of
charges)
21 Consumer Protection Code, cl 13.1 (Utility may
issue bills)
22 Consumer Protection Code, cl 13.3 (Maximum
intervals between bills)
23 Consumer Protection Code, cl 13.6 (Historical
billing information)
24 Consumer Protection Code, cl 13.7 (1) (Payment of
25 Consumer Protection Code, cl 13.7 (2) (Payment of
26 Consumer Protection Code, cl 13.8 (Review of
27 Consumer Protection Code, cl 13.9 (Overcharging) tier 2 civil penalty
28 Consumer Protection Code, cl 13.10
(Undercharging)
item
29 Consumer Protection Code, cl 13.12 (How
payments to be applied)
30 Consumer Protection Code, cl 13.13 (Territory
Government-sponsored rebates)
31 Consumer Protection Code, cl 13.14 (Payment
difficulties)
32 Consumer Protection Code, cl 14.2 (Hardship
policy requirement)
33 Consumer Protection Code, cl 15.1 (Interest
charges)
34 Consumer Protection Code, cl 16 (1) (New
customer contract information)
35 Consumer Protection Code, cl 17.1 (Obligations
under the Utilities Act)
36 Consumer Protection Code, cl 17.2 (Provisions to
be contained in standard customer contracts)
37 Consumer Protection Code, cl 19.1 (Utility to make
contract available to customers)
38 Consumer Protection Code, cl 19.3 (Changes to
standard customer contracts)
39 Consumer Protection Code, cl 20.1 (When a utility
must not disconnect or restrict utility services)
40 Consumer Protection Code, cl 20.2 (When a utility
must disconnect premises from a utility network)
41 Consumer Protection Code, cl 20.3 (When a utility
may disconnect or restrict supply)
42 Consumer Protection Code, cl 20.4 (Restriction of
utility services to residential premises for failure to
pay a bill)
43 Consumer Protection Code, cl 20.5 (Restrictions on
water restrictions to residential premises)
item
44 Consumer Protection Code, cl 20.6 (Content and
format of notices)
45 Consumer Protection Code, cl 21 (Disconnections
and restrictions in emergencies and under
restriction schemes)
46 Consumer Protection Code, cl 22.1 (When a utility
may interrupt supply of a utility service)
47 Consumer Protection Code, cl 22.2 (Planned
interruptions to the supply of utility services)
48 Consumer Protection Code, cl 22.3 (Unplanned
interruptions to the supply of a utility service)
49 Consumer Protection Code, cl 23.1 (When a
security deposit may be required)
50 Consumer Protection Code, cl 23.2 (Maximum
amount of security deposit)
51 Consumer Protection Code, cl 23.3 (Interest on
security deposits)
52 Consumer Protection Code, cl 23.4 (Repayment of
security deposits)
53 Consumer Protection Code, cl 23.5 (Purposes for
which security deposits must not be used)
54 Electricity Feed-in Code, cl 4.1 (Distributor to
detail arrangements to NERL retailer)
55 Electricity Feed-in Code, cl 4.2 (Distributor to alert
NERL retailer and occupier of start dates)
56 Transparency and Comparability Code, cl 2.3
(Communication must compare prices to the
reference price)
57 Transparency and Comparability Code, cl 2.5
(Advertising conditional discounts)
item
58 Transparency and Comparability Code, cl 2.6
(Records of compliance)
59 Transparency and Comparability Code, cl 4.3
(Minimum standards for clear advice)
60 Transparency and Comparability Code, cl 4.4
(Records of compliance)
61 Utilities Act 2000, s 21 (1) (Requirement for
licence)
62 Utilities Act 2000, s 47 (1) (Contravention of
licence condition)
63 Utilities Act 2000, s 75H (1) (Offence—
contravention of code, s 75E or s 75GA)
64 Utilities Act 2000, s 75K (Offence—contravention
of s 75F)
65 Utilities Act 2000, s 100 (1) and (3) (Passing on the
cost of water)
(see s 2)
Note The Legislation Act contains definitions relevant to this Act.
For example:
• Act
• bankrupt or personally insolvent
• corporation
• director-general (see s 163)
• exercise
• fail
• function
• may (see s 146)
• must (see s 146)
• National Electricity (ACT) Law
• National Electricity (ACT) Regulation
• National Energy Retail Law (ACT)
• National Energy Retail Regulation (ACT)
• National Gas (ACT) Law
• National Gas (ACT) Regulation
• person (see s 160)
• subordinate law (see s 8)
• territory authority
• the Territory.
access agreement means an agreement under an access regime for the
granting of access to services provided by means of the infrastructure
facilities to which the access regime relates.
access provider, for part 6 (Arbitration of access regime disputes)—
see section 30.
access regime means a scheme (whether of a legislative or
administrative nature, or any other nature) set up for the purpose of
implementing the competition principles agreement in relation to
third-party access to services provided by means of infrastructure
facilities wholly or partly located within the ACT that are wholly or
substantially owned, controlled or operated by a single person, being
services—
(a) including the use of an infrastructure facility (for example, a
road or railway), the handling or transporting of things (for
example, goods or people) or a communications service or
similar service; and
(b) not including the supply of goods, the use of intellectual
property or the use of a production process, except to the extent
that that supply or use is an integral but subsidiary part of the
adjusted turnover, for schedule 5 (Civil penalty provisions)—see
schedule 5, section 5.1.
associate commissioner means a commissioner appointed under
schedule 2, section 2.1A.
chief executive officer means the Chief Executive Officer of the
civil penalty notice—see section 54E (1).
civil penalty provision means a provision mentioned in schedule 5,
section 5.3, column 2.
commission means the Independent Competition and Regulatory
Commission for the Australian Capital Territory.
commissioner means a commissioner constituting the commission
under section 6 (1).
competition policy considerations means the considerations
mentioned in the competition principles agreement, clause 1 (3) (d)
to (j), as set out in schedule 1.
competition principles agreement means the Competition Principles
Agreement made on 11 April 1995 by the Commonwealth, the
Territories and the States, as in force for the time being.
competitive neutrality complaint means a complaint that the conduct
of a government business activity is not consistent with the
competitive neutrality principles.
competitive neutrality principles means the competitive neutrality
policy and principles under the competition principles agreement,
clause 3 (1) and (4) to (7), as set out in schedule 1.
conduct, for part 9A (Enforcement of civil penalty provisions)—see
section 54A.
confidential information means information given to the
commission that was, when it was given—
(a) stated by the person giving it to be confidential or commercially
sensitive; or
(b) determined to be contrary to the public interest information
under the Freedom of Information Act 2016.
Consumer Protection Code, for schedule 5 (Civil penalty
provisions)—see schedule 5, section 5.1.
corresponding offence, in relation to a contravention of a civil
penalty provision, for part 9A (Enforcement of civil penalty
provisions)—see section 54A.
court, for part 9A (Enforcement of civil penalty provisions)—see
section 54A.
current reset principles—see section 20B (2).
declared fee means a fee declared under section 4C.
determination means an arbitration determination under section 35.
direction, for part 9 (Enforcement of prior directions and arbitration
determinations)— see section 51.
Electricity Feed-in Code, for schedule 5 (Civil penalty provisions)—
see schedule 5, section 5.1.
eligible person, for part 4C (Review of price directions)—see
section 24J.
energy—see the National Energy Retail Law (ACT), section 2 (1).
enforcement order—see section 54M (1).
enforcement order proceeding means a proceeding under
division 9A.4 (Enforcement orders).
evidential burden, in relation to a matter, for division 9A.6 (Other
provisions about liability)—see section 54Y.
future reset principles—see section 20B (3).
government activity means—
(a) for a regulatory reference into a competitive neutrality
complaint—the government business activity that is the subject
of the complaint; or
(b) for a regulatory reference into a government-regulated
activity—that activity.
government-regulated activity means an activity regulated under an
Act or a subordinate law.
industry includes—
(a) an industry of any kind (including a business or activity relating
to goods and services); and
(b) a particular industry or part of an industry; and
(c) a group or groups of particular industries.
industry panel—see section 24M (Industry panel).
industry reference—see section 14A.
investigation means an investigation under part 3.
law of the Territory includes—
(a) the National Electricity (ACT) Law; and
(b) the National Electricity (ACT) Regulation; and
(c) the national electricity rules; and
(d) the National Gas (ACT) Law; and
(e) the National Gas (ACT) Regulation; and
(f) the National Energy Retail Law (ACT) Act 2012; and
(g) the National Energy Retail Law (ACT); and
(h) the National Energy Retail Regulation (ACT); and
(i) the national energy retail rules.
national electricity rules means the national electricity rules under
the National Electricity (ACT) Law.
national energy retail rules means the National Energy Retail Rules
under the National Energy Retail Law (ACT).
NERL retailer means a person who holds a retailer authorisation
under the National Energy Retail Law (ACT).
price includes any rate, fee, levy and charge and any other valuable
consideration (however described), but does not include a territory
tax.
price direction—
(a) for this Act generally, means a direction under section 20 about
prices for the provision of regulated services, as varied (if at all)
under part 4B (Variation of price directions); and
(b) for part 4C (Review of price directions)—see section 24J.
price regulation means the regulation of prices in relation to the
provision of goods and services within a regulated industry, and
includes the variation of a price direction for those prices.
price variation trigger—see section 20A (3) (c)).
reference means a reference to the commission under section 15.
referring authority—
(a) for an industry reference—see section 3A (1); and
(b) for a regulatory reference—see section 3A (2).
regulated industry means—
(a) an industry engaged in the provision in the ACT of a utility
service; or
(b) any other industry declared to be a regulated industry under
section 4.
regulated services means services provided in a regulated industry.
regulatory reference—see section 19A.
related corporation, of another corporation, means a related body
corporate under the Corporations Act.
reset principles—see section 20B (1).
responsible Minister, for an industry or government activity, means
the Minister with primary responsibility for regulating the industry or
activity.
revenue cap—see section 20A (1) (b).
sealed section, of a final report or a special report of an
investigation—see section 23 (1) (a).
self-funding referring authority, for a regulatory reference—see
section 3A (3).
senior commissioner means—
(a) if the commission is constituted by only 1 standing
commissioner—the commissioner; or
(b) if the commission is constituted by more than 1 standing
commissioner—the commissioner appointed or nominated as
senior commissioner under schedule 2, section 2.1AA.
standing commissioner means a commissioner appointed under
schedule 2, section 2.1.
third party, for part 6 (Arbitration of access regime disputes)—see
section 30.
tier 1 civil penalty, for schedule 5 (Civil penalty provisions)—see
tier 2 civil penalty, for schedule 5 (Civil penalty provisions)—see
tier 3 civil penalty, for schedule 5 (Civil penalty provisions)—see
Transparency and Comparability Code, for schedule 5 (Civil penalty
provisions)—see schedule 5, section 5.1.
unsealed section, of a final report or a special report of an
investigation—see section 23 (1) (b).
utility means—
(a) a utility within the meaning of the Utilities Act 2000, dictionary;
or
(b) a NERL retailer.
utility service means—
(a) a utility service within the meaning of the Utilities Act 2000,
dictionary; or
(b) the activity of selling energy to small customers within the
meaning of the National Energy Retail Law (ACT).
variation, of a price direction, means—
(a) a consent variation under division 4B.1; or
(b) a nonconsent variation under division 4B.2.
About the endnotes 1
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
The Independent Competition and Regulatory Commission Act 1997 was originally
the Independent Pricing and Regulatory Commission Act 1997. It was renamed by
the Independent Competition and Regulatory Commission Amendment Act 2000
A2000-8 s 5.
Independent Competition and Regulatory Commission Act 1997
A1997-77
notified 25 November 1997 (Gaz 1997 No S360)
commenced 25 November 1997 (s 2)
as amended by
Act 2000 A2000-8
notified 23 March 2000 (Gaz 2000 No 12)
commenced 23 March 2000 (s 2)
Utilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 7
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)
sch 1 pt 7 commenced 1 January 2001 (Gaz 2000 No S69)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 188
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 188 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Legislation Amendment Act 2002 A2002-11 pt 2.28
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.28 commenced 28 May 2002 (s 2 (1))
Act 2003 A2003-50
notified LR 25 November 2003
s 1, s 2 commenced 25 November 2003 (LA s 75 (1))
remainder commenced 26 November 2003 (s 2)
Legislation history 3
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1
pt 1.20
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.20 commenced 13 April 2004 (s 2 and see Annual Reports
(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 1 pt 1.23
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.23 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.11
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.11 commenced 25 August 2004 (s 2 (1))
Financial Management Legislation Amendment Act 2005 A2005-52
sch 1 pt 1.10
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 January 2006 (s 2 (2))
Criminal Code (Administration of Justice Offences) Amendment
Act 2005 A2005-53 sch 1 pt 1.13
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.13 commenced 23 November 2005 (s 2)
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.12
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.12 commenced 11 January 2006 (s 2 (2))
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.20
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.20 commenced 27 December 2007 (s 2)
National Gas (ACT) Act 2008 A2008-15 sch 2 pt 2.2
notified LR 30 June 2008
s 1, s 2 commenced 30 June 2008 (LA s 75 (1))
sch 2 pt 2.2 commenced 1 July 2008 (s 2 (1) and see National Gas
(South Australia) Act 2008 (SA), s 7)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.43
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.43 commenced 22 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009
(No 3) A2009-44 sch 1 pt 1.13
notified LR 24 November 2009
s 1, s 2 commenced 24 November 2009 (LA s 75 (1))
sch 1 pt 1.13 commenced 22 December 2009 (s 2 (3))
Justice and Community Safety Legislation Amendment Act 2010
(No 2) A2010-30 sch 1 pt 1.12
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
s 3 commenced 1 September 2010 (s 2 (1))
sch 1 pt 1.12 commenced 28 September 2010 (s 2 (2))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.24
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.24 commenced 1 March 2011 (s 2)
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.31
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.31 commenced 12 December 2011 (s 2)
National Energy Retail Law (Consequential Amendments) Act 2012
A2012-32 pt 10
notified LR 14 June 2012
s 1, s 2 commenced 14 June 2012 (LA s 75 (1))
pt 10 commenced 1 July 2012 (s 2 (1) and see National Energy Retail
Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)
Legislation history 3
Utilities (Technical Regulation) Act 2014 A2014-60 sch 2 pt 2.2
notified LR 8 December 2014
s 1, s 2 commenced 8 December 2014 (LA s 75 (1))
sch 2 pt 2.2 commenced 1 March 2015 (s 2 and CN2015-1)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.36
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.36 commenced 14 October 2015 (s 2)
Act 2016 A2016-34
notified LR 21 June 2016
s 1, s 2 commenced 21 June 2016 (LA s 75 (1))
remainder commenced 1 July 2016 (s 2)
Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.38
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.38 commenced 1 September 2016 (s 2)
Freedom of Information Act 2016 A2016-55 sch 4 pt 4.17
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.17 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)
Commercial Arbitration Act 2017 A2017-7 sch 1 pt 1.4
notified LR 4 April 2017
s 1A, s 1B commenced 4 April 2017 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 July 2017 (s 1B and CN2017-1)
Justice and Community Safety Legislation Amendment Act 2017
(No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))
Note This Act only amends the Freedom of Information Act 2016
A2016-55.
Red Tape Reduction Legislation Amendment Act 2018 A2018-33
sch 1 pt 1.22
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.22 commenced 23 October 2018 (s 2 (4))
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.23
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.23 commenced 24 August 2022 (s 2)
Act 2024 A2024-25
notified LR 19 June 2024
s 1, s 2 commenced 19 June 2024 (LA s 75 (1))
remainder commenced 19 December 2024 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.96
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.96 commenced 16 December 2025 (s 2 (6))
Title
title am A2000-8 s 4; A2000-66 sch 1 pt 7
Name of Act
s 1 sub A2000-8 s 5
s 2 om A2001-44 amdt 1.2131
ins A2005-52 amdt 1.140
am A2008-15 amdt 2.4; A2012-32 s 54
Notes
s 2A ins A2005-52 amdt 1.140
Joint ownership, control or operation
s 2B ins A2005-52 amdt 1.140
Joint provision of services
s 3 defs reloc to dict A2005-52 amdt 1.139
sub A2005-52 amdt 1.140
def commission sub A2000-8 s 6
def commissioner sub A2000-8 s 6
def eligible person ins A2000-66 sch 1 pt 7
def function om A2005-52 amdt 1.138
Who is referring authority?
s 3A ins A2000-8 s 7
am A2000-66 sch 1 pt 7; pars renum R2 LA
Regulated industries—declarations
s 4 am A2001-44 amdt 1.2132, amdt 1.2133; A2011-3
amdt 3.243; A2025-29 amdt 4.96
National electricity rules–electricity distribution and transmission pricing
s 4A hdg am A2005-62 amdt 3.127
s 4A ins A2000-66 sch 1 pt 7
am A2005-62 amdt 3.127, amdt 3.128
ACT gas transmission
s 4B ins A2000-66 sch 1 pt 7
am A2008-15 amdt 2.5
Declared fees to be passed on to consumers
s 4C ins A2003-50 s 5
Independent competition and regulatory commission
pt 2 hdg sub A2000-8 sch 2
Establishment
s 5 am A2004-42 amdts 3.56, 3.57
(5), (6) exp 25 August 2004 (s 5 (6))
am A2007-39 amdt 3.75
Constitution
s 6 sub A2000-8 s 8
am A2005-52 amdt 1.141; A2009-44 amdt 1.29
Objectives
s 7 am A2000-8 s 9
Functions
s 8 am A2000-8 s 10; A2000-66 sch 1 pt 7; A2005-62 amdt 3.129;
A2007-39 amdt 3.76, amdt 3.77; A2008-15 amdt 2.6; pars
renum R13 LA; A2012-32 s 55
Commission’s annual report
s 9 am A2000-66 sch 1 pt 7
sub A2004-9 amdt 1.28
Independence from Ministerial control
s 10 am A2000-66 sch 1 pt 7
Chief executive officer
s 10A ins A2005-52 amdt 1.142
am A2011-52 amdt 3.109
Chief executive officer’s functions
s 10B ins A2005-52 amdt 1.142
am A2011-52 amdt 3.110
Commission’s staff
s 11 sub A2016-52 amdt 1.105
Delegation of commission’s functions
s 13 am A2007-39 amdt 3.78, amdt 3.79
Protection from liability
s 14 am A2000-8 sch 2
sub A2007-39 amdt 3.80
Industry references
div 3.1 hdg (prev pt 3 div 1 hdg) ins A2000-8 s 11
Application of div 3.1––industry references
s 14A ins A2000-8 s 11
Nature of industry references
s 15 hdg sub A2000-8 sch 2
s 15 am A2000-8 sch 2; A2001-44 amdt 1.2134; A2012-32 s 56; ss
renum R19 LA; A2016-34 s 4, s 5; ss renum R22 LA;
A2025-29 amdt 4.96
Industry references—current price directions
s 15A ins A2016-34 s 6
Terms of industry references
s 16 hdg sub A2000-8 sch 2
s 16 am A2000-8 sch 2; A2001-44 amdt 1.2135, amdt 1.2136;
A2011-3 amdt 3.243; A2016-34 s 7; A2025-29 amdt 4.96
Procedure for industry reference investigations
s 17 hdg sub A2000-8 sch 2
s 17 am A2000-8 sch 2; A2000-66 sch 1 pt 7; ss renum R2 LA;
A2003-50 s 6; ss renum R4 LA (see A2003-50 s 7);
A2011-52 amdt 3.117; A2016-34 ss 8-10; ss and pars renum
R22 LA
Draft reports––industry reference investigations
s 18 hdg sub A2000-8 sch 2
s 18 am A2000-8 sch 2; A2000-66 sch 1 pt 7; A2001-44
amdt 1.2137; ss renum R2 LA (see A2001-44 amdt 1.2138);
A2009-20 amdt 3.101; A2015-33 amdt 1.115; A2016-34 s 11;
A2025-29 amdt 4.96
Costs for industry reference investigations
s 19 hdg sub A2000-8 sch 2
s 19 am A2000-8 sch 2; A2000-66 sch 1 pt 7; ss renum R2 LA
Regulatory references
div 3.2 hdg (prev pt 3 div 2 hdg) ins A2000-8 s 12
Application of div 3.2––regulatory references
s 19A ins A2000-8 s 12
Acceptance of regulatory references—competitive neutrality complaints
s 19B ins A2000-8 s 12
am A2001-44 amdt 1.2139; A2025-29 amdt 4.96
Acceptance of regulatory references—government-regulated activities
s 19C ins A2000-8 s 12
am A2001-44 amdt 1.2140; A2025-29 amdt 4.96
Regulatory references initiated by commission
s 19D ins A2000-8 s 12
sub A2001-44 amdt 1.2141
am A2011-3 amdt 3.233; A2025-29 amdt 4.96
Terms of regulatory references
s 19E ins A2000-8 s 12
Amendment of terms of regulatory reference
s 19F ins A2000-8 s 12
sub A2001-44 amdt 1.2142
Termination of investigations into regulatory references
s 19G ins A2000-8 s 12
sub A2001-44 amdt 1.2142
Procedure for regulatory reference investigations
s 19H ins A2000-8 s 12
Principles for regulatory reference investigations
s 19J ins A2000-8 s 12
am A2003-50 s 8, s 9; A2011-52 amdt 3.117
Costs for regulatory reference investigations
s 19K ins A2000-8 s 12
Price directions
pt 4 hdg sub A2000-8 sch 2
Objective—pt 4
s 19L ins A2016-34 s 12
Directions about prices
s 20 am A2000-66 sch 1 pt 7; A2003-50 s 10; ss renum R4 LA (see
A2003-50 s 11); A2011-52 amdt 3.117; A2012-32 s 57;
A2016-34 s 13
Price regulation provisions
s 20A ins A2000-66 sch 1 pt 7
am A2011-3 amdt 3.234, amdt 3.235
Reset principles
s 20B ins A2000-66 sch 1 pt 7
Effective dates
s 20C ins A2000-66 sch 1 pt 7
am A2016-34 s 14
Price direction to continue to remain in force
s 20D ins A2016-34 s 15
Reports of investigations
pt 4A hdg ins A2000-8 sch 2
Final reports
s 21 am A2000-8 s 13; A2000-66 sch 1 pt 7; pars renum R2 LA
Special reports
s 22 am A2000-8 s 14
Confidential material in reports
s 23 sub A2000-8 s 15
am A2011-52 amdt 3.111
Presenting of reports to Legislative Assembly
s 24 sub A2000-8 s 15
Response by Minister to report on competitive neutrality complaint
s 24A ins A2000-8 s 15
Correction of errors in reports
s 24B ins A2000-8 s 15
Variation of price directions
pt 4B hdg ins A2000-66 sch 1 pt 7
Consent variations
div 4B.1 hdg (prev pt 4B div 1 hdg) ins A2000-66 sch 1 pt 7
Consent variations
s 24C ins A2000-66 sch 1 pt 7
am A2003-50 s 12; ss renum R4 LA (see A2003-50 s 13);
A2011-52 amdt 3.117; A2016-34 s 16
Nonconsent variations
div 4B.2 hdg (prev pt 4B div 2 hdg) ins A2000-66 sch 1 pt 7
Reference by referring authority
s 24D ins A2000-66 sch 1 pt 7
Reference by utility
s 24E ins A2000-66 sch 1 pt 7
am A2001-44 amdt 1.2143; A2014-60 amdt 2.4
Commission-initiated variation
s 24F ins A2000-66 sch 1 pt 7
am A2001-44 amdt 1.2143
Permissible nonconsent variations
s 24G ins A2000-66 sch 1 pt 7
Procedure for nonconsent price variation investigation
s 24H ins A2000-66 sch 1 pt 7
am A2003-50 s 14, s 15; A2011-52 amdt 3.117
Effect of nonconsent price variations
s 24I ins A2000-66 sch 1 pt 7
am A2016-34 s 17
Review of price directions
pt 4C hdg ins A2000-66 sch 1 pt 7
Definitions—pt 4C
s 24J ins A2000-66 sch 1 pt 7
am A2016-34 s 18
Right of review
s 24K ins A2000-66 sch 1 pt 7
am A2001-44 amdt 1.2144, amdt 1.2145; A2009-20
amdt 3.101; A2015-33 amdt 1.116; A2016-34 s 19, s 20;
ss renum R22 LA; A2025-29 amdt 4.96
Grounds for review
s 24KA ins A2016-34 s 21
Who are the parties to a review?
s 24L ins A2000-66 sch 1 pt 7
Industry panel
s 24M ins A2000-66 sch 1 pt 7
am A2002-11 amdt 2.56; A2016-34 s 22
Application for review—preliminary assessment
s 24MA ins A2016-34 s 23
Nature of review
s 24N ins A2000-66 sch 1 pt 7
am A2005-53 amdt 1.67; A2016-34 s 24, s 25
Procedure for review
s 24O ins A2000-66 sch 1 pt 7
am A2016-34 s 26
Application for review—commission’s response
s 24OA ins A2016-34 s 27
Referral of matters to commission
s 24P ins A2000-66 sch 1 pt 7
Witnesses and evidence
s 24Q ins A2000-66 sch 1 pt 7
Frivolous or vexatious applications
s 24R ins A2000-66 sch 1 pt 7
Implementation of price direction under review
s 24S ins A2000-66 sch 1 pt 7
am A2016-34 s 28
Effect of decision
s 24T ins A2000-66 sch 1 pt 7
am A2016-34 s 29
Functions of commission
s 24U ins A2000-66 sch 1 pt 7
Costs
s 24V ins A2000-66 sch 1 pt 7
am A2016-34 s 30
Protection from liability of panel members, parties and representatives
s 24W ins A2000-66 sch 1 pt 7
sub A2007-39 amdt 3.81
Information to be given to commission following price direction review
s 24X ins A2016-34 s 31
Application—pt 6
s 31 am A2017-7 amdt 1.5
Arbitrator—appointment and functions
s 33 am A2000-8 s 16, sch 2; ss renum R2 LA; A2005-53
amdt 1.68, amdt 1.69; A2015-33 amdt 1.117
Arbitration determinations
s 35 am A2000-8 s 17; A2011-3 amdt 3.236, amdt 3.237
Termination of arbitration by arbitrator
s 38 am A2007-39 amdt 3.82
Arbitration procedure—Commercial Arbitration Act
s 40 am A2000-8 s 18; ss renum R2 LA; A2011-3 amdt 3.238;
A2017-7 amdts 1.5-1.7
Provision of information to commission
s 41 am A2002-11 amdts 2.57-2.59; A2012-32 s 58; ss renum R19
LA
Inspection of documents
s 43 sub A2000-8 s 19
Confidential information—disclosure by commissioners and staff
s 44 hdg sub A2000-8 sch 2
s 44 am A2007-39 amdt 3.83, amdt 3.84; A2011-3 amdt 3.239;
A2022-14 amdt 3.119
Confidential information—notice of proposed disclosure
s 45 am A2000-8 s 20; paras renum R2 LA
Confidential information—general disclosure
s 46 am A2000-8 s 21; A2001-44 amdt 1.2146, amdt 1.2147;
A2022-14 amdt 3.120, amdt 3.121; A2025-29 amdt 4.96
Requirement to attend hearing and answer questions
s 49 sub A2005-53 amdt 1.70
Application of Criminal Code, ch 7
s 50 am A2002-11 amdt 2.60, amdt 2.61; ss renum R3 LA (see
A2002-11 amdt 2.62)
sub A2005-53 amdt 1.70
Witnesses etc protected from civil liability
s 50A ins A2005-53 amdt 1.70
Orders
s 53 am A2001-44 amdt 1.2148; A2025-29 amdt 4.96
Enforcement of civil penalty provisions
pt 9A hdg ins A2024-25 s 4
Preliminary
div 9A.1 hdg ins A2024-25 s 4
Definitions—pt 9A
s 54A ins A2024-25 s 4
def conduct ins A2024-25 s 4
def corresponding offence ins A2024-25 s 4
def court ins A2024-25 s 4
Part does not limit other powers of court
s 54B ins A2024-25 s 4
Enforceable undertakings
div 9A.2 hdg ins A2024-25 s 4
Enforceable undertakings
s 54C ins A2024-25 s 4
Application for enforcement of undertakings
s 54D ins A2024-25 s 4
Civil penalty notices
div 9A.3 hdg ins A2024-25 s 4
Service of civil penalty notice
s 54E ins A2024-25 s 4
Contents of civil penalty notice
s 54F ins A2024-25 s 4
Amount payable under civil penalty notice
s 54G ins A2024-25 s 4
Time for payment of amount
s 54H ins A2024-25 s 4
Effect of payment of amount
s 54I ins A2024-25 s 4
Withdrawal of civil penalty notice
s 54J ins A2024-25 s 4
Conduct contravening multiple civil penalty provisions
s 54K ins A2024-25 s 4
Effect of civil penalty notice on enforcement order proceeding
s 54L ins A2024-25 s 4
Enforcement orders
div 9A.4 hdg ins A2024-25 s 4
Application for enforcement order
s 54M ins A2024-25 s 4
Deciding civil penalty for enforcement order
s 54N ins A2024-25 s 4
Enforcement order proceeding is civil proceeding
s 54O ins A2024-25 s 4
Proceedings may be heard together
s 54P ins A2024-25 s 4
Civil proceeding after criminal proceeding
s 54Q ins A2024-25 s 4
Criminal proceeding during civil proceeding
s 54R ins A2024-25 s 4
Criminal proceeding after civil proceeding
s 54S ins A2024-25 s 4
Evidence given in civil proceeding not admissible in criminal proceeding
s 54T ins A2024-25 s 4
Conduct contravening multiple civil penalty provisions
s 54U ins A2024-25 s 4
Multiple contraventions
s 54V ins A2024-25 s 4
Injunctions
div 9A.5 hdg ins A2024-25 s 4
Application for injunction
s 54W ins A2024-25 s 4
Discharging or varying injunctions
s 54X ins A2024-25 s 4
Other provisions about liability
div 9A.6 hdg ins A2024-25 s 4
Meaning of evidential burden—div 9A.6
s 54Y ins A2024-25 s 4
Ancillary contraventions
s 54Z ins A2024-25 s 4
State of mind
s 54ZA ins A2024-25 s 4
Mistake of fact
s 54ZB ins A2024-25 s 4
Burden of proof for exceptions etc
s 54ZC ins A2024-25 s 4
Extended liability of corporations
s 54ZD ins A2024-25 s 4
Limited liability of individuals
s 54ZE ins A2024-25 s 4
Exercise of enforcement functions under Utilities Act 2000
s 54ZF ins A2024-25 s 5
Acts and omissions of representatives
s 55 sub A2004-15 amdt 1.27
Service of documents
s 56 am A2018-33 amdt 1.41
Approved forms
s 57 sub A2001-44 amdt 1.2149
Regulation-making power
s 58 ins A2001-44 amdt 1.2149
am A2025-29 amdt 4.96
Competition principles agreement extracts
sch 1 (prev sch 1A) ins A2000-8 sch 1
renum as sch 1 R10 LA
Competition principles agreement extracts
sch 1A renum as sch 1
Commission appointments and working arrangements
sch 2 hdg (prev sch 1 hdg) am A2000-8 s 23
sch 2 (prev sch 1) am A2000-8 s 23, sch 2; ss renum R10 LA
renum as sch 2 R10 LA
am A2007-39 amdts 3.85-3.88; A2009-44 amdt 1.30;
A2010-30 amdt 1.32; A2022-14 amdt 3.122
Industry panels constitution and procedure
sch 2A renum as sch 3
Industry panels constitution and procedure
sch 3 (prev sch 2A) ins A2000-66 sch 1 pt 7; ss renum R10 LA
renum as sch 3 R10 LA
am A2007-39 amdts 3.89-3.91; A2010-30 amdt 1.33;
A2016-34 s 32
Arbitration guidelines––competition principles agreement, cl 6 (4) (i), (j)
and (l)
sch 4 hdg (prev sch 2 hdg) am A2000-8 sch 2
sch 4 (prev sch 2 hdg) am A2000-8 sch 2; ss renum R10 LA
renum as sch 4 R10 LA
Civil penalty provisions
sch 5 ins A2024-25 s 6
Definitions—sch 5
sch 5 s 5.1 ins A2024-25 s 6
def adjusted turnover ins A2024-25 s 6
def Consumer Protection Code ins A2024-25 s 6
def Electricity Feed-in Code ins A2024-25 s 6
def tier 1 civil penalty ins A2024-25 s 6
def tier 2 civil penalty ins A2024-25 s 6
def tier 3 civil penalty ins A2024-25 s 6
def Transparency and Comparability Code ins A2024-25 s 6
Meaning of tier 1 civil penalty, tier 2 civil penalty and tier 3 civil penalty—
sch 5
sch 5 s 5.2 ins A2024-25 s 6
Civil penalty provisions
sch 5 s 5.3 ins A2024-25 s 6
dict ins A2005-52 amdt 1.143
am A2008-15 amdt 2.7; A2009-20 amdt 3.102; A2010-30
amdt 1.34; A2011-52 amdt 3.112; A2012-32 s 59; A2015-33
amdt 1.118; A2024-25 s 7
def access agreement reloc from s 3 A2005-52 amdt 1.139
def access provider ins A2007-39 amdt 3.92
def access regime reloc from s 3 A2005-52 amdt 1.139
am A2011-3 amdt 3.240, amdt 3.241
def adjusted turnover ins A2024-25 s 8
def assistant commissioner ins A2005-52 amdt 1.143
om A2009-44 amdt 1.31
def associate commissioner ins A2005-52 amdt 1.143
def chief executive officer ins A2005-52 amdt 1.143
def civil penalty notice ins A2024-25 s 8
def civil penalty provision ins A2024-25 s 8
def commission ins A2005-52 amdt 1.143
def commissioner ins A2005-52 amdt 1.143
def commission secretariat ins A2005-52 amdt 1.143
om A2011-52 amdt 3.113
def competition policy considerations ins A2000-8 s 6
def competition principles agreement reloc from s 3
A2005-52 amdt 1.139
def competitive neutrality complaint ins A2000-8 s 6
def competitive neutrality principles ins A2000-8 s 6
def conduct ins A2024-25 s 8
def confidential information sub A2000-8 s 6
am A2016-55 amdt 4.21
def Consumer Protection Code ins A2024-25 s 8
def corresponding offence ins A2024-25 s 8
def court ins A2024-25 s 8
def current reset principles ins A2000-66 sch 1 pt 7
def declared fee ins A2003-50 s 4
def determination reloc from s 3 A2005-52 amdt 1.139
def direction ins A2011-3 amdt 3.242
def Electricity Feed-in Code ins A2024-25 s 8
def eligible person ins A2005-52 amdt 1.143
def energy ins A2012-32 s 60
def enforcement order ins A2024-25 s 8
def enforcement order proceeding ins A2024-25 s 8
def evidential burden ins A2024-25 s 8
def future reset principles ins A2000-66 sch 1 pt 7
def Gas Pipelines Access (A.C.T.) Law ins A2000-66 sch 1
pt 7
om A2008-15 amdt 2.8
def Gas Pipelines Access (A.C.T.) Regulations ins
A2000-66 sch 1 pt 7
om A2008-15 amdt 2.8
def government activity ins A2000-8 s 6
def government-regulated activity ins A2000-8 s 6
def industry reloc from s 3 A2005-52 amdt 1.139
def industry panel ins A2000-66 sch 1 pt 7
def industry reference ins A2000-8 s 6
def investigation reloc from s 3 A2005-52 amdt 1.139
def law of the Territory ins A2000-66 sch 1 pt 7
am A2005-62 amdt 3.130; A2008-15 amdt 2.9; A2012-32
s 61
def legislation review principles ins A2000-8 s 6
om A2011-52 amdt 3.114
def National Electricity (ACT) Law ins A2000-66 sch 1 pt 7
om A2011-52 amdt 3.115
def National Electricity (ACT) Regulations ins A2000-66
sch 1 pt 7
om A2011-52 amdt 3.115
def national electricity code ins A2000-66 sch 1 pt 7
om A2005-62 amdt 3.131
def national electricity rules ins A2005-62 amdt 3.132
def national energy retail rules ins A2012-32 s 62
def national gas code ins A2000-66 sch 1 pt 7
om A2008-15 amdt 2.10
def NERL retailer ins A2012-32 s 62
def price reloc from s 3 A2005-52 amdt 1.139
def price direction sub A2000-66 sch 1 pt 7
sub A2007-39 amdt 3.93
def price regulation sub A2000-66 sch 1 pt 7
def price variation trigger ins A2000-66 sch 1 pt 7
def protected confidential information ins A2000-8 s 6
om A2011-52 amdt 3.116
def reference reloc from s 3 A2005-52 amdt 1.139
def referring authority sub A2000-8 s 6
def regulated industry am A2000-66 sch 1 pt 7
def regulated services reloc from s 3 A2005-52 amdt 1.139
def regulatory reference ins A2000-8 s 6
def related corporation ins A2024-25 s 8
def reset principles ins A2000-66 sch 1 pt 7
def responsible Minister ins A2000-8 s 6
def revenue cap ins A2000-66 sch 1 pt 7
def sealed section ins A2000-8 s 6
def self-funding referring authority ins A2000-8 s 6
def senior commissioner ins A2005-52 amdt 1.143
sub A2009-44 amdt 1.32
def standing commissioner ins A2005-52 amdt 1.143
sub A2009-44 amdt 1.33
def third party ins A2007-39 amdt 3.94
def tier 1 civil penalty ins A2024-25 s 8
def tier 2 civil penalty ins A2024-25 s 8
def tier 3 civil penalty ins A2024-25 s 8
def Transparency and Comparability Code ins A2024-25 s 8
def unsealed section ins A2000-8 s 6
def utility ins A2000-66 sch 1 pt 7
sub A2012-32 s 63
def utility service ins A2000-66 sch 1 pt 7
sub A2012-32 s 63
def variation ins A2000-66 sch 1 pt 7
5 Earlier republications
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk () in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 A2000-8 10 April 2000
2 A2001-44 21 January 2002
3 A2002-11 30 May 2002
4 A2003-50 26 November 2003
5 A2004-15 9 April 2004
6 A2004-15 13 April 2004
7 A2004-42 25 August 2004
8 A2004-42 26 August 2004
9 A2005-53 23 November 2005
10 A2005-53 1 January 2006
11 A2005-62 11 January 2006
12 A2007-39 27 December 2007
13 A2008-15 1 July 2008
14 A2009-20 22 September 2009
15 A2009-44 22 December 2009
16 A2010-30 28 September 2010
17 A2011-3 1 March 2011
18 A2011-52 12 December 2011
19 A2012-32 1 July 2012
20 A2014-60 1 March 2015
Earlier republications 5
Republication No Amendments to Republication date
21 A2015-33 14 October 2015
22 A2016-34 1 July 2016
23 A2016-52 1 September 2016
24 A2017-7 1 July 2017
25 A2017-14 1 January 2018
26 A2018-33 23 October 2018
27 A2022-14 24 August 2022
28 A2024-25 19 December 2024