3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > access regime means a scheme (whether of a legislative, administrative or other kind) set up for the purpose of implementing the Competition Principles Agreement in respect of third-party access to services provided by means of infrastructure facilities owned, controlled or operated by a public or private sector body, where service— > > > > > (a) includes the use of an infrastructure facility (such as a road or railway), the handling or transporting of things (such as goods or people) or a communications service or similar service, but > > > > > (b) does not include 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 service. > > > > Chairperson means the Chairperson of the Tribunal. > > > > 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. > > > > government agency means any public or local authority which supplies services to the public or any part of the public, and includes a government department, state owned corporation, water supply authority or public utility undertaking which supplies such services. > > > > government monopoly service is defined in section 4. > > > > portfolio Minister— > > > > > (a) in relation to a statutory State owned corporation—has the same meaning as in the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), or > > > > > (b) in relation to any other government agency or public authority—means the Minister who is responsible for the agency or authority, > > > > or such other Minister as is nominated by the Premier by order published in the Gazette. > > > > price includes any rate, fee, levy and charge and any other valuable consideration (however described), but does not include a State tax. > > > > pricing policies includes policies relating to the level or structure of prices for services. > > > > public infrastructure access regime means an access regime that relates to services provided by means of infrastructure facilities owned, controlled or operated by a government agency. > > > > service includes— > > > > > (a) the supply of water, electricity, gas or other thing (whether or not of the same kind), and > > > > > (b) the provision of public transport, and > > > > > (c) the making available for use of facilities of any kind, and > > > > > (d) the conferring of rights, benefits or privileges for which the price is payable in the form of royalty, tribute, levy or similar exaction, and > > > > > (e) the exercise of the general functions of a public or local authority for which a rate or levy is payable by a section of the public, > > > > but does not include anything for which a State tax is payable. > > > > State tax means a tax such as land tax or stamp duty which is imposed for the public revenue purposes of the State. > > > > Tribunal means the Independent Pricing and Regulatory Tribunal of New South Wales established by this Act. > > > > water supply authority has the same meaning as it has in the [Water Management Act 2000](/view/html/inforce/current/act-2000-092). > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) In this Act— > > > > > (a) a reference to a function includes a reference to a power, authority and duty, and > > > > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. > > > (3) Notes included in this Act do not form part of this Act. > > **s 3:** Am 1995 No 97, Sch 1 (3) (4); 2000 No 60, Sch 3.1 \[1\] \[2\]; 2006 No 105, Sch 7.1 \[1\] \[2\]; 2007 No 27, Sch 2.27.