4Government monopoly services

#### 4 Government monopoly services 4 Government monopoly services > > (1) For the purposes of this Act, a government monopoly service is a service supplied by a government agency and declared by the regulations or the Minister to be a government monopoly service. > > > > Editorial note. > > > > For declarations under this subsection, see the Historical notes at the end of this Act. > > > (2) A service may be declared to be a government monopoly service if the Minister certifies that it is a service— > > > > > (a) for which there are no other suppliers to provide competition in the part of the market concerned, and > > > > > (b) for which there is no contestable market by potential suppliers in the short term in that part of the market. > > > (3) A service may be declared to be a government monopoly service by reference to— > > > > > (a) a service specified or described in the declaration, or > > > > > (b) the service for which a price specified or described in the declaration is payable. > > > (4) A declaration of a service by the Minister is to be made by order published on the NSW legislation website. > > > (5) To avoid doubt the service for which a navigation service charge under Part 5 of the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013) is payable is capable of being declared to be a government monopoly service. The relevant port authority (within the meaning of that Part) is taken to be the supplier of that service. > > > (6) To avoid doubt, the services for which fees and charges are payable under Chapter 3 of the [Water Management Act 2000](/view/html/inforce/current/act-2000-092) are capable of being declared to be government monopoly services. The Water Administration Ministerial Corporation is taken to be the supplier of any such service. > > > (7) To avoid doubt, the services for which fees and charges are payable under the [Water NSW Act 2014](/view/html/inforce/current/act-2014-074) are capable of being declared to be government monopoly services. Water NSW is taken to be the supplier of any such service. > > **s 4:** Am 1995 No 13, Sch 4; 2000 No 92, Sch 8.13 \[1\]; 2001 No 112, Sch 1.16; 2004 No 40, Sch 3.7 \[1\]; 2006 No 84, Sch 2.5 \[1\]; 2010 No 59, Sch 2.44; 2014 No 74, Sch 3.13 \[1\].