45Definitions

45 Definitions S. 45 def. of *adverse compliance report* inserted by No. 10/2016 s. 103(a). ***adverse compliance report***, in relation to a provider of prescribed services, means a final published report in which the Commission has found that the provider has not complied with a Pricing Order in a significant and sustained manner; S. 45 def. of *associated entity* inserted by No. 10/2016 s. 103(a). ***associated entity*** has the same meaning as in the Corporations Act; S. 45 def. of *authorised transaction* inserted by No. 10/2016 s. 103(a). ***authorised transaction*** has the same meaning as in the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**; S. 45 def. of *channel operator* amended by Nos 23/2003 s. 23, 85/2003 s. 30(2), 45/2010 s. 34, 38/2011 s. 24, repealed by No. 10/2016 s. 103(e). S. 45 def. of *Commission* inserted by No. 62/2001 s. 86(1)(a). ***Commission*** means the Essential Services Commission established under the **Essential Services Commission Act 2001**; S. 45 def. of *Competition Principles Agreement* repealed by No. 10/2016 s. 103(e). S. 45 def. of *Dedicated Channels* inserted by No. 10/2016 s. 103(a). ***Dedicated Channels*** means that part of port of Melbourne waters that are north of Fawkner Beacon; S. 45 def. of *enforceable provision* inserted by No. 10/2016 s. 103(a). ***enforceable provision*** means a provision of a Pricing Order that is prescribed; S. 45 def. of *ESC Minister* inserted by No. 10/2016 s. 103(a). ***ESC Minister*** means the Minister administering the **Essential Services Commission Act 2001**; S. 45 def. of *ESC Price Monitoring Determination* inserted by No. 10/2016 s. 103(a). ***ESC Price Monitoring Determination*** means— (a) the determination of the Commission under Part 3 of the **Essential Services Commission Act 2001** titled the "Price Monitoring Determination for Victorian Ports 2010" made on 4 May 2010, as amended from time to time; (b) any determination under Part 3 of the **Essential Services Commission Act 2001** made by the Commission that revokes and substitutes, or supersedes, the determination referred to in paragraph (a), as amended from time to time; S. 45 def. of *final published report* inserted by No. 10/2016 s. 103(a). ***final published report*** means a report on an inquiry under section 49I laid before each House of the Parliament or made available for public inspection in accordance with section 45 of the **Essential Services Commission Act 2001**; S. 45 def. of *Office* repealed by No. 62/2001 s. 86(1)(b). S. 45 def. of *port assets* inserted by No. 10/2016 s. 103(a). ***port assets*** has the same meaning as in the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**; S. 45 def. of *prescribed channel* repealed by No. 10/2016 s. 103(e). S. 45 def. of *prescribed prices* amended by No. 10/2016 s. 103(b). ***prescribed prices*** means the prices specified in section 49(1)(b); S. 45 def. of *prescribed services* amended by No. 10/2016 s. 103(c). ***prescribed services*** means the services specified in section 49(1)(c); S. 45 def. of *Pricing Order* repealed by No. 62/2001 s. 86(2)(a), new def. of *Pricing Order* inserted by No. 10/2016 s. 103(a). ***Pricing Order*** means an Order in Council made under section 49A; S. 45 def. of *Pricing Order transition period* inserted by No. 10/2016 s. 103(a). ***Pricing Order transition period*** means the period specified under a Pricing Order; S. 45 def. of *protected provision* inserted by No. 10/2016 s. 103(a). ***protected provision*** means— (a) a provision of a Pricing Order that specifies the initial values of assets used by a provider of prescribed services to provide those services, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong; or (b) a provision of a Pricing Order that specifies the economic life of an asset used by a provider of prescribed services to provide those services for amortisation and depreciation purposes; or (c) a provision of a Pricing Order specified under a Pricing Order as a protected provision; S. 45 def. of *regulated industry* amended by No. 10/2016 s. 103(d). ***regulated industry*** means the industry specified in section 49(1)(a); S. 45 def. of *re-regulation recommend-ation* inserted by No. 10/2016 s. 103(a). ***re-regulation recommendation*** means a recommendation of the ESC Minister to the Governor in Council to make an Order under section 49A that amends or revokes provisions of a Pricing Order to make Division 3 apply in relation to the provision of prescribed services; S. 45 def. of *seaward limit* inserted by No. 10/2016 s. 103(a). ***seaward limit*** means the line constituting the arc of a circle with a radius of 3 nautical miles centred on position 38°17'.52' S144°36'.84"E (Point Lonsdale Signal Station); S. 45 def. of *Shared Channels* inserted by No. 10/2016 s. 103(a). ***Shared Channels*** means that part of port of Melbourne waters extending from the seaward limit to Point Richards in the direction of Geelong and Fawkner Beacon in the direction of Melbourne, including the channels known as the Great Ship Channel and adjacent channels and the South Channel; S. 45 def. of *show cause notice* inserted by No. 10/2016 s. 103(a). ***show cause notice*** means a notice under section 49K(1). S. 46 amended by No. 62/2001 s. 86(1)(c).