49APricing Order

49A Pricing Order (1) The Governor in Council, on the recommendation of the ESC Minister, may make an Order— (a) for or with respect to the provision of prescribed services; and (b) for the regulation, in such manner as the Governor in Council thinks fit, of the prices for the provision of prescribed services. (2) Without limiting the generality of subsection (1)(a), an Order under subsection (1) may— (a) declare whether Division 2A, 2B or 3, or the Order, applies in relation to the provision of prescribed services; and See also section 47(2). (b) specify a provision of the Order as a protected provision; and (c) specify a period commencing on the day the Pricing Order takes effect as the Pricing Order transition period; and (d) specify procedures to enable monitoring of compliance with the Order; and (e) specify how specified information is to be recorded and kept; and (f) require persons to prepare and give reports to the Commission about specified information or specified matters. (3) Without limiting the generality of subsection (1)(b), the manner may include any one or more of the following— (a) monitoring the level of prices for prescribed services or any component of prescribed services; (b) specifying pricing policies or principles; (c) specifying cost measurement and allocation principles; (d) specifying initial values of assets used by the port of Melbourne operator to provide prescribed services, including the initial values of the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong; (e) specifying the treatment of capital expenditure; (f) fixing the price or the rate of increase or decrease in a price; (g) fixing a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price; (h) fixing an average price for prescribed services or any component of prescribed services, or an average rate of increase or decrease in the average price; (i) specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor; (j) specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the rate or supply of prescribed services or any component of prescribed services; (k) fixing a maximum revenue or maximum rate of increase or minimum rate of decrease in the maximum revenue in relation to prescribed services or any component of prescribed services; (l) providing for a return on, or return of, capital— (i) before any relevant capital expenditure is incurred; or (ii) over a period that is shorter than the projected economic life of the relevant asset; or (iii) if the provider of prescribed services to whom the Order applies or any associated entity of the provider is a private sector entity who has been granted a lease of port assets for the purposes of an authorised transaction, on an uneven basis during the period that equates to the term of that lease. S. 49B inserted by No. 10/2016 s. 107.