54General power to make determinations

54 General power to make determinations S. 54(1) substituted by No. 10/2016 s. 111(1). (a) there is no Pricing Order in effect and the ESC Minister determines that prescribed services are to be subject to price regulation; or (b) there is a Pricing Order in effect and that Order declares that this Division applies to the provision of prescribed services. S. 54(2) substituted by No. 10/2016 s. 111(1). (2) The Commission must make a determination in accordance with Part 3 of the **Essential Services Commission Act 2001**. S. 54(3) repealed by No. 63/2007 s. 9, new s. 54(3) inserted by No. 78/2011 s. 51. (3) The Commission must not make a determination under this section in relation to prescribed services unless it has the approval of the Minister administering this Act to do so. S. 54(3A) inserted by No. 10/2016 s. 111(2). (3A) In addition, while a Pricing Order is in effect, the Commission must not make a determination under this section in relation to prescribed services provided in the port of Melbourne that does not give effect to, or has the effect of altering or varying, a protected provision. S. 54(4) inserted by No. 85/2003 s. 13. (4) The Commission may, when making a determination in relation to prescribed services in a commercial trading port, have regard to the costs associated with any service related to the prescribed services if— (a) the related service is necessary or essential to the provision of prescribed services; and (b) the related service cannot readily be provided by another provider; and (c) it is not feasible to charge a separate price for the related service. S. 54(5) inserted by No. 85/2003 s. 13, amended by Nos 45/2010 s. 35, 38/2011 s. 25(1), repealed by No. 10/2016 s. 111(3). S. 54(6) inserted by No. 38/2011 s. 25(2). (6) Without limiting subsection (4), the Commission may, when making a determination in relation to prescribed services in the port of Hastings, have regard to a related service required to meet the Port of Hastings Development Authority's object under section 141S of the **Transport Integration Act 2010** including the following services— (a) the provision of rail and road infrastructure within the port that is necessary for moving cargo to or from berthing facilities or short term storage facilities or cargo marshalling facilities; (b) the provision of land to satisfy safety, security, planning or environmental requirements; (c) the provision of safety, security, emergency or environmental management services that are required by law or to meet the reasonable expectations that the community has of the Authority; (d) the provision of strategic planning for the port; (e) the facilitation of trade through the port. S. 54(7) inserted by No. 10/2016 s. 111(4). (7) To avoid doubt, a determination made by the Commission under this section in relation to prescribed services provided in the port of Melbourne does not cease to have effect only because a Pricing Order ceases to have effect. Pt 3 Div. 3A (Heading) inserted by No. 10/2016 s. 112.