sec.26Matters to be considered by authority for investigation

### sec.26 Matters to be considered by authority for investigation In conducting an investigation under this division, the authority must have regard to the following matters— the need for efficient resource allocation; the need to promote competition; the protection of consumers from abuses of monopoly power; in relation to the goods or services to which the monopoly business activity relates— the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and the actual cost of providing the goods or services; and the standard of the goods or services, including quality, reliability and safety; the appropriate rate of return on assets; the effect of inflation; the impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity; considerations of demand management; social welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices; the need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities; legislation and government policies relating to ecologically sustainable development; legislation and government policies relating to occupational health and safety and industrial relations; economic and regional development issues, including employment and investment growth; if the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on. If the investigation relates to a monopoly business activity involving the supply of water, the authority must have regard to water pricing determinations. Subsections (1) and (2) do not limit the matters to which the authority may have regard in conducting an investigation. s 26 amd 2000 No. 15 s 12 ; 2008 No. 35 s 25 ; 2013 No. 39 s 43 sch 1 (sec.26-ssec.1) In conducting an investigation under this division, the authority must have regard to the following matters— the need for efficient resource allocation; the need to promote competition; the protection of consumers from abuses of monopoly power; in relation to the goods or services to which the monopoly business activity relates— the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and the actual cost of providing the goods or services; and the standard of the goods or services, including quality, reliability and safety; the appropriate rate of return on assets; the effect of inflation; the impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity; considerations of demand management; social welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices; the need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities; legislation and government policies relating to ecologically sustainable development; legislation and government policies relating to occupational health and safety and industrial relations; economic and regional development issues, including employment and investment growth; if the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on. (sec.26-ssec.2) If the investigation relates to a monopoly business activity involving the supply of water, the authority must have regard to water pricing determinations. (sec.26-ssec.3) Subsections (1) and (2) do not limit the matters to which the authority may have regard in conducting an investigation. - (a) the need for efficient resource allocation; - (b) the need to promote competition; - (c) the protection of consumers from abuses of monopoly power; - (d) in relation to the goods or services to which the monopoly business activity relates— (i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and (ii) the actual cost of providing the goods or services; and (iii) the standard of the goods or services, including quality, reliability and safety; - (i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and - (ii) the actual cost of providing the goods or services; and - (iii) the standard of the goods or services, including quality, reliability and safety; - (e) the appropriate rate of return on assets; - (f) the effect of inflation; - (g) the impact on the environment of prices charged by the government agency or other person carrying on the monopoly business activity; - (h) considerations of demand management; - (i) social welfare and equity considerations including community service obligations, the availability of goods and services to consumers and the social impact of pricing practices; - (j) the need for pricing practices not to discourage socially desirable investment or innovation by government agencies and persons carrying on non-government business activities; - (k) legislation and government policies relating to ecologically sustainable development; - (l) legislation and government policies relating to occupational health and safety and industrial relations; - (m) economic and regional development issues, including employment and investment growth; - (n) if the monopoly business activity is a government business activity—any directions given by the government to the government agency by which the monopoly business activity is carried on. - (i) the cost of providing the goods or services in an efficient way, having regard to relevant interstate and international benchmarks; and - (ii) the actual cost of providing the goods or services; and - (iii) the standard of the goods or services, including quality, reliability and safety;