60Pricing orders for water supply and sewerage services

60 Pricing orders for water supply and sewerage services (1) The Minister may issue an order: (a) regulating prices for the sale of water supply and sewerage services to a licensee's customers or customers of a prescribed class; (b) regulating prices for the sale of other goods and services to a licensee's customers by a licensee with an effective monopoly in the sale of those goods and services; and (c) specifying the principles to be applied by a licensee when establishing any capital contribution to apply in respect to upgrading, augmenting or extending the licensee's infrastructure. (2) A pricing order may regulate prices in any manner the Minister considers appropriate including: (a) fixing a price or the rate of increase or decrease in a price; (b) fixing a maximum price or maximum rate of increase or minimum rate of decrease in a maximum price; (c) fixing an average price for specified goods or services or an average rate of increase or decrease in an average price; (d) 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;

Water Supply and Sewerage Services Act 2000 28 (e) specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the sale of specified goods or services; (f) specifying pricing policies or principles; and (g) fixing a maximum revenue, or maximum rate of increase or minimum rate of decrease in maximum revenue, in relation to specified goods or services. (3) A pricing order may provide that a calculation is to be performed, or a matter is to be determined, by the Utilities Commission in a manner specified by the order. (4) A pricing order: (a) takes effect on a date specified in the order; and (b) remains in force for not longer than 5 years or, in respect of the first pricing order issued, not longer than 3 years. (4A) The date specified, under subsection (4)(a), in a pricing order may be a date earlier than the date the order is made if the order has the effect of regulating prices in a manner that does not increase a price from the order previously in force. (5) Notice of the making of a pricing order must be published: (a) in the Gazette; and (b) in a newspaper circulating generally in the Territory. (6) The notice must include a brief description of the nature and effect of the pricing order and state how a copy of the order may be inspected or purchased. (7) The Minister must: (a) send a copy of a pricing order to each licensee to which the order applies; and (b) ensure that copies of the order are available for inspection and purchase by members of the public. (8) A licensee must comply with a pricing order or part of a pricing order that applies to the licensee.

Water Supply and Sewerage Services Act 2000 29 (9) The Utilities Commission must: (a) perform any functions that a pricing order contemplates will be performed by the Utilities Commission for the purposes of the order; and (b) enforce a pricing order under section 23 of the Utilities Commission Act 2000 in the same way as if it were a determination of the Utilities Commission under that Act. (10) The Utilities Commission's powers under this Division and the Utilities Commission Act 2000 are restricted to the extent specified in a pricing order.