Australian Capital Territory Numbered Regulations

ENERGY AND WATER (REGULATION OF CHARGES) REGULATIONS (NO. 18 OF 1996)

TABLE OF PROVISIONS

   PART I--PRELIMINARY CITATION 1. THESE REGULATIONS MAY BE CITED AS THE ENERGY AND WATER (REGULATION OF CHARGES) REGULATIONS.

   2.      These Regulations commence on the day on which they are notified in the Gazette.  
   3.      In these Regulations, unless the contrary intention appears—“charges” means charges for the supply of electricity or water or the provision of sewerage services; “charging policies” includes policies relating to the level or structure of charges for services; “Commission” means the Energy and Water Charges Commission established under regulation 4; “Commissioner” means the person appointed under subclause 1 (1) of the Schedule; “direction” means a direction for the purposes of subsection 48 (1) of the Act; “government agency” has the same meaning as in the Public Sector Management Act 1994; “investigation” means an investigation under Part III; “the Act” means the Energy and Water Act 1988.  

   PART II--THE COMMISSION

   4.      (1) There shall be an Energy and Water Charges Commission.  
   5.      The Schedule has effect in relation to the appointment and terms of office of the Commissioner.  
   6.      The function of the Commission is to regulate charges for or in connection with the supply of electricity or water or the provision of sewerage services.  
   7.      (1) Subject to subregulation (2) the Commission is subject to the control of the Minister.  
   8.      (1) The staff of the Commission shall be public servants made available to the Commission by the Chief Executive.  
   9.      The Commission may enter into arrangements with government agencies or other bodies or persons for the provision of assistance to the Commission in relation to the performance of its function.  

   PART III--INVESTIGATIONS

   10.     (1) The Minister, by notice in writing, may refer to the Commission the question of regulating charges for services in respect of a period specified in the notice.  
   11.     (1) Where the Commission receives a notice under regulation 10, the Commission shall conduct an investigation into charges for services in respect of the period specified in the notice.  
   12.     (1) The Minister may, by instrument, specify requirements in relation to the conduct of an investigation or a report on an investigation by the Commission.  
   13.     Subject to regulation 12, the Commission may conduct an investigation in any manner the Commission considers appropriate.  
   14.     (1) For the purpose of an investigation the Commission may, by notice in writing served on a person, require the person to attend a hearing of the Commission to give evidence or to send to the Commission, on or before the day specified in the notice—  
   15.     (1) The Commission may, where it is satisfied that for any reason it is desirable to do so, give directions prohibiting or restricting the publication of—  
   16.     Notwithstanding regulation 15 the Commission shall make a document (including any statement or document given to the Commission under regulation 14) available for inspection on request by a person unless the document is an exempt document within the meaning of the Freedom of Information Act 1989.  
   17.     Nothing in these Regulations shall be taken to entitle the Commission—  

   PART IV--DIRECTIONS

   18.     (1) At the conclusion of its investigation, the Commission shall, subject to subregulation (2), decide on the level of charges for services in respect of the period specified in the notice under regulation 10 and give a direction to the Company accordingly.  
   19.     Where the Commission gives a direction to the Company, the Commission shall forward to the Minister a report containing—  
   20.     The Minister shall cause a copy of each direction forwarded to him or her under paragraph 19 (b) to be laid before the Legislative Assembly within 6 sitting days after the day on which he or she receives the direction.  

   PART V--MISCELLANEOUS

   21.     (1) The Company shall pay to the Commission the reasonable costs assessed by the Commission of performing its function under these Regulations.  
   22.     (1) No action lies against the Commission, the Commissioner or a person acting under the direction of the Commission by reason of any matter or thing done in good faith pursuant to these Regulations.  
   23.     A document may be served on the Commission by leaving it at, or by sending it by post, telex, facsimile or similar facility to—  
           SCHEDULE