Australian Capital Territory Numbered Acts

INDEPENDENT PRICING AND REGULATORY (NO 77 OF 1997)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Independent Pricing and Regulatory Commission Act 1997.  
   2.      This Act commences on the day on which it is notified in the Gazette.  
   3.      (1) In this Act—“access agreement” means an agreement under an access regime for the granting of access to services provided by means of the infrastructure facilities to which the access regime relates; “access regime” means a scheme (whether of a legislative or administrative nature, or any other nature) set up for the purpose of implementing the Competition Principles Agreement in respect of third-party access to services provided by means of infrastructure facilities wholly or partly located within the Territory that are wholly or substantially owned, controlled or operated by a single person, being services—  

   PART II--INDEPENDENT PRICING AND REGULATORY COMMISSION

   6.      (1) The Commission is constituted by a Commissioner.  
   7.      The Commission has the following objectives in relation to regulated industries and access regimes:  
   8.      The Commission has the following functions in relation to regulated industries:  
   9.      In its report under the Annual Reports (Government Agencies) Act 1995, the Commission shall include details of the following matters:  
   10.     Except as provided by this or any other law of the Territory, the Commission is not subject to the direction or control of the Minister or any other referring authority in relation to any investigation, price direction, report, access agreement or arbitration.  
   11.     The staff of the Commission shall be employed under the Public Sector Management Act 1994.  
   13.     (1) The Commission may, by instrument, delegate its functions to any person or committee of persons, subject to subsection (2).  
   14.     (1) No action, suit or proceeding lies against a person who is or has been—  

   PART III--INVESTIGATIONS

   15.     (1) A referring authority may provide a reference to the Commission in relation to any of the following matters:  
   16.     (1) The referring authority may, by instrument, specify requirements in relation to the conduct of an investigation or a report on an investigation by the Commission.  
   17.     (1) Where the Commission receives a reference, the Commission shall conduct an investigation as authorised by the terms of the reference.  
   19.     (1) The reasonable costs of an investigation into a regulated industry, as assessed by the Commission and notified to the person who is to pay those costs, are payable to the Commission by—  

   PART IV--PRICE DIRECTIONS AND REPORTS

   20.     (1) At the conclusion of an investigation upon a reference authorising the Commission to make a price direction in a regulated industry, the Commission shall decide on the level of prices for services in respect of the period specified in the reference and give a price direction accordingly to each person providing regulated services.  
   21.     Upon concluding an investigation, the Commission shall give the referring authority a final report containing—  
   22.     The Commission may, at any stage of an investigation, give the referring authority a special report on any matter arising from the investigation.  
   23.     (1) If, in the Commission's opinion, a final report or a special report contains confidential or commercially sensitive information, the Commission shall divide the report into 2 documents, as follows:  
   24.     (1) The referring authority shall cause a copy of a final report or a special report to be laid before the Legislative Assembly within 6 sitting days after the day on which the report is received.  

   PART V--ACCESS AGREEMENTS

   25.     (1) A person that proposes to enter into an access agreement in relation to infrastructure facilities wholly or substantially owned, controlled or operated by the person, shall notify the Commission of the proposal at least 30 days before entering into the agreement.  
   26.     (1) A person that enters an access agreement in relation to infrastructure facilities wholly or substantially owned, controlled or operated by the person shall notify the Commission of that fact.  
   27.     Nothing in this Part precludes the Commission from conducting an investigation under Part III into an access agreement or proposed access agreement.  
   28.     (1) If a person fails to notify the Commission under section 25 of a proposal for an access agreement, or under section 26 of entering into an access agreement, the Commission may request the person to provide the Commission with written reasons for that failure.  
   29.     (1) The Commission shall maintain a register of agreements for the purposes of this Part.  

   PART VI--ARBITRATION OF ACCESS REGIME DISPUTES

   30.     In this Part, in relation to an access regime for the provision of services—“access provider” means the person that wholly or substantially owns, controls or operates the infrastructure facilities by means of which the services are provided; “third party” means a person who wants access to the services, or wants a change to some aspect of access to the services, and who is in dispute with the access provider, being a dispute to which section 32 applies.  
   31.     This Part does not apply to the arbitration of a dispute in relation to an access regime if another law of the Territory (other than the Commercial Arbitration Act 1986) applies to the arbitration.  
   32.     (1) If a dispute exists with respect to an access regime that provides for the application of this Part, a party to the dispute may refer the dispute to arbitration under this Part.  
   33.     (1) The Commission, or a person appointed under subsection (2), may act as arbitrator to hear and determine a dispute referred to arbitration under this Part.  
   34.     Before making a determination in relation to a dispute, an arbitrator shall issue a draft determination to each party.  
   35.     (1) An arbitrator shall determine a dispute by making a written determination on access to the services by the third party.  
   36.     (1) The parties to an arbitration shall give effect to a determination in relation to the arbitration.  
   37.     An arbitration may be terminated by the party that referred the dispute to arbitration at any time before the arbitrator makes a determination.  
   38.     An arbitrator may, without making a determination, terminate the arbitration at any time if the arbitrator thinks that any of the following grounds exists:  
   39.     (1) An arbitrator may vary a determination on the application of any party.  
   40.     (1) The Commercial Arbitration Act 1986 applies in relation to an arbitration, subject to this Part.  

   PART VII--INFORMATION

   41.     (1) If the Commission has reason to believe that a person has information or a document that may assist it in performing its functions, it may, by written notice, require the person to give it the information or a copy of the document.  
   42.     (1) The Commission may, if satisfied that for any reason it is desirable to do so, give directions prohibiting or restricting the disclosure of—  
   43.     (1) Notwithstanding section 42, the Commission shall make a document (including any statement or document given to the Commission under section 41) available for inspection on request by a person unless—  
   44.     (1) A person shall not disclose any confidential information obtained in carrying out the person's functions in relation to this Act, except in accordance with subsection (3).  
   45.     (1) If the Commission proposes to disclose confidential information under section 46, it shall first give any affected person written notice inviting the person to show cause within 28 days after the date the notice is given why the confidential information should not be disclosed.  
   47.     (1) The Commission may disclose confidential information to any of the following persons for the purposes of the investigation in relation to which the information was obtained:  
   48.     Nothing in this Act shall be taken to entitle the Commission—  

   PART VIII--CO-OPERATION WITH THE COMMISSION

   49.     For the purpose of performing its functions the Commission may, by notice in writing served on a person, require the person to attend a hearing of the Commission to give evidence.  
   50.     (1) A person shall not, without reasonable excuse—  

   PART IX--ENFORCEMENT OF PRICE DIRECTIONS AND ARBITRATION DETERMINATIONS

   51.     In this Part—“direction” means—  
   52.     This Part applies if—  
   53.     (1) If this Part applies in relation to a person, the Commission may serve an order on the person requiring the person to comply with the direction.  
   54.     The Commission may apply to the Supreme Court for an injunction or declaration (or both) in respect of an order served under subsection 53 (1).  

   PART X--MISCELLANEOUS

   55.     (1) Where, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—  
   56.     A document may be served on the Commission by leaving it at, or by sending it by post, telex, facsimile, e-mail or similar facility to—  
   57.     The Executive may make regulations for the purposes of this Act.  
           SCHEDULE 1
           SCHEDULE 2