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INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992

- As at 8 June 2017
- Act 39 of 1992

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Government monopoly services

   PART 2 - TRIBUNAL

   5.      Establishment of Tribunal
   6.      Members and procedure of the Tribunal
   7.      Tribunal not subject to Ministerial control in making determinations or recommendations
   8.      Staff
   9.      Arrangements with other entities
   10.     Delegation of Tribunal’s functions

   PART 3 - PRICE DETERMINATIONS AND OTHER FUNCTIONS

           Division 1 - Pricing and electricity costs determinations: investigations and reports

   11.     Investigations and reports by Tribunal-standing reference
   12.     Investigations and reports by Tribunal-reference by Minister

           Division 2 - Industry and other matters: investigations and reports

   12A.    Investigations and reports on industry and other matters

           Division 2A - WHS matters: investigations and reports

   12AA.   Investigation and report by IPART in relation to SafeWork NSW

           Division 3 - Access regimes

   12B.    Notice of proposed access agreements
   12C.    Registration of access agreements
   12D.    Failure to notify proposal or provide copy of agreement
   12E.    Register of agreements

           Division 4 - Investigations and reports: general

   13.     Investigations and reports by Tribunal-general

           Division 5 - Price determinations and electricity costs determinations

   13A.    Determinations of pricing
   14.     Method of fixing maximum prices
   14A.    Setting of methodology for fixing prices
   14B.    Determinations of electricity costs contributions and related matters
   15.     Matters to be considered by Tribunal under this Act
   16.     Report on financial impact if maximum price not charged
   16A.    Passing through efficient costs in price determinations
   17.     Gazettal of determinations
   18.     Implementation of price determinations and other reports

           Division 6 - Publication of reports

   19.     Reports to be made public

           Division 7 - Investigations

   19A.    Definition
   20.     General conduct of investigations
   21.     Hearings in investigations
   22.     Tendering information, documents and evidence
   22A.    Making submissions and documents available to public
   23.     Offences
   24.     (Renumbered)

   PART 3A - PRICE DETERMINATIONS: MONITORING

   24AA.   Monitoring role
   24AB.   Government agencies to provide information, documents and evidence
   24AC.   Offences
   24AD.   Confidential information

   PART 3B - APPROVAL OR DETERMINATION OF MURRAY-DARLING BASIN WATER CHARGES

   24AE.   Definitions
   24AF.   Interpretation of applied provisions
   24AG.   Application of Commonwealth provisions
   24AH.   Functions of Tribunal
   24AI.   Operation of applied provisions
   24AJ.   Application for accreditation
   24AK.   Tribunal not subject to Ministerial control in exercise of functions
   24AL.   Notification of approval, revocation or cessation of accreditation

   PART 4A - ACCESS REGIMES: ARBITRATION OF DISPUTES

   24A.    Arbitration of access disputes
   24B.    Appointment and functions of arbitrator
   24C.    Determination of dispute by arbitrator
   24D.    Parties required to give effect to determination
   24E.    Termination of arbitration

   PART 4B - REGULATION OF UTILITIES

           Division 1 - Regulatory functions

   24F.    Regulatory functions of Tribunal
   24FA.   Recommendations and advice
   24FB.   Directions as to government policy

           Division 2 - Licence auditing functions

   24FC.   Licence auditing functions of Tribunal
   24FD.   Establishment and function of Utilities Licence Auditing Advisory Committee
   24FE.   Membership and procedure of Advisory Committee
   24FF.   Confidential information

   PART 4C - COMPETITIVE NEUTRALITY

           Division 1 - Preliminary

   24G.    Purpose and application of Part
   24GA.   Definitions

           Division 2 - Complaints

   24GB.   Complaints about competitive neutrality
   24GC.   Investigation and report
   24GD.   Reports
   24GE.   Portfolio Minister’s response to report

           Division 3 - Investigations

   24GF.   Definition
   24GG.   Conduct of investigations
   24GH.   Public trading agency to provide information, documents and evidence
   24GI.   Complainant may be requested to provide information, documents and evidence
   24GJ.   Confidential information
   24GK.   Offences
   24GL.   Report of complaints

   PART 5 - MISCELLANEOUS

   25.     Act binds Crown
   25A.    Cabinet information and proceedings
   26.     Personal liability
   27.     Service of documents on Tribunal
   28.     Proceedings for offences
   29.     Regulations
   30.     Savings and transitional provisions
   30A.    Review of Act
   31.     Disputes regarding application of determination of methodology
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4


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