"access regime" means a scheme (whether of a legislative, administrative or
other kind) set up for the purpose of implementing the Competition PrinciplesAgreementin respect of third-party access to services provided by means of
infrastructure facilities owned, controlled or operated by a public or private
sector body, where
"service" --
(a) includes the use of an infrastructure facility (such as a
road or railway), the handling or transporting of things (such as goods or
people) or a communications service or similar service, but
(b) does not
include the supply of goods, the use of intellectual property or the use of a
production process, except to the extent that that supply or use is an
integral but subsidiary part of the service.
"Competition Principles Agreement" means the Competition PrinciplesAgreementmade on 11 April 1995 by the Commonwealth, the Territories and the States, as
in force for the time being.
"government agency" means any public or local authority which supplies
services to the public or any part of the public, and includes a government
department, state owned corporation, water supply authority or public utility
undertaking which supplies such services.
"government monopoly service" is defined in section 4.
(b) in relation to any other government agency or public
authority--means the Minister who is responsible for the agency or authority,
or such other Minister as is nominated by the Premier by order published in
the Gazette.
"price" includes any rate, fee, levy and charge and any other valuable
consideration (however described), but does not include a State tax.
"pricing policies" includes policies relating to the level or structure of
prices for services.
"public infrastructure access regime" means an access regime that relates to
services provided by means of infrastructure facilities owned, controlled or
operated by a government agency.
"service" includes--
(a) the supply of water, electricity, gas or other thing
(whether or not of the same kind), and
(b) the provision of public transport,
and
(c) the making available for use of facilities of any kind, and
(d) the
conferring of rights, benefits or privileges for which the price is payable in
the form of royalty, tribute, levy or similar exaction, and
(e) the exercise
of the general functions of a public or local authority for which a rate or
levy is payable by a section of the public,
but does not include anything for
which a State tax is payable.
"State tax" means a tax such as land tax or stamp duty which is imposed for
the public revenue purposes of the State.
"Tribunal" means the Independent Pricing and Regulatory Tribunal of New South
Wales established by this Act.