New South Wales Consolidated Acts

INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 4

4 Government monopoly services

(1) For the purposes of this Act, a "government monopoly service" is a service supplied by a government agency and declared by the regulations or the Minister to be a government monopoly service.

Note: For declarations under this subsection, see the Historical notes at the end of this Act.

(2) A service may be declared to be a government monopoly service if the Minister certifies that it is a service:

(a) for which there are no other suppliers to provide competition in the part of the market concerned, and

(b) for which there is no contestable market by potential suppliers in the short term in that part of the market.

(3) A service may be declared to be a government monopoly service by reference to:

(a) a service specified or described in the declaration, or

(b) the service for which a price specified or described in the declaration is payable.

(4) A declaration of a service by the Minister is to be made by order published in the Gazette.

(5) To avoid doubt the service for which a navigation service charge under Part 5 of the Ports and Maritime Administration Act 1995 is payable is capable of being declared to be a government monopoly service. The relevant port authority (within the meaning of that Part) is taken to be the supplier of that service.

(6) To avoid doubt, the services for which fees and charges are payable under Chapter 3 of the Water Management Act 2000 are capable of being declared to be government monopoly services. The Water Administration Ministerial Corporation is taken to be the supplier of any such service.

(7) To avoid doubt, the services for which fees and charges are payable under the State Water Corporation Act 2004 are capable of being declared to be government monopoly services. State Water Corporation is taken to be the supplier of any such service.