INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SCHEDULE 4

INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SCHEDULE 4

SCHEDULE 4 – Savings and transitional provisions

(Section 30)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

Government Pricing Tribunal Amendment Act 1995

National Electricity (New South Wales) Act 1997

Independent Pricing and Regulatory Tribunal and Other Legislation Amendment Act 2000

Electricity Supply Amendment (Greenhouse Gas Emission Reduction) Act 2002

Passenger Transport Amendment (Bus Reform) Act 2004 (but only in relation to the amendments made to this Act)

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done, or omitted to be done, before the date of its publication.

Part 2 - Government Pricing Tribunal Amendment Act 1995

2 Definitions

In this Part--


"GPT" means the Government Pricing Tribunal of New South Wales as constituted immediately before the commencement of this clause.


"IPRT" means the Independent Pricing and Regulatory Tribunal of New South Wales.

3 Members of Tribunal

(1) Appointments made under this Act by the Governor and in force immediately before the commencement of this clause are taken to have been made by the Minister.

(2) A person who, immediately before the commencement of this clause, held office as a member of the GPT holds office as a member of the IPRT on that commencement for the remainder of the person's term.

4 Continuity of Tribunal

(1) The IPRT is a continuation of and the same legal entity as the GPT.

(2) Anything done or commenced by the GPT and having effect immediately before the commencement of this clause has effect after the commencement of this clause as if done by the IPRT.

(3) In particular, any determination by the GPT in force immediately before the commencement of this clause (or, though due to come into effect after that commencement, has not been revoked as at that commencement) is taken to be a determination of the IPRT.

(4) After the commencement of this clause, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to the GPT is to be read as a reference to the IPRT.

5 Effect of amendments on pending investigations

In making a determination or recommendation pursuant to an investigation begun before the commencement of an amendment made to section 14A or 15 by the Government Pricing Tribunal Amendment Act 1995 , the Tribunal is to use its best endeavours to have regard to the matters provided for in those amendments and, to the extent that it does not have regard to those matters, is to include in its report under section 14A (3) or 15 (2) a statement of the reasons why it did not have regard to the matters concerned.

Part 3 - National Electricity (New South Wales) Act 1997

6 Definition

In this Part--


"electricity supply authority" means any of the following--

(a) TransGrid,

(b) Advance Energy,

(c) Australian Inland Energy,

(d) EnergyAustralia,

(e) Great Southern Energy,

(f) Integral Energy Australia,

(g) NorthPower.

7 Standing references with respect to transmission network service pricing

(1) The Tribunal may continue to exercise its functions under this Act with respect to any transmission network service provided by an electricity supply authority whose name has been omitted from Schedule 1 by the National Electricity (New South Wales) Act 1997 as if the authority were still specified in that Schedule.

(2) This Act continues to have effect with respect to anything done by the Tribunal in the exercise of any such function.

(3) Without limiting subclause (2), section 18 continues to have effect with respect to any maximum price determined by the Tribunal, or calculated in accordance with the determination of the Tribunal, in relation to any transmission network service referred to in subclause (1).

(4) This clause ceases to have effect on 1 July 1999 or on such later date as may be prescribed by the regulations.

8 Standing references with respect to distribution network service pricing

(1) The Tribunal may continue to exercise its functions under this Act with respect to any distribution network service provided by an electricity supply authority whose name has been omitted from Schedule 1 by the National Electricity (New South Wales) Act 1997 as if the authority were still specified in that Schedule.

(2) This Act continues to have effect with respect to anything done by the Tribunal in the exercise of any such function.

(3) Without limiting subclause (2), section 18 continues to have effect with respect to any maximum price determined by the Tribunal, or calculated in accordance with the determination of the Tribunal, in relation to any distribution network service referred to in subclause (1).

(4) This clause ceases to have effect on 1 January 2001 or on such later date as may be prescribed by the regulations.

9 Standing references with respect to other government monopoly service pricing

(1) The Tribunal may continue to exercise its functions under this Act with respect to any government monopoly service (other than a distribution network service) provided by an electricity supply authority whose name has been omitted from Schedule 1 by the National Electricity (New South Wales) Act 1997 as if the authority were still specified in that Schedule.

(2) This Act continues to have effect with respect to anything done by the Tribunal in the exercise of any such function.

(3) Without limiting subclause (2), section 18 continues to have effect with respect to any maximum price determined by the Tribunal, or calculated in accordance with the determination of the Tribunal, in relation to any government monopoly service referred to in subclause (1).

(4) This clause ceases to have effect on 1 January 2001 or on such other date, whether occurring before or after 1 January 2001, as may be prescribed by the regulations.

10 Exercise of Tribunal's functions for the purposes of the National Electricity (NSW) Law

(1) For the purpose of enabling it to give full effect to the National Electricity (NSW) Law , the Tribunal may exercise its functions with respect to the whole of any transmission network or distribution network, even if part of the network is situated outside New South Wales.

(2) For the purposes of this Act, the functions of the Tribunal under the National Electricity (NSW) Law include the functions of the Tribunal under the National Electricity Code referred to in that Law.

Part 4 - Independent Pricing and Regulatory Tribunal and Other Legislation Amendment Act 2000

11 Definition

In this Part--


"amending Act" means the Independent Pricing and Regulatory Tribunal and Other Legislation Amendment Act 2000 .

12 References to renumbered Part 4 of this Act

A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to Part 4 of this Act (as amended by Schedule 3 to the amending Act) is taken to be a reference to Division 7 of Part 3 of this Act.

13 Provisions in licences and operating licences

If a licence or operating licence granted under an Act referred to in section 24FC (as inserted by the amending Act) contains, immediately before the commencement of that section, a term or condition that would after that commencement have the effect of preventing the Tribunal from exercising any of its licence auditing functions (including any term or condition that prevents the Tribunal from being appointed as Licence Regulator), the term or condition is taken to cease to be in force to the extent that it would, but for this clause, have that effect.

14 References to Licence Regulator

(1) A reference to the Regulator in an operating licence in force at the commencement of section 18B of the Hunter Water Act 1991 (as inserted by the amending Act) is taken to be a reference to the Tribunal.

(2) A reference to the Licence Regulator (being the Sydney Water Corporation Licence Regulator) in an operating licence in force at the commencement of the amendments to section 31 of the Sydney Water Act 1994 made by Schedule 1 to the amending Act is taken to be a reference to the Tribunal.

(3) A reference to the Licence Regulator (being the Sydney Water Corporation Licence Regulator) in an operating licence in force at the commencement of the amendments to section 31 of the Sydney Water Catchment Management Act 1998 made by Schedule 1 to the amending Act is taken to be a reference to the Tribunal.

15 Competitive neutrality

Part 4C (as inserted by the amending Act) extends to--

(a) the conduct of public trading agencies occurring on or after 1 June 1996, and

(b) complaints to the Minister about such conduct made before or after the commencement of this clause.