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Queensland
QUEENSLAND
COMPETITION AUTHORITY
AMENDMENT BILL 2000
Queensland
QUEENSLAND COMPETITION
AUTHORITY AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Amendment of s 10 (Authority's functions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of pt 3 div 1 (Criteria for declarations of government
monopoly business activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Insertion of new pt 3 div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 1--Application of part
13A What pt 3 is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13B Application of part to responsible local governments
consisting of 2 or more local governments . . . . . . . . . . . . . . . . . . . . 12
13C Application of part to responsible local government for
giving notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13D Application of part to local government entities and
responsible local governments that are the same person . . . . . . . . . 13
13E Application of part to local government entities and
responsible local governments that are the same person for giving
notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Amendment of s 18 (Request for declaration) . . . . . . . . . . . . . . . . . . . . . . . 14
7 Insertion of new ss 18A and 18B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18A Notice of requests relating to significant business activities . . . . . . 14
18B Requests by local government entities and responsible
local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8 Amendment of s 19 (Declaration by Ministers) . . . . . . . . . . . . . . . . . . . . . . 15
9 Amendment of s 21 (Public availability of requests) . . . . . . . . . . . . . . . . . . 16
10 Amendment of s 23 (Investigations by authority--Ministerial
reference) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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11 Amendment of s 25 (Notice of investigation) . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Amendment of s 26 (Matters to be considered by authority for
investigation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Amendment of s 30 (Authority to report to Ministers) . . . . . . . . . . . . . . . . . 17
14 Amendment of s 34 (Public availability of reports) . . . . . . . . . . . . . . . . . . . 17
15 Amendment of s 35 (Delaying public availability of reports) . . . . . . . . . . . 18
16 Amendment of s 36 (Decision of Ministers about report) . . . . . . . . . . . . . . 18
17 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
36A Decision of responsible local government about report . . . . . . . . . . 19
18 Insertion of new ss 37A and 37B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37A Register of recommendations and decisions relating to
government monopoly business activities involving the supply of
water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37B Register of recommendations and decisions relating to
government monopoly business activities that are significant
business activities involving the supply of water . . . . . . . . . . . . . . . 21
19 Amendment of s 38 (Principle of competitive neutrality) . . . . . . . . . . . . . . 22
20 Amendment of s 57 (Decision of Ministers about report) . . . . . . . . . . . . . . 22
21 Amendment of s 84 (Making declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Amendment of s 85 (Notice of decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Amendment of s 95 (Effect of expiry or revocation of declaration) . . . . . . 23
24 Amendment of s 98 (Effect of ending of operation of declaration) . . . . . . . 24
25 Amendment of s 101 (Obligation of access provider to satisfy
access seeker's requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Amendment of s 109 (Decision on application) . . . . . . . . . . . . . . . . . . . . . . 26
27 Amendment of s 113 (Requirements about dispute notice) . . . . . . . . . . . . . 26
28 Amendment of s 115 (Withdrawal of dispute notice) . . . . . . . . . . . . . . . . . . 27
29 Insertion of new s 115A and pt 5, div 5, subdiv 2A . . . . . . . . . . . . . . . . . . . 27
115A Authority may refer access dispute to mediation . . . . . . . . . . . . . . . 27
Subdivision 2A--Mediation of access disputes
115B Parties to mediation of access disputes . . . . . . . . . . . . . . . . . . . . . . . 28
115C Other persons may take part in mediation conference . . . . . . . . . . . 29
115D Conduct of mediation under subdiv 2A . . . . . . . . . . . . . . . . . . . . . . . 29
115E Mediation agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
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115F Reference of access dispute--by mediator . . . . . . . . . . . . . . . . . . . . 29
115G Reference of access dispute--by party . . . . . . . . . . . . . . . . . . . . . . . 30
30 Replacement of ss 116 and 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
116 Parties to arbitration of access disputes . . . . . . . . . . . . . . . . . . . . . . . 30
117 Access determination by authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
31 Amendment of s 120 (Matters to be considered by authority in
making determination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
32 Amendment of s 127 (Register of determinations) . . . . . . . . . . . . . . . . . . . . 32
33 Amendment of s 128 (Making codes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
34 Amendment of s 137 (Contents of undertakings) . . . . . . . . . . . . . . . . . . . . . 33
35 Amendment of s 138 (Factors affecting approval of draft undertaking) . . . 34
36 Insertion of new s 150A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
150A Obligation of responsible person to comply with approved
access undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Amendment of s 163 (Responsible operator to keep separate
accounting records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
38 Omission of pt 5, division 10 (Registers) . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
39 Insertion of new pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 5A--PRICING AND SUPPLY OF WATER
Division 1--Preliminary
170A Application of part to partnerships and joint ventures . . . . . . . . . . . 35
170B Application of Act to authority for purposes of giving notices . . . . . 36
Division 2--Declarations and investigations of monopoly water
supply activities
Subdivision 1--Criteria for declaration recommendations and
declarations of monopoly water supply activities
170C Development of criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
170D Revision of, and advice about, criteria . . . . . . . . . . . . . . . . . . . . . . . 38
170E Consultation about criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
170F Publication of criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 2--Recommendation by authority for declaration of
monopoly water supply activities
170G Requests about declarations of monopoly water supply activities . 38
170H Notice of request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
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170I Making recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
170J Factors affecting making of recommendation . . . . . . . . . . . . . . . . . . 40
Subdivision 3--Investigations about candidate water supply activities
170K Power of authority to conduct investigation . . . . . . . . . . . . . . . . . . . 41
170L Notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
170M Procedures for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 4--Declaration by Ministers
170N Making declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
170O Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
170P Factors affecting making of declaration . . . . . . . . . . . . . . . . . . . . . . 43
170Q Duration of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 5--Revocation of declaration
170R Recommendation to revoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
170S Power of authority to conduct investigation . . . . . . . . . . . . . . . . . . . 44
170T Notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
170U Procedures for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
170V Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
170W Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
170X When revocation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 6--Other matters about monopoly water supply declarations
170Y Effect of expiry or revocation of declaration . . . . . . . . . . . . . . . . . . . 46
170Z Register of declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 7--Investigations about monopoly water supply activities
and making water pricing determinations
170ZA Investigations by authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
170ZB Directions of Ministers for Ministerial reference . . . . . . . . . . . . . . . 47
170ZC Notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
170ZD Procedures for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
170ZE Ending of authority's jurisdiction for investigation . . . . . . . . . . . . . . 48
170ZF Water pricing determination by authority . . . . . . . . . . . . . . . . . . . . . 48
170ZG Water pricing determinations may state how to calculate price . . . 49
170ZH Restrictions affecting making of water pricing determination . . . . . 49
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170ZI Matters to be considered by authority in making water pricing
determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
170ZJ When water pricing determination takes effect . . . . . . . . . . . . . . . . 51
170ZK Enforcement of water pricing determination . . . . . . . . . . . . . . . . . . . 51
170ZL Water suppliers' pricing practices . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
170ZM Register of water pricing determinations . . . . . . . . . . . . . . . . . . . . . 52
170ZMA Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
170ZN Obligation of private water supplier to negotiate . . . . . . . . . . . . . . . 53
170ZO Obligations of parties to negotiations for water supply
agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
170ZP Obligation of water supplier to satisfy water seeker's
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
170ZQ Terms of supply under separate water supply agreements . . . . . . . . 53
Division 4--Water supply disputes
Subdivision 1--Preliminary
170ZQA Definition for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
170ZR Application of dispute resolution procedures to water supply
disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Subdivision 2--Notices about water supply disputes
170ZS Giving water supply dispute notice . . . . . . . . . . . . . . . . . . . . . . . . . . 54
170ZT Requirements about water supply dispute notice . . . . . . . . . . . . . . . 55
170ZU Notice by authority of water supply dispute . . . . . . . . . . . . . . . . . . . 55
170ZV Withdrawal of water supply dispute notice . . . . . . . . . . . . . . . . . . . . 56
170ZW Authority may refer water supply dispute to mediation . . . . . . . . . 56
Subdivision 3--Mediation of water supply disputes
170ZX Parties to mediation of water supply disputes . . . . . . . . . . . . . . . . . . 57
170ZY Other persons may take part in mediation conference . . . . . . . . . . . 58
170ZZ Conduct of mediation under subdiv . . . . . . . . . . . . . . . . . . . . . . . . . . 58
170ZZA Mediation agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
170ZZB Reference of water supply dispute--by mediator . . . . . . . . . . . . . . 58
170ZZC Reference of water supply dispute--by party . . . . . . . . . . . . . . . . . 59
Subdivision 4--Arbitration of water supply disputes and making of
water supply determinations
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170ZZD Parties to arbitration of water supply disputes . . . . . . . . . . . . . . . . 59
170ZZE Water supply determination by authority . . . . . . . . . . . . . . . . . . . . 60
170ZZF Examples of water supply determinations . . . . . . . . . . . . . . . . . . . . 61
170ZZG Restrictions affecting making of water supply determinations . . . 61
170ZZH Matters to be considered by authority in making a water
supply determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
170ZZI Conduct of arbitration under subdiv . . . . . . . . . . . . . . . . . . . . . . . . . 64
170ZZJ Resolution of water supply dispute by authority without
arbitration or determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
170ZZK When water supply determination takes effect . . . . . . . . . . . . . . . 64
170ZZL Enforcement of water supply determination . . . . . . . . . . . . . . . . . . 65
170ZZM Register of water supply determinations . . . . . . . . . . . . . . . . . . . . 65
170ZZN Water supply determination not a substitute for seeking access
to a service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 5--Water supply undertakings
Subdivision 1--Submission and approval of draft undertakings
170ZZO Submission and approval of draft water supply undertaking . . . . . 66
170ZZP Contents of water supply undertakings . . . . . . . . . . . . . . . . . . . . . . 66
170ZZQ Factors affecting approval of draft water supply undertaking . . . . 67
Subdivision 2--Preparation and approval of draft amending water supply
undertakings
170ZZR Requirement of responsible person to give draft amending
water supply undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
170ZZS Consideration and approval of draft amending water supply
undertaking by authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
170ZZT Preparation and approval of draft amending water supply
undertaking by authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
170ZZU Submission and approval of voluntary draft amending
undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
170ZZV Factors affecting approval of draft amending water supply
undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 3--Investigations about draft water supply undertakings
170ZZW Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
170ZZX Power of authority to conduct investigation . . . . . . . . . . . . . . . . . . 71
170ZZY Notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
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170ZZZ Procedures for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Subdivision 4--Other matters about water supply undertakings
170ZZZA Withdrawal of approved water supply undertaking . . . . . . . . . . . 72
170ZZZB Period of operation of approved water supply undertaking . . . . . 73
170ZZZC Register of approved water supply undertakings . . . . . . . . . . . . . 73
170ZZZD Obligation of responsible person to comply with water supply
undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 6--Enforcement for pt 5A
170ZZZE References to person involved in contraventions . . . . . . . . . . . . . 73
170ZZZF Orders to enforce water supply and pricing determinations . . . . . 74
170ZZZG Consent injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
170ZZZH Interim injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
170ZZZI Factors relevant to granting restraining injunction . . . . . . . . . . . . 75
170ZZZJ Factors relevant to granting mandatory injunction . . . . . . . . . . . . 75
170ZZZK Discharge or variation of injunction or order . . . . . . . . . . . . . . . . 75
170ZZZL Orders to enforce approved water supply undertaking . . . . . . . . . 76
40 Amendment of s 171 (Application of part) . . . . . . . . . . . . . . . . . . . . . . . . . . 76
41 Amendment of s 176 (Notice of hearings) . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
42 Insertion of new pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 6A--CONDUCT OF MEDIATION
Division 1--Preliminary
187A Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 2--Constitution of mediator for mediation conferences
187B Constitution of mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
187C Presiding person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
187D Reconstitution of mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
187E Deciding questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 3--General conduct of mediation conferences
187F Conference to be in private . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
187G Limited right to representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
187H General procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
187I Parties' attendance at conference not compellable . . . . . . . . . . . . . 81
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187J No official record of mediation conference . . . . . . . . . . . . . . . . . . . . 81
Division 4--Other matters
187K Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
43 Replacement of s 188 (Application of part) . . . . . . . . . . . . . . . . . . . . . . . . . 82
188 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
188A Consolidation of arbitration of access and water supply disputes . . 83
44 Amendment of s 196 (General procedures) . . . . . . . . . . . . . . . . . . . . . . . . . . 83
45 Amendment of s 197 (Particular powers of authority) . . . . . . . . . . . . . . . . . 83
46 Insertion of new pt 8, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Division 3A--Registers
227A Keeping registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
227B Availability of registers for inspection . . . . . . . . . . . . . . . . . . . . . . . . 84
227C Inspection of registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
47 Insertion of new s 244A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
244A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
48 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 94
MINOR OR CONSEQUENTIAL AMENDMENTS
2000
A BILL
FOR
An Act to amend the Queensland Competition Authority Act 1997
s1 10 s3
Queensland Competition Authority
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Queensland Competition Authority 3
Amendment Act 2000. 4
amended 5
Act
Clause 2. This Act amends the Queensland Competition Authority Act 1997. 6
of s 10 (Authority's functions) 7
Amendment
Clause 3.(1) Section 10(a), from `declare'-- 8
omit, insert-- 9
`declare the following-- 10
(i) a government business activity to be a government 11
monopoly business activity; 12
(ii) a candidate water supply activity to be a monopoly water 13
supply activity; and'. 14
(2) Section 10(b), after `activities'-- 15
insert-- 16
`and monopoly water supply activities'. 17
(3) Section 10(g) and (h)-- 18
omit, insert-- 19
`(fa) to mediate to resolve access disputes or water supply disputes; 20
and 21
(fb) if asked by the parties to access agreements or water supply 22
agreements--to mediate to resolve disputes under the agreements; 23
and 24
s4 11 s5
Queensland Competition Authority
Amendment
(g) to conduct arbitration hearings for resolving access disputes or 1
water supply disputes; and 2
(ga) if asked by the parties to access agreements or water supply 3
agreements--to arbitrate to resolve disputes under the 4
agreements; and 5
(h) to approve undertakings for-- 6
(i) services; and 7
(ii) water supply activities carried on by water suppliers; and'. 8
of pt 3 div 1 (Criteria for declarations of government 9
Amendment
monopoly business activities) 10
Clause 4. Part 3, division 1-- 11
renumber as part 3, division 1A. 12
of new pt 3 div 1 13
Insertion
Clause 5. Part 3, before division 1A (as renumbered by section 4)-- 14
insert-- 15
`Division 1--Application of part 16
pt 3 is about 17
`What
`13A.(1) This part is about the declaration of government monopoly 18
business activities, their investigation by the authority, and reports about 19
their pricing activities. 20
`(2) This part applies generally to government agencies as defined in the 21
dictionary. 22
`(3) The application of the part to an activity of a local government entity 23
depends on whether the activity is a significant business activity as defined 24
in the dictionary. 25
s5 12 s5
Queensland Competition Authority
Amendment
of part to responsible local governments consisting of 1
`Application
2 or more local governments 2
`13B.(1) This section applies if the responsible local government for a 3
local government entity consists of 2 or more local governments (the 4
"participants"). 5
`(2) If this part requires or permits something to be done by a responsible 6
local government, the thing may be done by 1 or more of the participants 7
for the responsible local government. 8
`(3) If a provision of this part refers to a responsible local government 9
doing something, the provision applies as if the provision referred to 1 or 10
more of the participants for the responsible local government doing the 11
thing for the responsible local government. 12
of part to responsible local government for giving notices 13
`Application
`13C.(1) If this part requires or permits a notice to be given to a 14
responsible local government and it consists of 2 or more local 15
governments, the notice may be given to-- 16
(a) if there is a nominated local government for the responsible local 17
government--the nominated local government; or 18
(b) if the authority has requested notification of a nominated local 19
government for the responsible local government but there is no 20
nominated local government--any 1 of the local governments of 21
which the responsible local government consists. 22
`(2) A local government is the nominated local government for a 23
responsible local government consisting of 2 or more local governments 24
only if a written notice has been given to the authority in relation to the local 25
government (the "nominee") and the notice contains-- 26
(a) the nominee's name and address for receiving notices; and 27
(b) a signed statement by the other local governments that the 28
nominee is authorised by them to receive notices under this part 29
for all the local governments; and 30
(c) a signed statement by the nominee agreeing to be the local 31
s5 13 s5
Queensland Competition Authority
Amendment
government authorised to receive notices under this Act for all the 1
local governments. 2
`(3) For subsection (1)(b), the authority may request notification of a 3
nominated local government for the responsible local government by giving 4
a notice to each local government of which the responsible local government 5
consists asking that a written notice be given to the authority containing-- 6
(a) the name, and address for receiving notices, of 1 of the local 7
governments (also the "nominee"); and 8
(b) a signed statement by the other local governments that the 9
nominee is authorised by them to receive notices under this Act 10
for all the local governments; and 11
(c) a signed statement by the nominee agreeing to be the local 12
government authorised to receive notices under this Act for all the 13
local governments. 14
of part to local government entities and responsible local 15
`Application
governments that are the same person 16
`13D.(1) This section applies if-- 17
(a) this part requires or permits something to be done by both a local 18
government entity and the responsible local government for the 19
entity; and 20
(b) the local government entity is not incorporated. 21
`(2) The thing may be done by the local government entity or the 22
responsible local government once and-- 23
(a) if the thing is done by the local government entity--it is taken to 24
have also been done by the responsible local government; or 25
(b) if the thing is done by the responsible local government--it is 26
taken to have also been done by the local government entity. 27
of part to local government entities and responsible local 28
`Application
governments that are the same person for giving notices 29
`13E.(1) This section applies if-- 30
s6 14 s7
Queensland Competition Authority
Amendment
(a) this part requires or permits a notice to be given to both a local 1
government entity and the responsible local government for the 2
entity; and 3
(b) the local government entity is not incorporated. 4
`(2) The notice may be given to the local government entity or the 5
responsible local government once and-- 6
(a) if the notice is given to the local government entity--it is taken to 7
have also been given to the responsible local government; or 8
(b) if the notice is given to the responsible local government--it is 9
taken to have also been given to the local government entity.'. 10
of s 18 (Request for declaration) 11
Amendment
Clause 6. Section 18(a)-- 12
omit, insert-- 13
`(a) to declare a government business activity, whether or not it is a 14
significant business activity,1 to be a government monopoly 15
business activity; and'. 16
of new ss 18A and 18B 17
Insertion
Clause 7. After section 18-- 18
insert-- 19
of requests relating to significant business activities 20
`Notice
`18A.(1) This section applies if the authority makes a request under 21
section 18(a) relating to a significant business activity. 22
`(2) The authority must give written notice of the request to the 23
following, including details of the authority's reasons for making it-- 24
(a) the local government entity carrying on the activity; 25
1 For this part "significant business activity" is defined in the dictionary as a
significant business activity of a local government.
s8 15 s8
Queensland Competition Authority
Amendment
(b) the responsible local government for the entity. 1
by local government entities and responsible local 2
`Requests
governments 3
`18B.(1) A responsible local government for a local government entity 4
may ask the Ministers-- 5
(a) to declare a government business activity that is a significant 6
business activity to be a government monopoly business activity; 7
and 8
(b) if the declaration is made--to refer the government monopoly 9
business activity to the authority under section 23.2 10
`(2) The responsible local government must give the authority a copy of 11
the request.'. 12
of s 19 (Declaration by Ministers) 13
Amendment
Clause 8.(1) Section 19(4) and (5)-- 14
renumber as section 19(6) and (7). 15
(2) Section 19-- 16
insert-- 17
`(4) Also, in deciding whether to make a declaration about a government 18
business activity that is a significant business activity, the Ministers must 19
consult with the local government entity carrying on the activity and the 20
responsible local government for the entity. 21
`(5) For a consultation under subsection (4), the Ministers must-- 22
(a) notify the responsible local government and the local government 23
entity of the Ministers' intention to make a declaration about the 24
significant business activity; and 25
(b) give the responsible local government and the local government 26
2 Section 23 (Investigations by authority--Ministerial reference)
s9 16 s 11
Queensland Competition Authority
Amendment
entity 90 days to make submissions to the Ministers about the 1
intended declaration.'. 2
of s 21 (Public availability of requests) 3
Amendment
Clause 9. Section 21(a)-- 4
omit, insert-- 5
`(a) keep a list of requests made during the preceding 2 years-- 6
(i) by the authority under section 18; and 7
(ii) by responsible local governments under section 18B, of 8
which the authority has been given a copy under 9
section 18B(2); and'. 10
of s 23 (Investigations by authority--Ministerial 11
Amendment
reference) 12
Clause 10. Section 23-- 13
insert-- 14
`(2A) In deciding whether to refer a government monopoly business 15
activity that is a significant business activity to the authority under 16
subsection (2), the Ministers must consult with the local government entity 17
carrying on the activity and the responsible local government for the entity.'. 18
of s 25 (Notice of investigation) 19
Amendment
Clause 11. Section 25(3)-- 20
omit, insert-- 21
`(3) The notice must be given to-- 22
(a) the government agency carrying on the government monopoly 23
business authority; or 24
(b) if the investigation relates to a government monopoly business 25
activity that is a significant business activity-- 26
(i) the local government Minister; and 27
s 12 17 s 14
Queensland Competition Authority
Amendment
(ii) the responsible local government for the local government 1
entity carrying on the activity.'. 2
of s 26 (Matters to be considered by authority for 3
Amendment
investigation) 4
Clause 12. Section 26(2)-- 5
omit, insert-- 6
`(2) If the investigation relates to a government monopoly business 7
activity involving the supply of water, the authority must have regard to 8
water pricing determinations and water supply determinations. 9
`(3) Subsections (1) and (2) do not limit the matters to which the 10
authority may have regard in conducting an investigation.'. 11
of s 30 (Authority to report to Ministers) 12
Amendment
Clause 13. Section 30-- 13
insert-- 14
`(2) If the investigation relates to a government monopoly business 15
activity that is a significant business activity, the authority must also report 16
the results of the investigation to-- 17
(a) the local government Minister; and 18
(b) the responsible local government for the local government entity 19
carrying on the activity.'. 20
of s 34 (Public availability of reports) 21
Amendment
Clause 14. Section 34(1)-- 22
omit, insert-- 23
`34.(1) A copy of a report must be made available for public 24
inspection-- 25
(a) if the report relates to a government monopoly business activity 26
that is not a significant business activity--by the Ministers within 27
s 15 18 s 16
Queensland Competition Authority
Amendment
2 days after the Ministers receive the report; or 1
(b) if the report relates to a government monopoly business activity 2
that is a significant business activity-- 3
(i) by the Ministers within 2 days after the Ministers receive the 4
report; and 5
(ii) by the local government Minister within 2 days after the 6
Minister receives the report; and 7
(iii) by the responsible local government for the local 8
government entity carrying on the activity within 2 days after 9
the responsible local government receives the report.'. 10
of s 35 (Delaying public availability of reports) 11
Amendment
Clause 15. Section 35(3), from `relates'-- 12
omit, insert-- 13
`relates-- 14
(a) for a report relating to a government monopoly business activity 15
that is not a significant business activity--as if the Ministers 16
received the report at the end of the period mentioned in 17
subsection (1); or 18
(b) for a report relating to a government monopoly business activity 19
that is a significant business activity--as if the Ministers, the local 20
government Minister and the responsible local government for the 21
local government entity carrying on the activity received the report 22
at the end of the period mentioned in subsection (1).'. 23
of s 36 (Decision of Ministers about report) 24
Amendment
Clause 16.(1) Section 36(1) and (2)-- 25
renumber as section 36(2) and (4). 26
(2) Section 36-- 27
insert-- 28
`36.(1) This section applies to a report relating to a government 29
s 17 19 s 17
Queensland Competition Authority
Amendment
monopoly business activity that is not a significant business activity.'. 1
(3) Section 36(2), (as renumbered by subsection (1)), `1 month'-- 2
omit, insert-- 3
`90 days'. 4
(4) Section 36-- 5
insert-- 6
`(3) Before making a decision under subsection (2) about a government 7
monopoly business activity involving the supply of water, the Ministers 8
must have regard to water pricing determinations and water supply 9
determinations.'. 10
(5) Section 36(4) (as renumbered by subsection (1)), `subsection (1)'-- 11
omit, insert-- 12
`subsection (2)'. 13
of new s 36A 14
Insertion
Clause 17. After section 36-- 15
insert-- 16
of responsible local government about report 17
`Decision
`36A.(1) This section applies to a report relating to a government 18
monopoly business activity that is a significant business activity. 19
`(2) Within 90 days after the responsible local government for the local 20
government entity carrying on the activity receives the report, the 21
responsible local government must, by resolution-- 22
(a) accept, with or without qualification, or reject, the 23
recommendations about pricing practices contained in it; or 24
(b) accept, with or without qualification, some of the 25
recommendations about pricing practices contained in it and reject 26
the other recommendations. 27
`(3) Before making a decision under subsection (2) about a significant 28
business activity involving the supply of water, the responsible local 29
s 18 20 s 18
Queensland Competition Authority
Amendment
government must have regard to water pricing determinations and water 1
supply determinations. 2
`(4) As soon as practicable after making a decision under subsection (2), 3
the responsible local government must-- 4
(a) notify the decision and the reasons for the decision by gazette 5
notice; and 6
(b) give a copy of the decision and the reasons for the decision to-- 7
(i) the Ministers; and 8
(ii) the authority; and 9
(iii) the local government Minister; and 10
(iv) the local government entity carrying on the activity.'. 11
of new ss 37A and 37B 12
Insertion
Clause 18. Part 3, after section 37-- 13
insert-- 14
of recommendations and decisions relating to government 15
`Register
monopoly business activities involving the supply of water 16
`37A.(1) The authority must keep a register of-- 17
(a) the authority's recommendations about pricing practices contained 18
in reports of the results of investigations about government 19
monopoly business activities involving the supply of water; and 20
(b) the Ministers' decisions under section 36(2)3 relating to the 21
recommendations. 22
`(2) The register must include, for each recommendation, details of the 23
following-- 24
(a) the name of the government agency carrying on the government 25
monopoly business activity; 26
(b) the government monopoly business activity; 27
3 Section 36 (Decision of Ministers about report)
s 18 21 s 18
Queensland Competition Authority
Amendment
(c) the reasons for the recommendation; 1
(d) the day the report, in which the recommendation is made, is to be, 2
or was, given to the Ministers. 3
`(3) The register must also include, for each decision, details of the 4
following-- 5
(a) the day the Ministers made the decision; 6
(b) the day the Ministers' decision is to be, or was, notified under 7
section 36(4). 8
of recommendations and decisions relating to government 9
`Register
monopoly business activities that are significant business activities 10
involving the supply of water 11
`37B.(1) The authority must keep a register of-- 12
(a) the authority's recommendations about pricing practices contained 13
in the reports of the results of investigations about government 14
monopoly business activities that are significant business 15
activities involving the supply of water; and 16
(b) the decisions of the responsible local governments under 17
section 36A(2) relating to the recommendations. 18
`(2) The register must include, for each recommendation, details of the 19
following-- 20
(a) the name of the local government entity carrying on the 21
government monopoly business activity; 22
(b) the government monopoly business activity; 23
(c) the reasons for the recommendation; 24
(d) the day the report, in which the recommendation is made, is to be, 25
or was, given to the responsible local government for the local 26
government entity. 27
`(3) The register must also include, for each decision, details of the 28
following-- 29
(a) the day the responsible local government made the decision; 30
s 19 22 s 21
Queensland Competition Authority
Amendment
(b) the day the responsible local government's decision is to be, or 1
was, notified under section 36A(4).'. 2
of s 38 (Principle of competitive neutrality) 3
Amendment
Clause 19. Section 38, from `, solely' to `market'-- 4
omit, insert-- 5
`over competitors or potential competitors in a particular market solely 6
because the agency's activities are not subject to 1 or more of the 7
following-- 8
(a) full Commonwealth or State taxes or tax equivalent systems; 9
(b) debt guarantee fees directed towards offsetting the competitive 10
advantages of government guarantees; 11
(c) procedural or regulatory requirements of the Commonwealth, the 12
State or a local government on conditions equivalent to the 13
conditions to which a competitor or potential competitor may be 14
subject, including, for example, requirements about the protection 15
of the environment and about planning and approval processes.'. 16
of s 57 (Decision of Ministers about report) 17
Amendment
Clause 20. Section 57(1), `1 month'-- 18
omit, insert-- 19
`90 days.' 20
of s 84 (Making declaration) 21
Amendment
Clause 21.(1) Section 84(2)-- 22
renumber as section 84(4). 23
(2) Section 84-- 24
insert-- 25
`(2) If the service is provided by means of a facility owned by a local 26
government entity, the Ministers must consult with the local government 27
s 22 23 s 23
Queensland Competition Authority
Amendment
entity, and the responsible local government for the entity, before doing 1
anything under subsection (1). 2
`(3) For consulting under subsection (2), the Ministers must-- 3
(a) notify the local government entity and the responsible local 4
government of the Ministers' intention to make a declaration 5
about the service; and 6
(b) give the local government entity and the responsible local 7
government 90 days to make submissions to the Ministers about 8
the intended declaration.'. 9
of s 85 (Notice of decision) 10
Amendment
Clause 22.(1) Section 85(3)-- 11
omit, insert-- 12
`(3) If the Ministers do not publish as required under subsection (1) 13
within 90 days after the relevant day, they are taken, at the end of the 90 day 14
period-- 15
(a) to have decided not to declare the service; and 16
(b) to have published notice of the decision.'. 17
(2) Section 85(4)-- 18
insert-- 19
` "relevant day" means-- 20
(a) for a service provided by means of a facility owned by a local 21
government entity--the day after the 90 day period given, under 22
section 84(3)(b), to the local government entity to make 23
submissions; or 24
(b) otherwise--the day the Ministers receive the declaration 25
recommendation.'. 26
of s 95 (Effect of expiry or revocation of declaration) 27
Amendment
Clause 23. Section 95(a) and (b)-- 28
s 24 24 s 25
Queensland Competition Authority
Amendment
omit, insert-- 1
`(a) the mediation or arbitration of an access dispute for which an 2
access dispute notice was given before the expiry or revocation; or 3
(b) the operation or enforcement of an access determination made in 4
the arbitration of an access dispute for which an access dispute 5
notice was given before the expiry or revocation; or'. 6
of s 98 (Effect of ending of operation of declaration) 7
Amendment
Clause 24.(1) Section 98(a), `a dispute notice'-- 8
omit, insert-- 9
`an access dispute notice'. 10
(2) Section 98(b)-- 11
omit, insert-- 12
`(b) the operation or enforcement of an access determination made in 13
the arbitration of an access dispute for which an access dispute 14
notice was given before the operation of the declaration 15
ended; or'. 16
of s 101 (Obligation of access provider to satisfy access 17
Amendment
seeker's requirements) 18
Clause 25. Section 101-- 19
insert-- 20
`(2) Without limiting subsection (1), and subject to any relevant access 21
code or approved access undertaking, the access provider must give the 22
access seeker the following-- 23
(a) information about the price at which the access provider provides 24
the service, including the way in which the price is calculated; 25
(b) information about the costs of providing the service, including the 26
capital, operation and maintenance costs; 27
(c) information about the value of the access provider's assets, 28
including the way in which the value is calculated; 29
s 25 25 s 25
Queensland Competition Authority
Amendment
(d) an estimate of the spare capacity of the service, including the way 1
in which the spare capacity is calculated; 2
(e) a diagram or map of the facility used to provide the service; 3
(f) information about the operation of the facility; 4
(g) information about the safety system for the facility; 5
(h) if the authority makes a determination in an arbitration about 6
access to the service under division 5, subdivision 3--information 7
about the determination. 8
`(3) Despite subsection (2), if the authority reasonably considers the 9
disclosure of information under subsection (2) may be likely to damage the 10
commercial activities of the access provider, an access seeker or an access 11
user, the authority may-- 12
(a) allow the information to be categorised or aggregated so the 13
disclosure is not unduly damaging; or 14
(b) authorise the access provider not to give the access seeker 1 or 15
more of the matters mentioned in subsection (2). 16
`(4) Despite subsection (2), the authority may allow the matters 17
mentioned in subsection (2)(a) to (c) to be given in the form of a reference 18
tariff. 19
`(5) The access provider or access seeker may ask the authority for 20
advice or directions about a matter mentioned in this section. 21
`(6) The access provider and the access seeker must not, without the 22
consent of the giver of the information, disclose to another person 23
information given under this section. 24
`(7) In this section-- 25
"reference tariff", for a service, means a price, or formula for calculating a 26
price, that has been approved by the authority to set the basis for 27
negotiation of the price for access to the service under an access 28
agreement.'. 29
s 26 26 s 27
Queensland Competition Authority
Amendment
of s 109 (Decision on application) 1
Amendment
Clause 26. Section 109(2)(c), `relates.'-- 2
omit, insert-- 3
`relates, including whether adequate provision has been made for 4
compensation if the persons' rights are adversely affected.'. 5
of s 113 (Requirements about dispute notice) 6
Amendment
Clause 27.(1) Section 113, heading, before `dispute'-- 7
insert-- 8
`access'. 9
(2) Section 113(1), `(a "dispute notice")'-- 10
omit, insert-- 11
`(an "access dispute notice")'. 12
(3) Section 113(2), `A dispute'-- 13
omit, insert-- 14
`An access dispute'. 15
(4) Section 113(2)(c)-- 16
omit, insert-- 17
`(c) state whether the dispute is to be dealt with by mediation or 18
arbitration; and 19
(d) state the steps the party giving the notice has taken, or tried to 20
take, to satisfy its obligations about carrying out negotiations for 21
an access agreement in good faith, 4 including, if the dispute is to 22
be dealt with by arbitration, whether or not an attempt has been 23
made to resolve the dispute by mediation under subdivision 2A.'. 24
4 See section 100 (Obligations of parties to negotiations)
s 28 27 s 29
Queensland Competition Authority
Amendment
of s 115 (Withdrawal of dispute notice) 1
Amendment
Clause 28.(1) Section 115, heading, before `dispute'-- 2
insert-- 3
`access'. 4
(2) Section 115(1), `A dispute'-- 5
omit, insert-- 6
`An access dispute'. 7
(3) Section 115(2)-- 8
omit, insert-- 9
`(2) An access provider or access seeker may withdraw an access dispute 10
notice-- 11
(a) if the dispute is to be dealt with by mediation--at any time before 12
a mediated resolution of the dispute is achieved; or 13
(b) if the dispute is to be dealt with by arbitration--at any time before 14
the authority makes its determination.'. 15
(4) Section 115(3) and (4), `the dispute notice'-- 16
omit, insert-- 17
`the access dispute notice'. 18
(5) Section 115(5), `a dispute notice'-- 19
omit, insert-- 20
`an access dispute notice'. 21
of new s 115A and pt 5, div 5, subdiv 2A 22
Insertion
Clause 29. Part 5, division 5, subdivision 2, after section 115-- 23
insert-- 24
may refer access dispute to mediation 25
`Authority
`115A.(1) This section applies if-- 26
(a) the authority has received an access dispute notice stating-- 27
s 29 28 s 29
Queensland Competition Authority
Amendment
(i) the dispute is to be dealt with by arbitration; and 1
(ii) there has been no attempt to resolve the dispute by 2
mediation; and 3
(b) the authority considers a mediated resolution of the dispute can be 4
achieved. 5
`(2) The authority must give the following persons a written notice 6
asking them to attend a conference to attempt to resolve the dispute by 7
mediation (a "mediation conference")-- 8
(a) the access seeker stated in the access dispute notice as being the 9
access seeker involved in the access dispute with the access 10
provider; 11
(b) the access provider stated in the access dispute notice as being the 12
access provider involved in the access dispute with the access 13
seeker. 14
2A--Mediation of access disputes 15
`Subdivision
to mediation of access disputes 16
`Parties
`115B.(1) If section 115A applies, the parties to the mediation of an 17
access dispute are the persons to whom a notice under the section is given 18
by the authority. 19
`(2) If section 115A does not apply, the parties to the mediation of an 20
access dispute are-- 21
(a) the access provider or access seeker who gives the access dispute 22
notice for the access dispute; and 23
(b) if the access dispute notice is given by an access provider--the 24
access seeker stated in the notice as being the access seeker 25
involved in the access dispute with the access provider; and 26
(c) if the access dispute notice is given by an access seeker--the 27
access provider stated in the notice as being the access provider 28
involved in the access dispute with the access seeker. 29
s 29 29 s 29
Queensland Competition Authority
Amendment
persons may take part in mediation conference 1
`Other
`115C.(1) A mediator may allow a person who applies to take part in a 2
mediation conference to take part in the conference if-- 3
(a) the mediator is satisfied the person has a sufficient interest in the 4
resolution of the access dispute; and 5
(b) the parties to the mediation consent. 6
`(2) However, the person does not become a party to the dispute. 7
of mediation under subdiv 2A 8
`Conduct
`115D. Part 6A5 applies to a mediation under this subdivision. 9
agreements 10
`Mediation
`115E.(1) This section applies if the parties to the mediation of an access 11
dispute reach an agreement on the resolution (a "mediated resolution") of 12
the dispute. 13
`(2) The agreement must be put into writing and signed by or for the 14
parties (the "mediation agreement"). 15
`(3) The mediator must give a copy of the mediation agreement to the 16
authority as soon as practicable after it is signed. 17
of access dispute--by mediator 18
`Reference
`115F.(1) This section applies if-- 19
(a) any of the following apply-- 20
(i) the mediator considers the parties to a mediation can not 21
reach a mediated resolution of the access dispute the subject 22
of the mediation; 23
(ii) a party to the mediation does not attend the mediation 24
conference for the mediation; 25
5 Part 6A (Conduct of mediation)
s 30 30 s 30
Queensland Competition Authority
Amendment
(iii) the access dispute is not resolved within 4 months after the 1
access dispute notice for the dispute was given to the 2
authority; and 3
(b) the access dispute notice has not been withdrawn. 4
`(2) The mediator must, by written notice given to the authority, refer the 5
dispute to the authority for arbitration. 6
of access dispute--by party 7
`Reference
`115G. A party to the mediation of an access dispute may, by a further 8
access dispute notice, refer the dispute to the authority for arbitration if-- 9
(a) a signed mediation agreement exists for the dispute; and 10
(b) the party claims that another party to the mediation agreement has 11
not complied with the agreement within the time stated for it or, if 12
no time is stated, within 90 days after the agreement is signed.'. 13
of ss 116 and 117 14
Replacement
Clause 30. Sections 116 and 117-- 15
omit, insert-- 16
to arbitration of access disputes 17
`Parties
`116.(1) If the access dispute notice for an access dispute states the 18
dispute is to be dealt with by arbitration, the parties to the arbitration of the 19
dispute are-- 20
(a) the access provider or access seeker who gives the access dispute 21
notice for the access dispute; and 22
(b) if the access dispute notice is given by an access provider--the 23
access seeker stated in the notice as being the access seeker 24
involved in the access dispute with the access provider; and 25
(c) if the access dispute notice is given by an access seeker--the 26
access provider stated in the notice as being the access provider 27
involved in the access dispute with the access seeker; and 28
(d) any other person who applies to the authority in writing to be 29
s 30 31 s 30
Queensland Competition Authority
Amendment
made a party and is accepted by the authority as having a 1
sufficient interest. 2
`(2) If an access dispute is referred to the authority for arbitration by a 3
mediator under section 115F, the parties to the arbitration of the dispute 4
are-- 5
(a) the parties to the mediation to which the dispute relates; and 6
(b) any other person who applies to the authority in writing to be 7
made a party and is accepted by the authority as having a 8
sufficient interest. 9
determination by authority 10
`Access
`117.(1) The authority must make a written determination (an "access 11
determination") in an arbitration on access to the declared service by the 12
access seeker. 13
`(2) However, the authority is not required to make an access 14
determination if it ends the arbitration under section 122.6 15
`(3) The determination may deal with any matter relating to access to the 16
service by the access seeker, including matters that were not the basis for the 17
access dispute notice for the access dispute. 18
`(4) The authority is not required to make an access determination that 19
requires the access provider to provide access to the service by the access 20
seeker. 21
`(5) Before making an access determination, the authority must give a 22
draft determination to the parties. 23
`(6) Subject to subsection (5), the authority is not required to consult with 24
any entity before making an access determination. 25
`(7) When making an access determination, the authority must give the 26
parties its reasons for making the determination. 27
`(8) The fact that a party to an arbitration did not engage in negotiations 28
6 Section 122 (Resolution of access dispute by authority without arbitration or
determination)
s 31 32 s 32
Queensland Competition Authority
Amendment
for an access agreement in good faith does not affect-- 1
(a) an arbitration; or 2
(b) the making of an access determination, or an access determination 3
made, in the arbitration.'. 4
of s 120 (Matters to be considered by authority in 5
Amendment
making determination) 6
Clause 31.(1) Section 120, heading, before `determination'-- 7
insert-- 8
`access'. 9
(2) Section 120(1), `a determination'-- 10
omit, insert-- 11
`an access determination'. 12
(3) Section 120(2), after `matters'-- 13
insert-- 14
`relating to the matters mentioned in subsection (1)'. 15
of s 127 (Register of determinations) 16
Amendment
Clause 32.(1) Section 127, before `determinations'-- 17
insert-- 18
`access'. 19
(2) Section 127(2), after `each'-- 20
insert-- 21
`access'. 22
(3) Section 127(2)-- 23
insert-- 24
`(e) the authority's reasons for the determination.'. 25
s 33 33 s 34
Queensland Competition Authority
Amendment
(4) Section 127-- 1
insert-- 2
`(3) The details in the register of the authority's reasons for an access 3
determination must not include details that are likely to damage the 4
commercial activities of the parties to the determination.'. 5
of s 128 (Making codes) 6
Amendment
Clause 33. Section 128(2)(a), before `time'-- 7
insert-- 8
`reasonable'. 9
of s 137 (Contents of undertakings) 10
Amendment
Clause 34.(1) Section 137, heading, before `undertakings'-- 11
insert-- 12
`access'. 13
(2) Section 137(1) and (2), after `An'-- 14
insert-- 15
`access'. 16
(3) Section 137(2)(ba)-- 17
omit, insert-- 18
`(ba)information to be given to the authority or another person; 19
(bb) an obligation on the owner to comply with decisions of the 20
authority or another person about disputes about matters stated in 21
the undertaking; 22
(bc) information to be given to the authority about compliance with the 23
undertaking and performance indicators stated in the 24
undertaking;'. 25
s 35 34 s 37
Queensland Competition Authority
Amendment
of s 138 (Factors affecting approval of draft 1
Amendment
undertaking) 2
Clause 35.(1) Section 138, after `draft'-- 3
insert-- 4
`access'. 5
(2) Section 138(1)-- 6
insert-- 7
`(d) a draft access undertaking given to the authority by the owner of a 8
service that is not a declared service, whether or not the draft 9
undertaking is later amended in response to an initial or secondary 10
undertaking notice.'. 11
(3) Section 138(2)(c), `service;'-- 12
omit, insert-- 13
`service, including whether adequate provision has been made for 14
compensation if the rights of users of the service are adversely affected;'. 15
of new s 150A 16
Insertion
Clause 36. Part 5, division 7, subdivision 4, after section 150-- 17
insert-- 18
of responsible person to comply with approved access 19
`Obligation
undertaking 20
`150A. A responsible person must comply with an approved access 21
undertaking given by, or applicable to, the responsible person.'. 22
of s 163 (Responsible operator to keep separate 23
Amendment
accounting records) 24
Clause 37.(1) Section 163(1), after `must keep'-- 25
insert-- 26
`, in a form approved by the authority,'. 27
s 38 35 s 39
Queensland Competition Authority
Amendment
(2) Section 163-- 1
insert-- 2
`(4) Despite section 239,7 the authority may direct that the accounting 3
records for the declared service be published by the responsible operator if 4
the authority considers publication-- 5
(a) is in the public interest; and 6
(b) would not be likely to damage the responsible operator's 7
commercial activities.'. 8
of pt 5, division 10 (Registers) 9
Omission
Clause 38. Part 5, division 10-- 10
omit. 11
of new pt 5A 12
Insertion
Clause 39. After section 170-- 13
insert-- 14
ART 5A--PRICING AND SUPPLY OF WATER 15
`P
`Division 1--Preliminary 16
of part to partnerships and joint ventures 17
`Application
`170A.(1) This section applies if a water supplier or water seeker (a 18
"water body") is a partnership or joint venture consisting of 2 or more 19
entities (the "participants"). 20
`(2) If this part requires or permits something to be done by a water 21
body, the thing may be done by 1 or more of the participants for the water 22
body. 23
7 Section 239 (Confidential information)
s 39 36 s 39
Queensland Competition Authority
Amendment
`(3) If a provision of this part refers to a water body doing something, the 1
provision applies as if the provision referred to 1 or more of the participants 2
for the water body doing the thing for the water body. 3
`(4) Subsection (5) applies if-- 4
(a) a provision of this part requires a water body to do something, or 5
prohibits a water body from doing something; and 6
(b) a contravention of the provision is an offence. 7
`(5) The provision mentioned in subsection (4) applies as if a reference to 8
the water body were a reference to any person responsible for the 9
day-to-day management and control of the water body. 10
`(6) Subsection (7) applies if-- 11
(a) a provision of this part requires a water body to do something, or 12
prohibits a water body from doing something; and 13
(b) a contravention of the provision is not an offence. 14
`(7) The provision mentioned in subsection (6) applies as if a reference to 15
the water body were a reference to each participant for the water body and to 16
any other person responsible for the day-to-day management and control of 17
the water body. 18
of Act to authority for purposes of giving notices 19
`Application
`170B.(1) Subsection (2) applies if this part requires or permits a notice 20
to be given to a water supplier and the water supplier consists of 2 or more 21
entities. 22
`(2) The notice may be given to-- 23
(a) if there is a nominated entity for the water supplier--the 24
nominated entity; or 25
(b) if the authority has requested notification of a nominated entity for 26
the water supplier but there is no nominated entity--any 1 of the 27
entities of which the water supplier consists. 28
`(3) An entity is the nominated entity for a water supplier consisting of 29
2 or more entities only if a written notice has been given to the authority in 30
relation to the water supplier (the "nominee") and the notice contains-- 31
s 39 37 s 39
Queensland Competition Authority
Amendment
(a) the nominee's name and address for receiving notices; and 1
(b) a signed statement by the other entities of which the water 2
supplier consists that the nominee is authorised by them to receive 3
notices under this Act for all the entities of which the water 4
supplier consists; and 5
(c) a signed statement by the nominee agreeing to be the entity 6
authorised to receive notices under this Act for all the entities of 7
which the water supplier consists. 8
`(4) For subsection (2)(b), the authority may request notification of a 9
nominated entity, for a water supplier consisting of 2 or more entities, by 10
giving a notice to each entity of which the water supplier consists asking that 11
a written notice be given to the authority containing-- 12
(a) the name, and address for receiving notices, of 1 of the entities of 13
which the water supplier consists (also the "nominee"); and 14
(b) a signed statement by the other entities comprising the water 15
supplier that the nominee is authorised by them to receive notices 16
under this Act for all the entities of which the water supplier 17
consists; and 18
(c) a signed statement by the nominee agreeing to be the entity 19
authorised to receive notices under this Act for all the entities of 20
which the water supplier consists. 21
2--Declarations and investigations of monopoly water supply 22
`Division
activities 23
1--Criteria for declaration recommendations and 24
`Subdivision
declarations of monopoly water supply activities 25
of criteria 26
`Development
`170C. Within 6 months after the commencement of this subdivision, 27
the authority must-- 28
(a) develop criteria (the "water supply criteria") for use by the 29
s 39 38 s 39
Queensland Competition Authority
Amendment
Ministers for deciding whether to declare a candidate water supply 1
activity to be a monopoly water supply activity; and 2
(b) give written notice of the criteria to the Ministers. 3
of, and advice about, criteria 4
`Revision
`170D.(1) The authority must, if requested by the Ministers, and may, on 5
its own initiative-- 6
(a) revise the water supply criteria, including the criteria as previously 7
revised under this section; and 8
(b) give information or advice to the Ministers about the current 9
criteria. 10
`(2) The authority must give written notice of any revised criteria to the 11
Ministers. 12
about criteria 13
`Consultation
`170E. In developing or revising criteria for this subdivision, the 14
authority may consult with anyone it considers appropriate. 15
of criteria 16
`Publication
`170F. The authority must publish the criteria and any revised criteria 17
developed under this subdivision in the gazette and in any other way it 18
considers appropriate. 19
2--Recommendation by authority for declaration of 20
`Subdivision
monopoly water supply activities 21
about declarations of monopoly water supply activities 22
`Requests
`170G.(1) A person may ask the authority to recommend that a particular 23
candidate water supply activity be declared by the Ministers to be a 24
monopoly water supply activity. 25
`(2) The Ministers may ask the authority to consider whether a particular 26
s 39 39 s 39
Queensland Competition Authority
Amendment
candidate water supply activity should be declared by the Ministers to be a 1
monopoly water supply activity. 2
`(3) A request under subsection (1) or (2) must be in the form approved 3
by the authority. 4
`(4) Before the authority makes a recommendation about a request, the 5
person or Ministers may-- 6
(a) withdraw the request; or 7
(b) with the written agreement of the authority--amend the request. 8
`(5) If a request is withdrawn, the request is taken, for this part, never to 9
have been made. 10
of request 11
`Notice
`170H.(1) This section applies if a request under section 170G is made 12
about a candidate water supply activity, other than by the water supplier 13
carrying on the activity. 14
`(2) The authority must-- 15
(a) tell the water supplier carrying on the activity that the authority has 16
received the request; and 17
(b) if the request is later withdrawn or amended--immediately tell the 18
water supplier of the withdrawal or give details of the amendment 19
to the water supplier. 20
recommendation 21
`Making
`170I.(1) After receiving a request under section 170G, the authority 22
must recommend to the Ministers that-- 23
(a) the candidate water supply activity be declared to be a monopoly 24
water supply activity; or 25
(b) part of the activity, that is itself a water supply activity, be declared 26
to be a monopoly water supply activity; or 27
(c) the activity not be declared to be a monopoly water supply 28
activity. 29
s 39 40 s 39
Queensland Competition Authority
Amendment
`(2) Before making the recommendation, the authority may consult with 1
any person it considers appropriate. 2
`(3) The authority must-- 3
(a) make the recommendation within a reasonable time after 4
receiving the request; and 5
(b) publish the recommendation and the reasons for the 6
recommendation in the way the authority considers appropriate. 7
`(4) If the authority makes a recommendation that a candidate water 8
supply activity, or part of a candidate water supply activity, be declared to be 9
a monopoly water supply activity, the authority must also recommend the 10
period for which the declaration should operate. 11
`(5) Unless the request is made by the Ministers, the authority must give 12
a copy of the request to the Ministers with the recommendation. 13
`(6) If the applicant for the request is not the water supplier carrying on 14
the activity, the authority must give the water supplier's name to the 15
Ministers with the recommendation. 16
affecting making of recommendation 17
`Factors
`170J.(1) The authority must recommend a candidate water supply 18
activity be declared by the Ministers to be a monopoly water supply activity 19
if the authority is satisfied about all of the water supply criteria in relation to 20
the candidate water supply activity. 21
`(2) The authority must recommend that a candidate water supply activity 22
not be declared by the Ministers to be a monopoly water supply activity if 23
the authority is not satisfied about all of the water supply criteria in relation 24
to the candidate water supply activity. 25
`(3) Despite subsection (1), the authority may recommend that a 26
candidate water supply activity not be declared by the Ministers to be a 27
monopoly water supply activity if the authority considers the request was 28
not made in good faith or is frivolous. 29
`(4) Subsection (3) does not apply to a request made by the Ministers. 30
`(5) Despite subsections (1) and (2), the authority may recommend that 31
part of a candidate water supply activity be declared by the Ministers to be a 32
s 39 41 s 39
Queensland Competition Authority
Amendment
monopoly water supply activity if the authority is satisfied about all of the 1
water supply criteria for the part of the activity. 2
`Subdivision 3--Investigations about candidate water supply activities 3
of authority to conduct investigation 4
`Power
`170K. For making a recommendation under subdivision 2, the authority 5
may conduct an investigation about the candidate water supply activity. 6
of investigation 7
`Notice
`170L.(1) Before starting an investigation under this subdivision, the 8
authority must give reasonable notice of the investigation to-- 9
(a) the water supplier carrying on the candidate water supply activity; 10
and 11
(b) any other person the authority considers appropriate. 12
`(2) The notice must-- 13
(a) state the authority's intention to conduct the investigation; and 14
(b) state the name of the water supplier carrying on the activity; and 15
(c) state the subject matter of the investigation; and 16
(d) invite the person to whom the notice is given to make written 17
submissions to the authority on the subject matter within a 18
reasonable time stated in the notice; and 19
(e) state the authority's address. 20
for investigation 21
`Procedures
`170M. Part 68 applies to an investigation under this subdivision. 22
8 Part 6 (Investigations by authority)
s 39 42 s 39
Queensland Competition Authority
Amendment
4--Declaration by Ministers 1
`Subdivision
declarations 2
`Making
`170N.(1) After receiving a declaration recommendation, the Ministers 3
must do 1 of the following-- 4
(a) declare the candidate water supply activity to be a monopoly water 5
supply activity; 6
(b) declare part of the activity, that is itself a water supply activity, to 7
be a monopoly water supply activity; 8
(c) decide not to declare the activity to be a monopoly water supply 9
activity. 10
`(2) If the Ministers declare the activity, or part of the activity, to be a 11
monopoly water supply activity, the declaration must state the expiry date of 12
the declaration. 13
of decision 14
`Notice
`170O.(1) The Ministers must publish in the gazette-- 15
(a) notice of the decision to declare the candidate water supply activity 16
in whole or in part, or not to declare the activity, to be a monopoly 17
water supply activity; and 18
(b) the reasons for the decision. 19
`(2) Also, as soon as practicable after making the decision, the Ministers 20
must-- 21
(a) unless the request about the declaration of the activity was made 22
by the Ministers--give the designated material for the decision to 23
the applicant; and 24
(b) if the applicant for the request about the declaration of the activity 25
is not the water supplier carrying on the activity--give the 26
designated material for the decision to the water supplier carrying 27
on the activity; and 28
(c) give to the authority a written notice stating the decision and the 29
s 39 43 s 39
Queensland Competition Authority
Amendment
reasons for the decision. 1
`(3) If the Ministers do not publish as required under subsection (1) 2
within 90 days after receiving the declaration recommendation, they are 3
taken, at the end of the 90 day period-- 4
(a) to have decided not to declare the activity to be a monopoly water 5
supply activity; and 6
(b) to have published notice of the decision. 7
`(4) In this section-- 8
"designated material", for a decision of the Ministers to declare, or not to 9
declare, a candidate water supply activity to be a monopoly water 10
supply activity, means-- 11
(a) a copy of the declaration recommendation; and 12
(b) a written notice stating the decision and the reasons for the 13
decision. 14
affecting making of declaration 15
`Factors
`170P.(1) The Ministers must declare a candidate water supply activity to 16
be a monopoly water supply activity if they are satisfied about all of the 17
water supply criteria for the activity. 18
`(2) The Ministers must decide not to declare a candidate water supply 19
activity to be a monopoly water supply activity if they are not satisfied about 20
all of the water supply criteria for the activity. 21
`(3) Despite subsections (1) and (2), the Ministers may declare part of a 22
candidate water supply activity to be a monopoly water supply activity if 23
they are satisfied about all of the water supply criteria for the part of the 24
activity. 25
of declaration 26
`Duration
`170Q.(1) A declaration of a monopoly water supply activity starts to 27
operate on-- 28
s 39 44 s 39
Queensland Competition Authority
Amendment
(a) the day notice of the decision to declare the activity is published in 1
the gazette; or 2
(b) if a later day of operation is stated in the notice--the later day. 3
`(2) A declaration of a monopoly water supply activity continues in 4
operation until its expiry date, unless it is earlier revoked. 5
`Subdivision 5--Revocation of declaration 6
to revoke 7
`Recommendation
`170R.(1) The authority may recommend to the Ministers that a 8
declaration of a monopoly water supply activity be revoked. 9
`(2) The authority may recommend revocation only if it is satisfied that, 10
at the time of the recommendation, section 170P9 would prevent the 11
Ministers from declaring the relevant water supply activity to be a 12
monopoly water supply activity. 13
of authority to conduct investigation 14
`Power
`170S. For making a revocation recommendation, the authority may 15
conduct an investigation about the declared monopoly water supply activity. 16
of investigation 17
`Notice
`170T.(1) Before starting an investigation under this subdivision, the 18
authority must give reasonable notice of the investigation to-- 19
(a) the water supplier carrying on the monopoly water supply 20
activity; and 21
(b) any other person the authority considers appropriate. 22
`(2) The notice must-- 23
(a) state the authority's intention to conduct the investigation; and 24
9 Section 170P (Factors affecting making of declaration)
s 39 45 s 39
Queensland Competition Authority
Amendment
(b) state the subject matter of the investigation; and 1
(c) invite the person to whom the notice is given to make a written 2
submission to the authority on the subject matter within a 3
reasonable time stated in the notice; and 4
(d) state the authority's address. 5
for investigation 6
`Procedures
`170U. Part 610 applies to an investigation under this subdivision. 7
8
`Revocation
`170V.(1) On receiving a revocation recommendation, the Ministers 9
must either revoke the declaration of the monopoly water supply activity or 10
decide not to revoke the declaration. 11
`(2) The Ministers may revoke the declaration-- 12
(a) only after receiving a revocation recommendation; and 13
(b) only if they are satisfied that, at the time of the revocation, 14
section 170P11 would prevent the Ministers from declaring the 15
relevant water supply activity to be a monopoly water supply 16
activity. 17
of decision 18
`Notice
`170W.(1) The Ministers must publish in the gazette-- 19
(a) notice of a decision to revoke, or not to revoke, a declaration of a 20
monopoly water supply activity; and 21
(b) the reasons for the decision. 22
`(2) Also, as soon as practicable after making the decision, the Ministers 23
must give a written notice stating the decision and the reasons for the 24
decision to-- 25
10 Part 6 (Investigations by authority)
11 Section 170P (Factors affecting making of declaration)
s 39 46 s 39
Queensland Competition Authority
Amendment
(a) the water supplier carrying on the activity; and 1
(b) the authority. 2
revocation takes effect 3
`When
`170X. A decision of the Ministers to revoke a declaration of a monopoly 4
water supply activity takes effect on-- 5
(a) the day notice of the decision is published in the gazette; or 6
(b) if a later day of effect is stated in the notice--the later day. 7
`Subdivision 6--Other matters about monopoly water supply 8
declarations 9
of expiry or revocation of declaration 10
`Effect
`170Y. The expiry or revocation of a declaration of a monopoly water 11
supply activity does not affect-- 12
(a) the mediation or arbitration of a water supply dispute for which a 13
water supply dispute notice was given before the expiry or 14
revocation; or 15
(b) the operation or enforcement of a water supply determination 16
made in the arbitration of a water supply dispute for which a 17
water supply dispute notice was given before the expiry or 18
revocation; or 19
(c) the operation or enforcement of a water pricing determination that 20
was made before the expiry or revocation; or 21
(d) the operation of a water supply agreement, or a right acquired or a 22
liability incurred under a water supply agreement, that was entered 23
into before the expiry or revocation. 24
of declarations 25
`Register
`170Z.(1) The authority must keep a register of declarations of monopoly 26
water supply activities in operation. 27
s 39 47 s 39
Queensland Competition Authority
Amendment
`(2) The register must include, for each declaration, details the authority 1
considers appropriate. 2
`Subdivision 7--Investigations about monopoly water supply activities 3
and making water pricing determinations 4
by authority 5
`Investigations
`170ZA.(1) The Ministers may refer a monopoly water supply activity to 6
the authority for either or both of the following investigations-- 7
(a) an investigation about the pricing practices relating to the activity; 8
(b) investigations for monitoring the pricing practices relating to the 9
activity. 10
`(2) The authority must conduct the investigations. 11
`(3) The Ministers may, by written notice given to the authority, 12
withdraw or amend the reference at any time before receiving the authority's 13
report of the results of the investigation. 14
`(4) A notice under subsection (3) must state the reasons for the 15
withdrawal or amendment of the reference. 16
of Ministers for Ministerial reference 17
`Directions
`170ZB.(1) In referring a monopoly water supply activity to the authority 18
for an investigation, the Ministers may direct the authority to do any or all of 19
the following-- 20
(a) to make a draft report available to the public, or a stated entity, 21
during the investigation; 22
(b) to consider stated matters when conducting the investigation; 23
(c) to give a report of the results of the investigation to the Ministers 24
within a stated period. 25
`(2) The authority must comply with a direction. 26
s 39 48 s 39
Queensland Competition Authority
Amendment
of investigation 1
`Notice
`170ZC.(1) Before starting an investigation under this subdivision, the 2
authority must give reasonable notice of the investigation. 3
`(2) The notice must be published in a newspaper circulating throughout 4
the State. 5
`(3) Also, the notice must be given to the water supplier carrying on the 6
monopoly water supply activity. 7
`(4) The notice must-- 8
(a) state the authority's intention to conduct the investigation; and 9
(b) state the subject matter of the investigation; and 10
(c) invite interested persons to make written submissions to the 11
authority on the subject matter within a reasonable time stated in 12
the notice; and 13
(d) state the authority's address. 14
for investigations 15
`Procedures
`170ZD. Part 612 applies to an investigation under this subdivision. 16
of authority's jurisdiction for investigation 17
`Ending
`170ZE. The authority's jurisdiction to continue an investigation about a 18
monopoly water supply activity ends if-- 19
(a) the activity stops being a monopoly water supply activity; or 20
(b) the reference of the activity to the authority by the Ministers is 21
withdrawn. 22
pricing determination by authority 23
`Water
`170ZF.(1) The authority must make a written determination (a "water 24
12 Part 6 (Investigations by authority)
s 39 49 s 39
Queensland Competition Authority
Amendment
pricing determination") in an investigation about a monopoly water 1
supply activity. 2
`(2) However, the authority is not required to make a water pricing 3
determination in an investigation if its jurisdiction to continue the 4
investigation ends under section 170ZE. 5
`(3) The determination must-- 6
(a) deal with the pricing practices relating to the activity; and 7
(b) give the reasons for making the determination; and 8
(c) if the Ministers give the authority a direction for the 9
investigation--include details of the direction; and 10
(d) deal with any matter relating to the pricing practices that the 11
authority considers appropriate. 12
`(4) Before making a water pricing determination, the authority must give 13
a draft determination to the water supplier carrying on the activity. 14
`(5) Subject to subsection (4), the authority is not required to consult with 15
any entity before making a water pricing determination. 16
`(6) When making a water pricing determination, the authority must give 17
the water supplier carrying on the activity its reasons for making the 18
determination. 19
pricing determinations may state how to calculate price 20
`Water
`170ZG. Without limiting section 170ZF(3), a water pricing 21
determination may state how to calculate the price at which the water 22
supplier must carry on the monopoly water supply activity. 23
affecting making of water pricing determination 24
`Restrictions
`170ZH.(1) The authority must not make a water pricing determination 25
for a monopoly water supply activity that is inconsistent with-- 26
(a) a water supply determination relating to the activity; or 27
(b) an approved water supply undertaking for the activity; or 28
s 39 50 s 39
Queensland Competition Authority
Amendment
(c) if the activity is a declared service--an access determination 1
relating to the service; or 2
(d) if the activity is a service, whether or not a declared service--an 3
approved access undertaking for the service. 4
`(2) A water pricing determination has no effect if it is made in 5
contravention of this section. 6
to be considered by authority in making water pricing 7
`Matters
determination 8
`170ZI.(1) In making a water pricing determination, the authority must 9
have regard to the following matters-- 10
(a) the need for efficient resource allocation; 11
(b) the need to promote competition; 12
(c) the protection of consumers from abuses of monopoly power; 13
(d) decisions by the Ministers and local governments under part 3 14
about pricing practices of government monopoly business 15
activities involving the supply of water; 16
(e) the legitimate business interests of the water supplier carrying on 17
the monopoly water supply activity to which the investigation 18
relates; 19
(f) the legitimate business interests of persons who have, or may 20
acquire, rights to have the monopoly water supply activity 21
provided to them by the water supplier; 22
(g) in relation to the monopoly water supply activity-- 23
(i) the cost of providing the activity in an efficient way, having 24
regard to relevant interstate and international benchmarks; 25
and 26
(ii) the actual cost of providing the activity; and 27
(iii) the quality of the activities constituting the water supply 28
activity; and 29
(iv) the quality of the water being supplied; 30
s 39 51 s 39
Queensland Competition Authority
Amendment
(h) the appropriate rate of return on water suppliers' assets; 1
(i) the effect of inflation; 2
(j) the impact on the environment of prices charged by the water 3
supplier; 4
(k) considerations of demand management; 5
(l) social welfare and equity considerations, including community 6
service obligations, the availability of goods and services to 7
consumers and the social impact of pricing practices; 8
(m) the need for pricing practices not to discourage socially desirable 9
investment or innovation by water suppliers; 10
(n) legislation and government policies relating to ecologically 11
sustainable development; 12
(o) legislation and government policies relating to occupational health 13
and safety and industrial relations; 14
(p) economic and regional development issues, including 15
employment and investment growth. 16
`(2) The authority may have regard to any other matters related to the 17
matters mentioned in subsection (1) it considers are appropriate. 18
water pricing determination takes effect 19
`When
`170ZJ. A water pricing determination takes effect on-- 20
(a) the day the determination is made; or 21
(b) if a later day of effect is stated in the determination--the later day. 22
of water pricing determination 23
`Enforcement
`170ZK. A water pricing determination may be enforced in the way 24
provided under division 6.13 25
13 Division 6 (Enforcement for pt 5A)
s 39 52 s 39
Queensland Competition Authority
Amendment
suppliers' pricing practices 1
`Water
`170ZL. A water supplier carrying on a monopoly water supply activity 2
to which a water pricing determination relates must adopt pricing practices 3
consistent with the determination. 4
of water pricing determinations 5
`Register
`170ZM.(1) The authority must keep a register of water pricing 6
determinations. 7
`(2) For each determination, the register must include details of the 8
following-- 9
(a) the name of the water supplier carrying on the monopoly water 10
supply activity to which the determination relates; 11
(b) the monopoly water supply activity; 12
(c) the day the determination was made; 13
(d) the day the determination is to take, or took, effect; 14
(e) the authority's reasons for the determination. 15
`(3) The details of the authority's reasons for the determination must not 16
include details that are likely to damage the commercial activities of the 17
water supplier. 18
3--Water supply agreements 19
`Division
for div 3 20
`Definition
`170ZMA. In this division-- 21
"water supply activity" means carrying on a business the main purpose of 22
which is supplying water to another person (other than supplying 23
bottled or containerised water), whether or not supplying the water 24
includes water delivery services or water storage. 25
s 39 53 s 39
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Amendment
of private water supplier to negotiate 1
`Obligation
`170ZN. A water supplier must, if required by a water seeker, negotiate 2
with the water seeker for making a water supply agreement. 3
of parties to negotiations for water supply agreements 4
`Obligations
`170ZO. The water supplier and water seeker must negotiate in good 5
faith for reaching a water supply agreement. 6
of water supplier to satisfy water seeker's requirements 7
`Obligation
`170ZP(1). In negotiations between a water supplier and a water seeker 8
for a water supply agreement, the water supplier must make all reasonable 9
efforts to try to satisfy the reasonable requirements of the water seeker. 10
`(2) Without limiting subsection (1), and subject to any relevant approved 11
water supply undertaking, the water supplier must give the water seeker the 12
following-- 13
(a) information about the price at which the water supplier provides 14
the water supply activity, including the way in which the price is 15
calculated; 16
(b) information about the amount of spare water available for supply 17
by the water supplier; 18
(c) if the authority has made a water supply determination or a water 19
pricing determination about the water supply activity carried on by 20
the water supplier--information about the determination. 21
of supply under separate water supply agreements 22
`Terms
`170ZQ. In entering into separate water supply agreements, a water 23
supplier is not required to provide the water supply activity on the same 24
terms under each agreement. 25
s 39 54 s 39
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Amendment
`Division 4--Water supply disputes 1
1--Preliminary 2
`Subdivision
for div 4 3
`Definition
`170ZQA. In this division-- 4
"water supply activity" means carrying on a business the main purpose of 5
which is supplying water to another person (other than supplying 6
bottled or containerised water), whether or not supplying the water 7
includes water delivery services or water storage. 8
of dispute resolution procedures to water supply 9
`Application
disputes 10
`170ZR.(1) Subdivision 3 applies to the mediation, and subdivision 4 11
applies to the arbitration, of a water supply dispute only if a notice of the 12
dispute has been given to the authority by a water supplier or water seeker 13
under section 170ZS. 14
`(2) However, a water supplier or water seeker may give a notice under 15
section 170ZS about a water supply dispute only if the water supplier and 16
water seeker have not agreed to deal with the dispute otherwise than by 17
mediation or arbitration under this Act. 18
`Subdivision 2--Notices about water supply disputes 19
water supply dispute notice 20
`Giving
`170ZS.(1) This section applies if-- 21
(a) a water supplier and water seeker can not agree on an aspect of the 22
provision of a water supply activity; and 23
(b) there is no water supply agreement between the water supplier 24
and water seeker; and 25
s 39 55 s 39
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Amendment
(c) the water supplier is in a position to exercise market power for 1
providing the activity. 2
`(2) Either the water supplier or water seeker may notify the authority 3
that a water supply dispute exists. 4
`(3) For subsection (1), there is no water supply agreement between a 5
water supplier and water seeker if the aspect of providing the activity about 6
which the water supplier and water seeker can not agree is increased supply 7
of water. 8
about water supply dispute notice 9
`Requirements
`170ZT.(1) A notice given under section 170ZS(2) (a "water supply 10
dispute notice") must be in writing. 11
`(2) A water supply dispute notice must-- 12
(a) state the name and address of the water supplier or water seeker 13
giving the notice; and 14
(b) state the name and address of the other party involved in the water 15
supply dispute; and 16
(c) state the basis for asserting that the water supplier is in a position 17
to exercise market power for the provision of the water supply 18
activity; and 19
(d) state whether the dispute is to be dealt with by mediation or 20
arbitration; and 21
(e) state the steps the party giving the notice has taken, or tried to 22
take, to satisfy its obligations about carrying out negotiations for a 23
water supply agreement in good faith,14 including, if the dispute is 24
to be dealt with by arbitration, whether or not an attempt has been 25
made to resolve the dispute by mediation under subdivision 3. 26
by authority of water supply dispute 27
`Notice
`170ZU. On receiving a water supply dispute notice, the authority must 28
14 See section 170ZO (Obligations of parties to negotiations for water supply).
s 39 56 s 39
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Amendment
give written notice of the water supply dispute-- 1
(a) if the water supply dispute notice was given by a water 2
supplier--to the water seeker stated in the notice as being the 3
water seeker involved in the water supply dispute with the water 4
supplier; and 5
(b) if the water supply dispute notice was given by a water seeker--to 6
the water supplier stated in the notice as being the water supplier 7
involved in the water supply dispute with the water seeker; and 8
(c) to any other person the authority considers is appropriate to 9
become a party to the water supply dispute. 10
of water supply dispute notice 11
`Withdrawal
`170ZV.(1) A water supply dispute notice may be withdrawn only under 12
this section. 13
`(2) A water supplier or water seeker may withdraw a water supply 14
dispute notice-- 15
(a) if the dispute is to be dealt with by mediation--at any time before 16
a mediated resolution of the dispute has been achieved; or 17
(b) if the dispute is to be dealt with by arbitration--at any time before 18
the authority makes its determination. 19
`(3) However, the water supplier may withdraw the water supply dispute 20
notice only with the written agreement of the water seeker. 21
`(4) Subsection (2) applies whether the water supply dispute notice was 22
given by the water supplier or water seeker. 23
`(5) If a water supply dispute notice is withdrawn, the notice is taken, for 24
this part, never to have been given. 25
may refer water supply dispute to mediation 26
`Authority
`170ZW.(1) This section applies if-- 27
(a) the authority has received a water supply dispute notice stating-- 28
(i) the dispute is to be dealt with by arbitration; and 29
s 39 57 s 39
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Amendment
(ii) there has been no attempt to resolve the dispute by 1
mediation; and 2
(b) the authority considers a mediated resolution of the dispute can be 3
achieved. 4
`(2) The authority must give the following persons a written notice 5
asking them to attend a conference to deal with the dispute by mediation (a 6
"mediation conference")-- 7
(a) the water seeker stated in the water supply dispute notice as being 8
the water seeker involved in the water supply dispute with the 9
water supplier; 10
(b) the water supplier stated in the water supply dispute notice as 11
being the water supplier involved in the water supply dispute with 12
the water seeker. 13
`Subdivision 3--Mediation of water supply disputes 14
to mediation of water supply disputes 15
`Parties
`170ZX.(1) If section 170ZW applies, the parties to the mediation of a 16
water supply dispute are the persons to whom a notice under the section is 17
given by the authority. 18
`(2) If section 170ZW does not apply, the parties to the mediation of a 19
water supply dispute are-- 20
(a) the water supplier or water seeker who gives the water supply 21
dispute notice for the water supply dispute; and 22
(b) if the water supply dispute notice is given by a water 23
supplier--the water seeker stated in the notice as being the water 24
seeker involved in the water supply dispute with the water 25
supplier; and 26
(c) if the water supply dispute notice is given by a water seeker--the 27
water supplier stated in the notice as being the water supplier 28
involved in the water supply dispute with the water seeker. 29
s 39 58 s 39
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Amendment
persons may take part in mediation conference 1
`Other
`170ZY.(1) A mediator may allow a person who applies to take part in a 2
mediation conference to take part in the conference if-- 3
(a) the mediator is satisfied the person has a sufficient interest in the 4
resolution of the water supply dispute; and 5
(b) the parties to the mediation consent. 6
`(2) However, the person does not become a party to the dispute. 7
of mediation under subdiv 8
`Conduct
`170ZZ. Part 6A15 applies to a mediation under this subdivision. 9
agreements 10
`Mediation
`170ZZA.(1) This section applies if the parties to the mediation of a 11
water supply dispute agree on a resolution (a "mediated resolution") of the 12
dispute. 13
`(2) The agreement must be put into writing and signed by or for the 14
parties (the "mediation agreement"). 15
`(3) The mediator must give a copy of the signed agreement to the 16
authority as soon as practicable after it is signed. 17
of water supply dispute--by mediator 18
`Reference
`170ZZB.(1) This section applies if-- 19
(a) any of the following apply-- 20
(i) the mediator considers the parties to a mediation can not 21
achieve a mediated resolution of the water supply dispute the 22
subject of the mediation; 23
(ii) a party to the mediation does not attend the mediation 24
conference for the mediation; 25
15 Part 6A (Conduct of mediation)
s 39 59 s 39
Queensland Competition Authority
Amendment
(iii) the water supply dispute is not resolved within 4 months 1
after the water supply dispute notice for the dispute was 2
given to the authority; and 3
(b) the water supply dispute notice has not been withdrawn. 4
`(2) The mediator must, by written notice to the authority, refer the 5
dispute to the authority for arbitration. 6
of water supply dispute--by party 7
`Reference
`170ZZC. A party to the mediation of a water supply dispute may, by a 8
further water supply dispute notice, refer the dispute to the authority for 9
arbitration if-- 10
(a) a signed mediation agreement exists for the dispute; and 11
(b) the party claims that another party to the mediation agreement has 12
not complied with the agreement within the time stated for it or, if 13
no time is stated, within 90 days after the agreement is signed. 14
4--Arbitration of water supply disputes and making of 15
`Subdivision
water supply determinations 16
to arbitration of water supply disputes 17
`Parties
`170ZZD.(1) If the water supply dispute notice for a water supply 18
dispute states the dispute is to be dealt with by arbitration, the parties to the 19
arbitration of the dispute are-- 20
(a) the water supplier or water seeker who gives the water supply 21
dispute notice for the water supply dispute; and 22
(b) if the water supply dispute notice is given by a water 23
supplier--the water seeker stated in the notice as being the water 24
seeker involved in the water supply dispute with the water 25
supplier; and 26
(c) if the water supply dispute notice is given by a water seeker--the 27
water supplier stated in the notice as being the water supplier 28
involved in the water supply dispute with the water seeker; and 29
s 39 60 s 39
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Amendment
(d) any other person who applies to the authority in writing to be 1
made a party and is accepted by the authority as having a 2
sufficient interest. 3
`(2) If a water supply dispute is referred by a mediator to the authority for 4
arbitration under section 170ZZB, the parties to the arbitration of the dispute 5
are-- 6
(a) the parties to the mediation to which the dispute relates; and 7
(b) any other person who applies to the authority in writing to be 8
made a party and is accepted by the authority as having a 9
sufficient interest. 10
supply determination by authority 11
`Water
`170ZZE.(1) The authority must make a written determination (a "water 12
supply determination") in an arbitration of a water supply dispute. 13
`(2) However, the authority is not required to make a water supply 14
determination if it ends the arbitration under section 170ZZJ.16 15
`(3) The water supply determination may deal with any matter relating to 16
the provision of the water supply activity by the water supplier, including 17
matters that were not the basis for the water supply dispute notice for the 18
water supply dispute. 19
`(4) The authority is not required to make a water supply determination 20
that requires the water supplier to supply water to the water seeker. 21
`(5) Before making a water supply determination, the authority must give 22
a draft of the determination to the parties. 23
`(6) Subject to subsection (5), the authority is not required to consult with 24
any entity before making a water supply determination. 25
`(7) When making a water supply determination, the authority must give 26
the parties its reasons for making the determination. 27
`(8) The fact that a party to an arbitration did not engage in negotiations 28
16 Section 170ZZJ (Resolution of water supply dispute without arbitration or
determination)
s 39 61 s 39
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Amendment
for a water supply agreement in good faith does not affect-- 1
(a) an arbitration; or 2
(b) the making of a water supply determination, or a water supply 3
determination made, in the arbitration. 4
of water supply determinations 5
`Examples
`170ZZF. Without limiting section 170ZZE(3), a water supply 6
determination may-- 7
(a) require the water supplier to supply water to the water seeker; or 8
(b) require the water seeker to accept water from the water supplier; 9
or 10
(c) state the terms on which the water seeker is supplied with water 11
from the water supplier; or 12
(d) include a requirement that the water supplier and water seeker 13
enter into a water supply agreement to give effect to a matter 14
determined by the authority; or 15
(e) include a requirement that the water supplier charge no more than 16
a stated maximum price for the water supply activity it provides; 17
or 18
(f) include a requirement that the water supplier calculate the price for 19
the water supply activity it provides in a particular way. 20
affecting making of water supply determinations 21
`Restrictions
`170ZZG.(1) The authority must not make a water supply determination 22
relating to a water supply activity that is inconsistent with-- 23
(a) an approved water supply undertaking for the activity; or 24
(b) a water pricing determination for the activity; or 25
(c) if the activity is a declared service--an access determination 26
relating to the service; or 27
(d) if the activity is a service, whether or not a declared service--an 28
approved access undertaking for the service. 29
s 39 62 s 39
Queensland Competition Authority
Amendment
`(2) Also, the authority must not make a water supply determination 1
that-- 2
(a) would have either of the following effects-- 3
(i) a reduction in the amount of water able to be obtained by a 4
water supplier; 5
(ii) the water seeker, or someone else, becoming the owner, or 6
1 of the owners, of the water, without the existing owner's 7
agreement; or 8
(b) is inconsistent with an Act regulating the management of 9
water; or 10
(c) requires the transfer of an instrument given under an Act that-- 11
(i) regulates the management of water; or 12
(ii) confers interests in water on the holder of the instrument. 13
`(3) Despite subsection (2)(a), the authority may make a determination 14
reducing the amount of water able to be obtained by the water supplier if-- 15
(a) the water supplier is a party to the arbitration; and 16
(b) the reduction does not prevent the water supplier from obtaining a 17
sufficient amount of water to be able to meet the water supplier's 18
reasonably anticipated requirements, as assessed by the authority, 19
as at the time the water supply dispute notice was given; and 20
(c) if the authority considers the water supplier is entitled to be 21
compensated for the reduction--the amount of compensation is 22
taken into account in fixing the amount to be paid by the water 23
seeker for the supply of water. 24
`(4) A water supply determination has no effect if it is made in 25
contravention of this section. 26
to be considered by authority in making a water supply 27
`Matters
determination 28
`170ZZH.(1) In making a water supply determination, the authority 29
must have regard to the following matters-- 30
s 39 63 s 39
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Amendment
(a) the need for efficient resource allocation; 1
(b) the need to promote competition; 2
(c) the protection of consumers from abuses of monopoly power; 3
(d) decisions by the Ministers and local governments under part 3 4
about pricing practices of government monopoly business 5
activities involving the supply of water; 6
(e) the legitimate business interests of the water supplier; 7
(f) the legitimate business interests of persons who have, or may 8
acquire, rights to have a water supply activity provided to them by 9
the water supplier; 10
(g) in relation to the water supply activity-- 11
(i) the cost of providing the activity in an efficient way, having 12
regard to relevant interstate and international benchmarks; 13
and 14
(ii) the actual cost of providing the activity; and 15
(iii) the quality of the activities constituting the water supply 16
activity; and 17
(iv) the quality of the water being supplied; 18
(h) the appropriate rate of return on the assets of water suppliers; 19
(i) the effect of inflation; 20
(j) the impact on the environment of prices charged by the water 21
supplier; 22
(k) considerations of demand management; 23
(l) social welfare and equity considerations, including community 24
service obligations, the availability of goods and services to 25
consumers and the social impact of pricing practices; 26
(m) the need for pricing practices not to discourage socially desirable 27
investment or innovation by water suppliers; 28
(n) legislation and government policies relating to ecologically 29
sustainable development; 30
s 39 64 s 39
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Amendment
(o) legislation and government policies relating to occupational health 1
and safety and industrial relations; 2
(p) economic and regional development issues, including 3
employment and investment growth. 4
`(2) The authority may take into account any other matters relating to the 5
matters mentioned in subsection (1). 6
of arbitration under subdiv 7
`Conduct
`170ZZI. Part 717 applies to an arbitration under this subdivision. 8
of water supply dispute by authority without arbitration 9
`Resolution
or determination 10
`170ZZJ. The authority may decide not to start an arbitration, or at any 11
time to end an arbitration under this subdivision without making a water 12
supply determination, if it considers that-- 13
(a) the giving of the water supply dispute notice was vexatious; or 14
(b) the subject matter of the water supply dispute is trivial, 15
misconceived or lacking in substance; or 16
(c) the party who gave the dispute notice has not engaged in 17
negotiations for a water supply agreement in good faith; or 18
(d) the water supplier is not in a position to exercise market power. 19
water supply determination takes effect 20
`When
`170ZZK. A water supply determination takes effect on-- 21
(a) the day the determination is made; or 22
(b) if a later day of effect is stated in the determination--the later day. 23
17 Part 7 (Conduct of arbitration hearings by authority)
s 39 65 s 39
Queensland Competition Authority
Amendment
of water supply determination 1
`Enforcement
`170ZZL. A water supply determination may be enforced in the way 2
provided under division 6.18 3
of water supply determinations 4
`Register
`170ZZM.(1) The authority must keep a register of water supply 5
determinations. 6
`(2) The register must include, for each water supply determination, 7
details of the following-- 8
(a) the names of the parties to the determination; 9
(b) the water supply activity to which the determination relates; 10
(c) the date the determination was made; 11
(d) the date the determination is to take, or took, effect; 12
(e) the authority's reasons for the determination. 13
`(3) The details of the authority's reasons for the determination must not 14
include details that are likely to damage the commercial activities of the 15
parties to the determination. 16
supply determination not a substitute for seeking access to a 17
`Water
service 18
`170ZZN. A water supply determination requiring the supply of water 19
does not remove or change a water seeker's rights or obligations under 20
part 5, division 4.19 21
`Division 5--Water supply undertakings 22
1--Submission and approval of draft undertakings 23
`Subdivision
18 Division 6 (Enforcement for pt 5A)
19 Part 5 (Access to services), division 4 (Access agreements for declared services)
s 39 66 s 39
Queensland Competition Authority
Amendment
and approval of draft water supply undertaking 1
`Submission
`170ZZO.(1) A water supplier may give a draft water supply 2
undertaking to the authority. 3
`(2) A person who expects to be a water supplier may give a draft water 4
supply undertaking to the authority. 5
`(3) The authority must consider a draft water supply undertaking given 6
to it and either approve, or refuse to approve, it. 7
`(4) If the authority refuses to approve the draft undertaking, it must give 8
the person who gave the draft undertaking to the authority a written notice 9
stating-- 10
(a) the reasons for the refusal; and 11
(b) the way in which the authority considers it is appropriate to 12
amend the draft undertaking. 13
of water supply undertakings 14
`Contents
`170ZZP.(1) A water supply undertaking must state the expiry date of 15
the undertaking. 16
`(2) A water supply undertaking may include details of the following-- 17
(a) how prices for a water supply activity are to be calculated; 18
(b) information about the basis on which a water supply activity will 19
be provided, including terms to be included in water supply 20
agreements with water seekers; 21
(c) how negotiations for water supply agreements will be conducted; 22
(d) information to be given to water seekers; 23
(e) information to be given to the authority or another person; 24
(f) an obligation on the water supplier to comply with decisions of 25
the authority or another person about matters stated in the 26
undertaking; 27
(g) information to be given to the authority about compliance with the 28
undertaking and performance indicators stated in the undertaking; 29
s 39 67 s 39
Queensland Competition Authority
Amendment
(h) time frames for giving information in the conduct of negotiations 1
for water supply agreements; 2
(i) how the water supplier will calculate the amount of spare water 3
available for supply by the water supplier; 4
(j) arrangements for the transfer of all or part of the interest of a 5
person to whom a water supply activity is provided under a water 6
supply agreement; 7
(k) accounting requirements to be satisfied by the water supplier and 8
a person to whom a water supply activity is provided; 9
(l) provision of water supply activities by water suppliers other than 10
the water supplier giving the undertaking; 11
(m) requirements for the safe provision of a water supply activity; 12
(n) if the provision of water supply activity by the water supplier is a 13
service for which an access undertaking has been approved under 14
part 5--the access undertaking; 15
(o) a review of the undertaking. 16
affecting approval of draft water supply undertaking 17
`Factors
`170ZZQ.(1) The authority may approve a draft water supply 18
undertaking only if it considers it appropriate to do so having regard to the 19
following-- 20
(a) the legitimate business interests of the water supplier giving the 21
undertaking; 22
(b) the public interest, including the public interest in having 23
competition in markets, whether or not in Australia; 24
(c) the interests of water seekers; 25
(d) any other issues the authority considers relevant. 26
`(2) However, the authority may approve a draft water supply 27
undertaking only if-- 28
(a) it is satisfied the undertaking is consistent with the following-- 29
(i) for a water supply activity that is a declared service--an 30
s 39 68 s 39
Queensland Competition Authority
Amendment
access determination relating to the service; 1
(ii) for a water supply activity that is a service, whether or not it 2
is a declared service--an approved access undertaking for 3
the service; and 4
(b) it has published the undertaking and invited persons to make 5
submissions on it to the authority within the time stated by the 6
authority; and 7
(c) it has considered any submissions received by it within the time. 8
`Subdivision 2--Preparation and approval of draft amending water 9
supply undertakings 10
of responsible person to give draft amending water 11
`Requirement
supply undertaking 12
`170ZZR.(1) The authority may, by written notice (an "initial 13
amendment notice") given to the responsible person for an approved water 14
supply undertaking relating to a water supply activity, require the person to 15
give the authority a draft undertaking amending the approved undertaking-- 16
(a) within 30 days after receiving the notice; or 17
(b) if the authority extends, or further extends, the period by written 18
notice given to the person in the period or extended 19
period--within the period as extended. 20
`(2) The authority may make a requirement under subsection (1) only if 21
the authority considers it is necessary to amend the approved undertaking to 22
make the undertaking consistent with a provision of this Act. 23
and approval of draft amending water supply 24
`Consideration
undertaking by authority 25
`170ZZS.(1) The authority must consider a draft water supply 26
undertaking given to it in response to an initial amendment notice and either 27
approve, or refuse to approve, the draft water supply undertaking within the 28
prescribed period. 29
s 39 69 s 39
Queensland Competition Authority
Amendment
`(2) If the authority refuses to approve the draft water supply 1
undertaking, it must, within the prescribed period, give the responsible 2
person a written notice (a "secondary amendment notice") stating the 3
reasons for the refusal and asking the person, within 30 days of receiving 4
the notice-- 5
(a) to amend the draft water supply undertaking in the way the 6
authority considers appropriate; and 7
(b) to give a copy of the amended draft water supply undertaking to 8
the authority. 9
`(3) If the responsible person complies with the secondary amendment 10
notice, the authority may approve the draft water supply undertaking. 11
`(4) In this section-- 12
"prescribed period" means-- 13
(a) the period of 30 days after the authority receives a draft water 14
supply undertaking in response to an initial amendment notice; or 15
(b) if the authority extends, or further extends, the period by written 16
notice given to the responsible person in the period or extended 17
period--the period as extended. 18
and approval of draft amending water supply 19
`Preparation
undertaking by authority 20
`170ZZT. If the responsible person for an approved water supply 21
undertaking does not comply with an initial or secondary amendment 22
notice, the authority may prepare, and approve, a draft water supply 23
undertaking amending the approved water supply undertaking. 24
and approval of voluntary draft amending undertaking 25
`Submission
`170ZZU.(1) The responsible person for an approved water supply 26
undertaking may, without receiving an initial amendment notice, give to the 27
authority a draft water supply undertaking amending the approved water 28
supply undertaking. 29
`(2) The authority must consider a draft water supply undertaking given 30
s 39 70 s 39
Queensland Competition Authority
Amendment
to it under subsection (1) and either approve, or refuse to approve, the draft 1
water supply undertaking. 2
`(3) If the authority refuses to approve the draft water supply 3
undertaking, it must give to the responsible person a written notice stating-- 4
(a) the reasons for the refusal; and 5
(b) the way in which the authority considers it is appropriate to 6
amend the draft water supply undertaking. 7
`(4) In this section-- 8
"responsible person for an approved water supply undertaking" 9
includes a person who gave the water supply undertaking because the 10
person expects to be the water supplier carrying on the water supply 11
activity to which the water supply undertaking relates. 12
affecting approval of draft amending water supply 13
`Factors
undertaking 14
`170ZZV.(1) This section applies to the following draft water supply 15
undertakings amending approved water supply undertakings-- 16
(a) a draft water supply undertaking given to the authority in response 17
to an initial amendment notice, whether or not the draft water 18
supply undertaking is later amended in response to a secondary 19
amendment notice; 20
(b) a draft water supply undertaking prepared by the authority 21
because of the failure of a responsible person to comply with an 22
initial or secondary amendment notice; 23
(c) a draft water supply undertaking given to the authority by a 24
responsible person without receiving an initial amendment notice. 25
`(2) The authority may approve a draft water supply undertaking only if it 26
considers it appropriate to do so having regard to the matters mentioned in 27
section 170ZZQ(1)(a) to (d).20 28
20 Section 170ZZQ (Factors affecting approval of draft water supply undertaking)
s 39 71 s 39
Queensland Competition Authority
Amendment
`(3) However, the authority may approve a draft water supply 1
undertaking only on the conditions mentioned in section 170ZZQ(2). 2
`Subdivision 3--Investigations about draft water supply undertakings 3
of subdivision 4
`Application
`170ZZW. This subdivision applies to the following draft water supply 5
undertakings-- 6
(a) a draft water supply undertaking given to the authority under 7
section 170ZZO;21 8
(b) a draft water supply undertaking given to the authority in response 9
to an initial amendment notice; 10
(c) a draft water supply undertaking amending an approved water 11
supply undertaking given to the authority under section 170ZZU; 12
(d) a draft water supply undertaking prepared by the authority 13
because of the failure of a person to comply with an initial or 14
secondary amendment notice. 15
of authority to conduct investigation 16
`Power
`170ZZX. The authority may conduct an investigation-- 17
(a) for deciding whether to approve, or to refuse to approve, a draft 18
water supply undertaking mentioned in section 170ZZW(a), (b) 19
or (c); or 20
(b) for preparing or approving a draft water supply undertaking 21
mentioned in section 170ZZW(d). 22
of investigation 23
`Notice
`170ZZY.(1) Before starting an investigation under this subdivision, the 24
authority must give reasonable notice of the investigation to-- 25
21 Section 170ZZO (Submission and approval of draft water supply undertaking)
s 39 72 s 39
Queensland Competition Authority
Amendment
(a) the water supplier carrying on the water supply activity; and 1
(b) any other person the authority considers appropriate. 2
`(2) The notice must-- 3
(a) state the authority's intention to conduct the investigation; and 4
(b) state the subject matter of the investigation; and 5
(c) invite the person to whom the notice is given to make written 6
submissions to the authority on the subject matter within a 7
reasonable time stated in the notice; and 8
(d) state the authority's address. 9
for investigation 10
`Procedures
`170ZZZ. Part 622 applies to an investigation under this subdivision. 11
4--Other matters about water supply undertakings 12
`Subdivision
of approved water supply undertaking 13
`Withdrawal
`170ZZZA.(1) An approved water supply undertaking may be 14
withdrawn at any time by the person who gave the relevant draft water 15
supply undertaking to the authority. 16
`(2) The authority may withdraw an approved water supply undertaking 17
if it prepared the relevant draft water supply undertaking. 18
`(3) However, a withdrawal may be made only with the written 19
agreement of-- 20
(a) for a withdrawal under subsection (1)--the authority; or 21
(b) for a withdrawal under subsection (2)--the responsible person. 22
22 Part 6 (Investigations by authority)
s 39 73 s 39
Queensland Competition Authority
Amendment
of operation of approved water supply undertaking 1
`Period
`170ZZZB. An approved water supply undertaking-- 2
(a) comes into operation at the time of approval; and 3
(b) continues in operation until the earlier of the following-- 4
(i) the expiry date stated in the water supply undertaking; 5
(ii) the withdrawal of the water supply undertaking. 6
of approved water supply undertakings 7
`Register
`170ZZZC.(1) The authority must keep a register of approved water 8
supply undertakings in operation. 9
`(2) The withdrawal of an approved water supply undertaking must be 10
noted in the register. 11
of responsible person to comply with water supply 12
`Obligation
undertaking 13
`170ZZZD. A responsible person must comply with an approved water 14
supply undertaking given by, or otherwise applicable to, the responsible 15
person. 16
`Division 6--Enforcement for pt 5A 17
to person involved in contraventions 18
`References
`170ZZZE. In this division, a reference to a person involved in a 19
contravention is a reference to a person who-- 20
(a) has aided, abetted, counselled or procured the contravention; or 21
(b) has induced the contravention, whether through threats, promises 22
or in another way; or 23
(c) has been in any way, directly or indirectly, knowingly concerned 24
in, or a party to, the contravention; or 25
(d) has conspired with others to effect the contravention. 26
s 39 74 s 39
Queensland Competition Authority
Amendment
to enforce water supply and pricing determinations 1
`Orders
`170ZZZF.(1) This section applies if-- 2
(a) on the application of a party to a water supply determination, the 3
court is satisfied that another party (the "contravening person"), 4
has engaged, is engaging, or proposes to engage, in conduct 5
constituting a contravention of the determination; or 6
(b) on the application of a person other than a party to a water supply 7
determination, the court is satisfied that a water supplier (also the 8
"contravening person") is engaging, or proposes to engage, in 9
conduct constituting a contravention of a water pricing 10
determination. 11
`(2) The court may make all or any of the following orders-- 12
(a) an order granting an injunction, on terms the court considers 13
appropriate-- 14
(i) restraining a contravening person from engaging in the 15
conduct; or 16
(ii) if the conduct involves failing to do something--requiring a 17
contravening person to do the thing; 18
(b) an order directing a contravening person to compensate the 19
applicant for loss or damage suffered because of the 20
contravention; 21
(c) another order the court considers appropriate. 22
`(3) If the court has power under subsection (2) to grant an injunction 23
restraining a contravening person from engaging in particular conduct, or 24
requiring a contravening person to do anything, the court may make any 25
other order, including granting an injunction, it considers appropriate against 26
any other person involved in the contravention concerned. 27
injunctions 28
`Consent
`170ZZZG. On application for an enforcement injunction, the court may 29
grant the injunction by consent of all of the parties to the proceeding, 30
whether or not the court is satisfied that the section under which the 31
application is made applies. 32
s 39 75 s 39
Queensland Competition Authority
Amendment
injunctions 1
`Interim
`170ZZZH.(1) The court may grant an interim injunction pending 2
determination of an application for an enforcement injunction. 3
`(2) If the application is made by the authority, the court must not require 4
the authority or another person, as a condition of granting an interim 5
injunction, to give an undertaking as to damages. 6
relevant to granting restraining injunction 7
`Factors
`170ZZZI. The court may grant an enforcement injunction restraining a 8
person from engaging in conduct whether or not-- 9
(a) it appears to the court that the person intends to engage again, or 10
to continue to engage, in conduct of that kind; or 11
(b) the person has previously engaged in conduct of that kind; or 12
(c) there is an imminent danger of substantial damage to someone 13
else if the person engages in conduct of that kind. 14
relevant to granting mandatory injunction 15
`Factors
`170ZZZJ. The court may grant an enforcement injunction requiring a 16
person to do a thing whether or not-- 17
(a) it appears to the court that the person intends to fail again, or to 18
continue to fail, to do the thing; or 19
(b) the person has previously failed to do the thing; or 20
(c) there is an imminent danger of substantial damage to someone 21
else if the person fails to do the thing. 22
or variation of injunction or order 23
`Discharge
`170ZZZK. The court may discharge or vary an injunction or order 24
granted under this division. 25
s 40 76 s 40
Queensland Competition Authority
Amendment
to enforce approved water supply undertaking 1
`Orders
`170ZZZL.(1) The authority or another person may apply to the court 2
for an order under this section concerning an approved water supply 3
undertaking. 4
`(2) An application may be made only if-- 5
(a) the applicant considers the responsible person for the undertaking 6
has breached a term of the undertaking; and 7
(b) the applicant considers-- 8
(i) for an application made by the authority--a person's 9
interests have been adversely affected by the breach; or 10
(ii) for an application made by someone else--the applicant's 11
interests have been adversely affected by the breach. 12
`(3) If the court is satisfied the responsible person has breached a term of 13
the undertaking, the court may make all or any of the following orders-- 14
(a) an order directing the responsible person to comply with the term; 15
(b) an order directing the responsible person to compensate anyone 16
who has suffered loss or damage because of the breach; 17
(c) another order the court considers appropriate. 18
`(4) However, the court may make an order only if it is satisfied-- 19
(a) for an application made by the authority--a person's interests 20
have been adversely affected by the breach; or 21
(b) for an application made by someone else--the applicant's 22
interests have been adversely affected by the breach.'. 23
of s 171 (Application of part) 24
Amendment
Clause 40. Section 171(e)-- 25
omit, insert-- 26
`(e) an investigation for part 5, division 7, subdivision 3; 27
(f) an investigation for part 5A, division 2, subdivision 3; 28
(g) an investigation for part 5A, division 2, subdivision 5; 29
s 41 77 s 42
Queensland Competition Authority
Amendment
(h) an investigation for part 5A, division 2, subdivision 7; 1
(i) an investigation for part 5A, division 5, subdivision 3.23'. 2
of s 176 (Notice of hearings) 3
Amendment
Clause 41.(1) Section 176(3)(c), before `undertaking'-- 4
insert-- 5
`access'. 6
(2) Section 176(3)-- 7
insert-- 8
`(d) for an investigation under part 5A 24--the water supplier carrying 9
on the water supply activity to which the investigation relates, or 10
to which the undertaking the subject of the investigation relates.'. 11
of new pt 6A 12
Insertion
Clause 42. After section 187-- 13
insert-- 14
23 Part 3 (Pricing practices relating to government monopoly business activities),
division 3 (Investigations about government monopoly business activities)
Part 4 (Competitive neutrality and significant business activities), division 3
(Investigation of complaints)
Part 5 (Access to services), division 2 (Ministerial declarations), subdivision 3
(Investigations about candidate services) and subdivision 5 (Revocation of
declaration)
Part 5 (Access to services), division 7 (Access undertakings for declared and
non-declared services), subdivision 3 (Investigations about draft undertakings)
Part 5A (Pricing and supply of water), division 2 (Declarations, and
investigations, of monopoly water supply activities), subdivision 3
(Investigations about candidate water supply activities), subdivision 5
(Revocation of declaration) and subdivision 7 (Investigations about monopoly
water supply activities and making water pricing determinations)
Part 5A (Pricing and supply of water), division 5 (Water supply undertakings),
subdivision 3 (Investigations about draft undertakings)
24 Part 5A (Pricing and supply of water)
s 42 78 s 42
Queensland Competition Authority
Amendment
`PART 6A--CONDUCT OF MEDIATION 1
`Division 1--Preliminary 2
of part 3
`Application
`187A. This part applies to the following-- 4
(a) the mediation of an access dispute for part 5, division 5, 5
subdivision 2A; 6
(b) the mediation of a water supply dispute for part 5A, division 4, 7
subdivision 3.25 8
2--Constitution of mediator for mediation conferences 9
`Division
of mediator 10
`Constitution
`187B.(1) For a mediation, the mediator is to be constituted by 1 or more 11
appropriately qualified persons nominated in writing by the chairperson. 12
`(2) If an associate member is appointed for the mediation, the person 13
nominated, or 1 of the persons nominated, by the chairperson must be the 14
associate member. 15
`(3) In this section-- 16
"appropriately qualified" includes having the qualifications, experience or 17
standing appropriate to exercise the power. 18
person 19
`Presiding
`187C.(1) If the mediator for a mediation is constituted by 1 person, the 20
person is to preside at the mediation. 21
25 Part 5 (Access to services), division 5 (Access disputes about declared
services), subdivision 2A (Mediation of access disputes)
Part 5A (Pricing and supply of water), division 4 (Water supply disputes),
subdivision 3 (Mediation of water supply disputes)
s 42 79 s 42
Queensland Competition Authority
Amendment
`(2) If the mediator for a mediation is constituted by more than 1 person 1
and includes the chairperson, the chairperson is to preside at the mediation. 2
`(3) If the mediator for a mediation is constituted by more than 1 person 3
but does not include the chairperson, the chairperson must nominate a 4
person to preside at the mediation. 5
of mediator 6
`Reconstitution
`187D.(1) This section applies if the person who constitutes, or 1 of the 7
persons who constitutes, the mediator for a mediation-- 8
(a) stops being a member of the authority; or 9
(b) for any reason, is not available for the mediation conference. 10
`(2) For finishing the mediation, the chairperson must direct that the 11
mediator is to be constituted by-- 12
(a) if the mediator is constituted by 1 person--by another person 13
directed by the chairperson; or 14
(b) if the mediator is constituted by more than 1 person--by the 15
remaining person or persons. 16
`(3) If a direction is given under subsection (2), the mediator as 17
constituted under the direction-- 18
(a) must continue and finish the mediation; and 19
(b) for that purpose, may have regard to any notes of the mediation 20
conference made by the mediator as previously constituted. 21
`(4) In subsection (1), a reference to the person who constitutes, or is 1 of 22
the persons who constitutes, the mediator for a mediation includes a 23
reference to the person who constitutes, or is 1 of the persons who 24
constitutes, a mediator for that purpose because of the application on 1 or 25
more occasions of subsection (2). 26
questions 27
`Deciding
`187E. If the mediator is constituted for a mediation by more than 28
1 person, any question before the mediator is to be decided-- 29
s 42 80 s 42
Queensland Competition Authority
Amendment
(a) if paragraph (b) does not apply--according to the opinion of the 1
majority of those persons; or 2
(b) if the persons are evenly divided on the question--according to 3
the opinion of the person presiding. 4
3--General conduct of mediation conferences 5
`Division
to be in private 6
`Conference
`187F.(1) A mediation conference must be held in private. 7
`(2) However, the mediator may give written directions about the persons 8
who may be present at the conference. 9
`(3) In giving a direction, the mediator must have regard to the wishes of 10
the parties and the need for commercial confidentiality. 11
`(4) A person must not be present at a mediation conference in 12
contravention of a direction under subsection (2). 13
Maximum penalty for subsection (4)--1 000 penalty units or 1 year's 14
imprisonment. 15
right to representation 16
`Limited
`187G.(1) At a mediation conference, each party to the dispute must 17
conduct the party's own case. 18
`(2) However, a party may be represented by someone else if-- 19
(a) the party is a corporation; or 20
(b) the mediator is satisfied the party should be permitted to be 21
represented by someone else. 22
procedures 23
`General
`187H.(1) In a mediation conference, the mediator-- 24
(a) must act with as little formality as possible; and 25
s 42 81 s 42
Queensland Competition Authority
Amendment
(b) is not bound by technicalities, legal forms or rules of evidence; 1
and 2
(c) may inform himself, herself or themselves on any matter relevant 3
to the mediation in any way the mediator considers appropriate; 4
and 5
(d) must comply with natural justice. 6
`(2) For subsection (1)(c), the mediator may consult with persons as the 7
mediator considers appropriate. 8
attendance at conference not compellable 9
`Parties'
`187I. A party to a mediation can not be compelled to attend a mediation 10
conference. 11
official record of mediation conference 12
`No
`187J.(1) A person must not make an official record of anything said at a 13
mediation conference. 14
Maximum penalty--40 penalty units. 15
`(2) A mediator does not commit an offence against subsection (1) 16
merely by making notes of the mediation conference. 17
4--Other matters 18
`Division
information 19
`Confidential
`187K.(1) This section applies if a person believes that-- 20
(a) stated information made available, or to be made available, in a 21
mediation conference is confidential; and 22
(b) the disclosure of the information is likely to damage the person's 23
commercial activities. 24
`(2) The person may-- 25
(a) inform the mediator of the person's belief; and 26
s 43 82 s 43
Queensland Competition Authority
Amendment
(b) ask the mediator not to disclose the information to another person. 1
`(3) If the mediator is satisfied the person's belief is justified and 2
disclosure of the information would not be in the public interest, the 3
mediator must take all reasonable steps to ensure the information is not, 4
without the person's consent, disclosed to another person other than an 5
official person. 6
`(4) In this section-- 7
"commercial activities" means activities conducted on a commercial basis. 8
"official person" means-- 9
(a) the Ministers; or 10
(b) if the mediation involves a government agency--the responsible 11
Minister for the government agency; or 12
(c) a member; or 13
(d) an employee, consultant or agent of the authority who receives the 14
information in the course of his or her duties. 15
"person" includes a government agency.'. 16
of s 188 (Application of part) 17
Replacement
Clause 43. Section 188-- 18
omit, insert-- 19
of part 20
`Application
`188. This part applies to the following arbitrations-- 21
(a) the arbitration of an access dispute conducted by the authority for 22
part 5, division 5, subdivision 3; 23
s 44 83 s 46
Queensland Competition Authority
Amendment
(b) the arbitration of a water supply dispute conducted by the 1
authority for part 5A, division 4, subdivision 4.26 2
of arbitration of access and water supply disputes 3
`Consolidation
`188A. The arbitration of an access dispute and a water supply dispute 4
may be consolidated by the authority if-- 5
(a) the owner of the service the subject of the access dispute is the 6
same person as the water supplier carrying on the water supply 7
activity to which the water supply dispute relates; and 8
(b) the access seeker for the service is the same person as the water 9
seeker who is party to the water supply dispute.'. 10
of s 196 (General procedures) 11
Amendment
Clause 44. Section 196(3)(a), `an access dispute'-- 12
omit, insert-- 13
`a dispute'. 14
of s 197 (Particular powers of authority) 15
Amendment
Clause 45. Section 197(f), `access'-- 16
omit. 17
of new pt 8, div 3A 18
Insertion
Clause 46. Part 8, after section 227-- 19
insert-- 20
26 Part 5 (Access to services), division 5 (Access disputes about declared
services), subdivision 3 (Arbitration of access disputes and making of access
determinations)
Part 5A (Pricing and supply of water), division 4 (Water supply disputes),
subdivision 4 (Arbitration of water supply disputes and making of water supply
determinations)
s 47 84 s 48
Queensland Competition Authority
Amendment
3A--Registers 1
`Division
registers 2
`Keeping
`227A. For each register to be kept by the authority under this Act, the 3
authority may keep the register in the way it considers appropriate. 4
of registers for inspection 5
`Availability
`227B. The authority must keep each register open for inspection by 6
members of the public during office hours on business days at-- 7
(a) the authority's head office; and 8
(b) other places the authority considers appropriate. 9
of registers 10
`Inspection
`227C. On payment of the fee prescribed under a regulation, the authority 11
must-- 12
(a) permit a person to inspect a register; or 13
(b) give a person a copy of a register, or a part of it.'. 14
of new s 244A 15
Insertion
Clause 47. After section 244-- 16
insert-- 17
of forms 18
`Approval
`244A. The authority may approve forms for use under this Act.'. 19
of sch (Dictionary) 20
Amendment
Clause 48.(1) Schedule, definitions "competitive advantage", "declaration", 21
"declaration recommendation", "determination", "dispute notice", 22
"enforcement injunction", "government", "government agency", 23
"government business activity", "initial amendment notice", "party", 24
s 48 85 s 48
Queensland Competition Authority
Amendment
"register", "responsible person", "secondary amendment notice" and 1
"undertaking"-- 2
omit. 3
(2) Schedule-- 4
insert-- 5
` "access determination" see section 117(1). 6
"access dispute notice" see section 113(1). 7
"access undertaking" , for a service, means a written undertaking that sets 8
out details of the terms on which an owner of the service undertakes to 9
provide access to the service whether or not it sets out other 10
information about the provision of access to the service. 11
"approved access undertaking" means an access undertaking approved 12
by the authority under part 5, and includes the access undertaking as 13
amended with the authority's approval. 14
"approved water supply undertaking" means a water supply 15
undertaking approved by the authority under part 5A, and includes the 16
water supply undertaking as amended with the authority's approval. 17
"candidate water supply activity" means a water supply activity that is-- 18
(a) carried on by a water supplier; and 19
(b) declared under a regulation to be a candidate water supply activity. 20
"declaration" means-- 21
(a) for part 5--a Ministerial declaration or regulation-based 22
declaration; or 23
(b) for part 5A--a declaration of a monopoly water supply activity. 24
"declaration of a monopoly water supply activity" means a declaration 25
of a candidate water supply activity to be a monopoly water supply 26
activity made by the Ministers under part 5A, division 2. 27
"declaration recommendation" means-- 28
(a) for part 5--a recommendation made by the authority under 29
section 79; or 30
s 48 86 s 48
Queensland Competition Authority
Amendment
(b) for part 5A--a recommendation made by the authority under 1
section 170I. 2
"dispute notice" means an access dispute notice or a water supply dispute 3
notice. 4
"enforcement injunction" means-- 5
(a) for part 5--an injunction under section 152 or 153; or 6
(b) for part 5A--an injunction under section 170ZZZF. 7
"government" means-- 8
(a) for part 3-- 9
(i) the government of the State; or 10
(ii) a local government; or 11
(b) other than for part 3--the government of the State. 12
"government agency" means-- 13
(a) for part 3-- 14
(i) a government agency under paragraph (b); or 15
(ii) a local government entity; or 16
(b) other than for part 3-- 17
(i) a government company or part of a government company; 18
or 19
(ii) a State instrumentality, agency, authority or entity, or a 20
division, branch or other part of a State instrumentality, 21
agency, authority or entity; or 22
(iii) a department or a division, branch or other part of a 23
department; or 24
(iv) a government owned corporation. 25
"government business activity" means-- 26
(a) for a government agency other than a local government entity--a 27
business activity carried on by the government agency; or 28
s 48 87 s 48
Queensland Competition Authority
Amendment
(b) for a government agency that is a local government entity--a 1
significant business activity carried on by the government agency. 2
"initial amendment notice"-- 3
(a) for part 5--see section 139; or 4
(b) for part 5A--see section 170ZZR. 5
"local government entity" means-- 6
(a) a local government or part of a local government; or 7
(b) a local government owned corporation. 8
"local government Minister" means the Minister administering the Local 9
Government Act 1993. 10
"local government owned corporation" means a local government owned 11
corporation under the Local Government Act 1993, chapter 8, part 7.27 12
"mediated resolution"-- 13
(a) of an access dispute--see section 115E(1); or 14
(b) of a water supply dispute--see section 170ZZA(1). 15
"mediation agreement"-- 16
(a) for part 5, division 5, subdivision 2A--see section 115E(2); or 17
(b) for part 5A, division 4, subdivision 3--see section 170ZZA(2). 18
"mediation conference"-- 19
(a) for part 5, division 5, subdivision 2--see section 115A(2); or 20
(b) for part 5A, division 3, subdivision 3, subdivision 2--see 21
section 170ZW(2). 22
"mediator", for a mediation, means 1 or more persons constituted as a 23
mediator under part 6A, division 2. 24
"monopoly water supply activity" means a candidate water supply 25
activity declared by the Ministers, under section 170N, to be a 26
monopoly water supply activity. 27
27 Chapter 8 (National competition reform of significant business activities), part 7
(Local government owned corporations)
s 48 88 s 48
Queensland Competition Authority
Amendment
"party" means-- 1
(a) for the mediation of an access or water supply dispute--a party to 2
the mediation;28 or 3
(b) for the arbitration of an access or water supply dispute--a party to 4
the arbitration;29 or 5
(c) for an access determination--a party to the arbitration in which 6
the authority made the access determination; or 7
(d) for a water supply determination--a party to the arbitration in 8
which the authority made the water supply determination. 9
"register" means any of the following registers kept by the authority-- 10
(a) the register of recommendations and Ministerial decisions relating 11
to government monopoly business activities involving the supply 12
of water; 13
(b) the register of recommendations and Ministerial decisions relating 14
to government monopoly business activities that are significant 15
business activities involving the supply of water; 16
(c) the register of Ministerial declarations under part 5; 17
(d) the register of access determinations; 18
(e) the register of approved access undertakings; 19
(f) the register of conduct notices under the Electricity Act 1994, 20
section 120S;30 21
(g) the register of declarations of monopoly water supply activities; 22
(h) the register of water pricing determinations; 23
28 The issue of who is a party in the mediation of an access dispute is dealt with in
section 115B (Parties to mediation of access disputes). The issue of who is a
party in the mediation of a water supply dispute is dealt with in section 170ZX
(Parties to mediation of water supply disputes).
29 The issue of who is a party in the arbitration of an access dispute is dealt with in
section 116 (Parties to arbitration of access disputes). The issue of who is a party
in the arbitration of a water supply dispute is dealt with in section 170ZZD
(Parties to arbitration of water supply disputes).
30 Section 120S (Register of conduct notices)
s 48 89 s 48
Queensland Competition Authority
Amendment
(i) the register of water supply determinations; 1
(j) the register of approved water supply undertakings. 2
"responsible local government", for a local government entity, means-- 3
(a) for a local government entity that is a local government or part of 4
a local government--the local government; or 5
(b) for a local government entity that is a local government owned 6
corporation-- 7
(i) if a local government holds all the shares in the local 8
government owned corporation--the local government; or 9
(ii) if 2 or more local governments hold shares in the local 10
government owned corporation--the local governments. 11
"responsible person" means-- 12
(a) for an approved access undertaking--the person to whom the 13
undertaking applies as an owner of the relevant service; or 14
(b) for an approved water supply undertaking--the person to whom 15
the undertaking applies as a water supplier carrying on the 16
relevant water supply activity. 17
"revocation recommendation" means-- 18
(a) for part 5--a recommendation made by the authority under 19
section 88; or 20
(b) for part 5A--a recommendation made by the authority under 21
section 170R. 22
"secondary amendment notice"-- 23
(a) for part 5--see section 140(2); or 24
(b) for part 5A--see section 170ZZS(2). 25
"significant business activity" means-- 26
(a) for part 3--a significant business activity of a local government 27
s 48 90 s 48
Queensland Competition Authority
Amendment
under the Local Government Act 1993, section 545;31 or 1
(b) for part 4--see section 39(1). 2
"water pricing determination" see section 170ZF(1). 3
"water seeker" means a person seeking water from a water supplier. 4
"water supplier" means-- 5
(a) an entity, other than the State, that-- 6
(i) carries on, or negotiates to carry on, a water supply activity; 7
and 8
(ii) is not owned, whether legally or beneficially and whether 9
entirely or in part, by the State or a local government; or 10
(b) SEQ Water Corporation Limited ACN 088 729 766. 11
"water supply activity" means-- 12
(a) for part 5A, division 3--see section 170ZMA; or 13
(b) for part 5A, division 4--see section 170ZQA; or 14
(c) other than for part 5A, divisions 3 and 4--carrying on a business, 15
the main purpose of which is-- 16
(i) water storage, including water storage for another person; or 17
(ii) water delivery services; or 18
(iii) supplying water to another person, other than supplying 19
bottled or containerised water. 20
"water supply agreement" means an agreement between a water seeker 21
and water supplier for the water supplier to provide water supply 22
activities to the water seeker. 23
"water supply criteria" see section 170C. 24
"water supply determination" see section 170ZZE(1). 25
"water supply dispute notice" see section 170ZT(1). 26
31 See section 545 (Definitions for ch 8). Under section 545, "significant business
activity" is defined by a combination of definitions to effectively refer to the
provision of specified services by specified local governments.
s 48 91 s 48
Queensland Competition Authority
Amendment
"water supply undertaking", for a water supply activity, means a written 1
undertaking that sets out details of the terms on which a water supplier 2
undertakes to provide a water supply activity to water seekers whether 3
or not it sets out other information about carrying on the activity.'. 4
(3) Schedule, definition "goods", paragraph (c)-- 5
omit, insert-- 6
`(c) water, including treated and waste water; and'. 7
(4) Schedule, definition "investigation notice", paragraphs (c), (d) and 8
(e)-- 9
omit, insert-- 10
`(c) for an investigation under part 5, division 2, subdivision 3--a 11
notice of the investigation given under section 82; or 12
(d) for an investigation under part 5, division 2, subdivision 5--a 13
notice of the investigation given under section 90; or 14
(e) for an investigation under part 5, division 7, subdivision 3--a 15
notice of the investigation given under section 146; or 16
(f) for an investigation under part 5A, division 2, subdivision 3--a 17
notice of the investigation given under section 170L; or 18
(g) for an investigation under part 5A, division 2, subdivision 5--a 19
notice of the investigation given under section 170T; or 20
(h) for an investigation under part 5A, division 2, subdivision 7--a 21
notice of the investigation given under section 170ZC; or 22
s 48 92 s 48
Queensland Competition Authority
Amendment
(i) for an investigation under part 5A, division 5, subdivision 332--a 1
notice of the investigation given under section 170ZZY.'. 2
(5) Schedule, definition "member"-- 3
insert-- 4
`(ba)for a particular mediation--an associate member appointed for the 5
mediation; and'. 6
(6) Schedule, definition "Ministerial declaration", before `made'-- 7
insert-- 8
`of a service'. 9
(7) Schedule, definition "public facility", from `includes'-- 10
omit, insert-- 11
`includes a facility owned by a government owned corporation or a water 12
board.'. 13
(8) Schedule, both definitions "service", `part 5'-- 14
omit, insert-- 15
`parts 5 and 5A'. 16
32 Part 5 (Access to services), division 2 (Ministerial declarations), subdivision 3
(Investigations about candidate services), subdivision 5 (Revocation of
declaration)
Part 5 (Access to services), division 2 (Ministerial declarations), subdivision 5
(Revocation of declaration)
Part 5, (Access to services), division 7 (Undertakings for declared and
non-declared services), subdivision 3 (Investigations about draft undertakings)
Part 5A (Pricing and supply of water), division 2 (Declarations, and
investigations, of monopoly water supply activities), subdivision 3
(Investigations about candidate water supply activities)
Part 5A (Pricing and supply of water), division 2 (Declarations, and
investigations, of monopoly water supply activities), subdivision 5 (Revocation
of declaration)
Part 5A (Pricing and supply of water), division 2 (Declarations, and
investigations, of monopoly water supply activities), subdivision 7
(Investigations about monopoly water supply activities and making water pricing
determinations)
Part 5A (Pricing and supply of water), division 5 (Water supply undertakings),
subdivision 3 (Investigations about draft undertakings)
s 48 93 s 48
Queensland Competition Authority
Amendment
(9) Schedule, definition "user", before `determination'-- 1
insert-- 2
`access'. 3
4
94
Queensland Competition Authority
Amendment
SCHEDULE 1
¡
INOR OR CONSEQUENTIAL AMENDMENTS 2
M
section 2 3
1. Section 39(1), `A "significant'-- 4
omit, insert-- 5
`For this part, a "significant'. 6
2. Section 78(2)(a), `promptly'-- 7
omit, insert-- 8
`immediately'. 9
3. Section 78(2)(b), `promptly'-- 10
omit, insert-- 11
`immediately'. 12
4. Section 104(6)(a), `approved'-- 13
omit, insert-- 14
`approved access'. 15
5. Section 106(6)(b), `approved'-- 16
omit, insert-- 17
`approved access'. 18
95
Queensland Competition Authority
Amendment
SCHEDULE (continued)
6. Section 110, `promptly'-- 1
omit, insert-- 2
`immediately'. 3
7. Section 114, `a dispute notice'-- 4
omit, insert-- 5
`an access dispute notice'. 6
8. Part 5, division 5, subdivision 3, heading, before `determinations'-- 7
insert-- 8
`access'. 9
9. Section 118, heading, before `determinations'-- 10
insert-- 11
`access'. 12
10. Section 118, `a determination'-- 13
omit, insert-- 14
`an access determination'. 15
11. Section 119, heading, before `determination'-- 16
insert-- 17
`access'. 18
96
Queensland Competition Authority
Amendment
SCHEDULE (continued)
12. Section 119, `a determination'-- 1
omit, insert-- 2
`an access determination'. 3
13. Section 119(1), `approved'-- 4
omit, insert-- 5
`approved access'. 6
14. Section 119(3)(b), `the dispute notice'-- 7
omit, insert-- 8
`the access dispute notice'. 9
15. Section 119(7), `A determination'-- 10
omit, insert-- 11
`An access determination'. 12
16. Section 122, heading, before `dispute'-- 13
insert-- 14
`access'. 15
17. Section 122, `a determination'-- 16
omit, insert-- 17
`an access determination'. 18
97
Queensland Competition Authority
Amendment
SCHEDULE (continued)
18. Section 122, `the dispute notice'-- 1
omit, insert-- 2
`the access dispute notice'. 3
19. Section 123, heading, before `determination'-- 4
insert-- 5
`access'. 6
20. Section 123, `A determination'-- 7
omit, insert-- 8
`An access determination'. 9
21. Section 124, heading, before `determination'-- 10
insert-- 11
`access'. 12
22. Section 124, `A determination'-- 13
omit, insert-- 14
`An access determination'. 15
23. Section 125(1), `a determination'-- 16
omit, insert-- 17
`an access determination'. 18
98
Queensland Competition Authority
Amendment
SCHEDULE (continued)
24. Section 125(6)(a), `approved'-- 1
omit, insert-- 2
`approved access'. 3
25. Part 5, division 7, heading, `Undertakings'-- 4
omit, insert-- 5
`Access undertakings'. 6
26. Part 5, division 7, subdivision 1, heading, after `draft'-- 7
insert-- 8
`access'. 9
27. Section 133, after `draft'-- 10
insert-- 11
`access'. 12
28. Section 133(2), before `undertaking'-- 13
insert-- 14
`access'. 15
29. Section 134, after `draft'-- 16
insert-- 17
`access'. 18
99
Queensland Competition Authority
Amendment
SCHEDULE (continued)
30. Section 135, after `draft'-- 1
insert-- 2
`access'. 3
31. Section 136, after `draft'-- 4
insert-- 5
`access'. 6
32. Part 5, division 7, subdivision 2, heading, before `undertakings'-- 7
insert-- 8
`access'. 9
33. Section 139, before `undertaking'-- 10
insert-- 11
`access'. 12
34. Section 140, before `undertaking'-- 13
insert-- 14
`access'. 15
35. Section 141, before `undertaking'-- 16
insert-- 17
`access'. 18
100
Queensland Competition Authority
Amendment
SCHEDULE (continued)
36. Section 142, before `undertaking'-- 1
insert-- 2
`access'. 3
37. Section 143, before `undertaking'-- 4
insert-- 5
`access'. 6
38. Section 143(1), before `undertakings'-- 7
insert-- 8
`access'. 9
39. Part 5, division 7, subdivision 3, heading, before `undertakings'-- 10
insert-- 11
`access'. 12
40. Section 144, `following draft undertakings'-- 13
omit, insert-- 14
`following draft access undertakings'. 15
41. Section 144(a), (b) and (c), after `draft'-- 16
insert-- 17
`access'. 18
101
Queensland Competition Authority
Amendment
SCHEDULE (continued)
42. Section 144(c), after `approved'-- 1
insert-- 2
`access'. 3
43. Section 145, before `undertaking'-- 4
insert-- 5
`access'. 6
44. Section 148, after `approved'-- 7
insert-- 8
`access'. 9
45. Section 149, after `approved'-- 10
insert-- 11
`access'. 12
46. Section 150, after `approved'-- 13
insert-- 14
`access'. 15
47. Part 5, division 8, heading-- 16
omit, insert-- 17
`Division 8--Enforcement for pt 5'. 18
102
Queensland Competition Authority
Amendment
SCHEDULE (continued)
48. Section 152, heading, before `determination'-- 1
insert-- 2
`access'. 3
49. Section 152(1), `a determination'-- 4
omit, insert-- 5
`an access determination'. 6
50. Section 158A, `approved'-- 7
omit, insert-- 8
`approved access.' 9
51. Section 168, heading, after `and'-- 10
insert-- 11
`access'. 12
52. Section 168, after `approved'-- 13
insert-- 14
`access'. 15
53. Section 213, after `investigation'-- 16
insert-- 17
`, mediation'. 18
103
Queensland Competition Authority
Amendment
SCHEDULE (continued)
54. Section 214, after `investigation'-- 1
insert-- 2
`, mediation'. 3
© State of Queensland 2000
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