South Australian Consolidated Acts

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ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 10

10—Consultation

        (1)         This section applies to the Commission and to prescribed agencies for the purposes of ensuring that—

            (a)         the regulatory and decision making processes of the Commission and prescribed agencies are closely integrated and better informed; and

            (b)         overlap or conflict between existing and proposed regulatory schemes is avoided.

        (2)         The Commission must as early as practicable consult with a relevant prescribed agency

            (a)         in the making of a price determination or a code or rules; and

            (b)         in the conduct of an inquiry, after first consulting with the Minister; and

            (c)         in preparing and reviewing the Charter of Consultation and Regulatory Practice.

        (3)         If requested in writing to do so by the Commission, a prescribed agency must consult with the Commission—

            (a)         in relation to any matter specified by the Commission that is relevant to the objectives or functions of the Commission under this Act and under any relevant industry regulation Act; or

            (b)         in respect of a matter specified by the Commission that may impact on a regulated industry.

        (4)         A prescribed agency must ensure that consultation occurs as early as practicable in the regulatory, advisory or decision making processes of the prescribed agency.

        (5)         The requirements under this section are in addition to any other requirements or processes under any other legislation or regulatory scheme.

        (6)         In this Part—

"prescribed agency" means a person, body or agency that—

            (a)         has functions or powers under relevant health, safety, environmental or social legislation applying to a regulated industry; and

            (b)         is prescribed by regulation for the purposes of this Part.



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