South Australian Consolidated Acts South Australian Consolidated Acts (1) The Commission may
make determinations regulating prices, conditions relating to prices and
price-fixing factors for goods and services in a regulated industry.
(2) The Commission may
only make a price determination if authorised to do so by a relevant industry
regulation Act or by regulation under this Act.
(3) A price
determination may regulate prices, conditions relating to prices or
price-fixing factors in a regulated industry in any manner the Commission
considers appropriate, including—
(a)
fixing a price or the rate of increase or decrease in a price;
(b)
fixing a maximum price or maximum rate of increase or minimum rate of decrease
in a maximum price;
(c)
fixing an average price for specified goods or services or an average rate of
increase or decrease in an average price;
(d)
specifying pricing policies or principles;
(e)
specifying an amount determined by reference to a general price index, the
cost of production, a rate of return on assets employed or any other specified
factor;
(f)
specifying an amount determined by reference to quantity, location, period or
other specified factor relevant to the supply of goods or services;
(g)
fixing a maximum average revenue, or maximum rate of increase or minimum rate
of decrease in maximum average revenue, in relation to specified goods or
services;
(h)
monitoring the price levels of specified goods and services.
(4) In making a price
determination, the Commission must (in addition to having regard to the
general factors specified in Part 2) have regard to—
(a) the
particular circumstances of the regulated industry and the goods and services
for which the determination is being made;
(b) the
costs of making, producing or supplying the goods or services;
(c) the
costs of complying with laws or regulatory requirements;
(d) the
return on assets in the regulated industry;
(e) any
relevant interstate and international benchmarks for prices, costs and return
on assets in comparable industries;
(f) the
financial implications of the determination;
(g) any
factors specified by a relevant industry regulation Act or by regulation under
this Act;
(h) any
other factors that the Commission considers relevant.
(5) In making a price
determination under this section, the Commission must ensure that—
(a)
wherever possible the costs of regulation do not exceed the benefits; and
(b) the
decision takes into account and clearly articulates any trade-off between
costs and service standards.
(6)
Subsections (3), (4) and (5) have effect in relation to a regulated
industry subject to the provisions of the relevant industry regulation Act for
that industry.
(7) In this
section—
"price" includes a price range.