South Australian Consolidated Acts

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ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 26

26—Making and effect of price determinations

        (1)         Before making a price determination, the Commission may send a copy of a draft of the determination—

            (a)         to the Minister and the industry Minister; and

            (b)         to each regulated entity to which the determination will apply; and

            (c)         to any other person the Commission considers appropriate.

        (2)         A price determination must include a summary of the information on which the determination is based and a statement of the reasons for the making of the determination.

        (3)         The Commission must—

            (a)         send a copy of a price determination—

                  (i)         to the Minister and the industry Minister; and

                  (ii)         to each regulated entity to which the determination applies; and

                  (iii)         to any person who made a submission to an inquiry to which the determination relates and who has asked for a copy of the determination; and

            (b)         ensure that copies of the determination are available for inspection and purchase by members of the public.

        (4)         Notice of the making of a price determination must be published—

            (a)         in the Gazette; and

            (b)         in a newspaper circulating generally in the State; and

            (c)         on the internet.

        (5)         The notice must include a brief description of the nature and effect of the price determination, details of when the determination takes effect and how a copy of the determination may be inspected or purchased.

        (6)         A price determination takes effect on the date on which notice of its making is published in the Gazette or a later date of commencement specified in the determination.

        (7)         A price determination has effect until it is revoked or until an expiry date specified in the determination.

        (8)         A price determination may be varied or revoked by subsequent determination.



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