South Australian Consolidated Acts

ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 28

28—Codes and rules

        (1)         The Commission may make codes or rules relating to the conduct or operations of a regulated industry or regulated entities.

        (2)         The Commission may vary or revoke a code or rules made under this section.

        (3)         The Commission must, before making, varying or revoking a code or rules, consult with the industry Minister and such representative bodies and participants in the regulated industry as the Commission considers appropriate.

        (4)         A code or rules may apply or incorporate, wholly or partially and with or without modification, a document referred to in the code or rules, as in force from time to time or as in force at a particular time.

        (5)         The Commission must—

            (a)         give notice of the making, variation or revocation of a code or rules—

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

                  (ii)         to each regulated entity to which the code or rules apply; and

            (b)         ensure that copies of the code or rules (as in force from time to time) are available for inspection and purchase by members of the public.

        (6)         Notice of the making of a code or rules, or the variation or revocation of a code or rules, must be published in the Gazette.

        (7)         A code or rule, or variation or revocation of a code or rule, takes effect on the date on which it is notified in the Gazette or a later date specified by the Commission in the code or a rule.

        (8)         The Commission must keep the contents and operation of codes and rules under review with a view to ensuring their continued relevance and effectiveness.