South Australian Consolidated Acts

ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 35

35—Minister may refer matter for inquiry

        (1)         The Commission must conduct an inquiry into any matter that the Minister, by written notice, refers to the Commission.

        (2)         The Commission must conduct an inquiry into any matter relating to a regulated industry that the industry Minister, by written notice, refers to the Commission.

        (3)         An industry Minister must consult with the Minister before referring a matter to the Commission.

        (4)         The written notice must specify the terms of reference for the inquiry.

        (5)         The Minister referring a matter may do one or more of the following:

            (a)         require that a report on the inquiry be delivered to the Minister within a specified period;

            (b)         require the Commission, as part of the inquiry, to consider whether a price determination should be made under Part 3, and if satisfied that it should, to make such a determination under that Part in conjunction with the making of its report on the inquiry;

            (c)         require the Commission to make a draft report publicly available or available to specified persons or bodies during the inquiry;

            (d)         require the Commission to make a draft price determination publicly available or available to specified persons during the inquiry;

            (e)         require the Commission to consider specified matters;

            (f)         give the Commission specific directions in respect of the conduct of the inquiry.

        (6)         A Minister who has referred a matter may, by written notice, vary the terms of reference or a requirement or direction under subsection (5).