South Australian Consolidated Acts

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ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 38

38—Reports

        (1)         The Commission must deliver a copy of the Commission's final report on an inquiry to the relevant Minister.

        (2)         The Commission may, during the course of an inquiry, deliver a special report to the relevant Minister.

        (3)         The Commission must identify in a report any information contained in the report that the Commission considers is confidential information in accordance with Part 5.

        (4)         The relevant Minister must, within 12 sitting days after receipt of a report, cause a copy of the report (excluding any information identified under subsection (3) as confidential information) to be laid before both Houses of Parliament.

        (5)         The relevant Minister must, after a report has been laid before both Houses of Parliament or, if Parliament is not sitting, within 28 days after receiving a report, ensure that copies of the report (excluding any information identified under subsection (3) as confidential information) are available for public inspection.

        (6)         After the relevant Minister has made a report publicly available, the Commission must ensure that copies (excluding any information identified under subsection (3) as confidential information) are available for purchase by members of the public.

        (7)         If information is excluded from a report as being confidential information, a note to that effect must be included in the report at the place in the report from which the information is excluded.

        (8)         In this section—

"relevant Minister", in relation to an inquiry into a matter, means—

            (a)         if the Commission conducted the inquiry on its own initiative, the Minister; or

            (b)         in any other case, the Minister who referred the matter to the Commission.



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