WATER INDUSTRY ACT 2012 (NO 9 OF 2012) - SECT 35
WATER INDUSTRY ACT 2012 (NO 9 OF 2012) - SECT 35
(1) Subject to this section, the Commission may make a determination under the Essential Services Commission Act 2002 regulating prices, conditions relating to prices, and price-fixing factors for retail services.
(2) Despite the provisions of the Essential Services Commission Act 2002 , the operation of a determination of a kind referred to in subsection (1) is not to be stayed pending the determination of an application for review or appeal under Part 6 of that Act.
(3) In addition to the requirements of section 25(4) of the Essential Services Commission Act 2002 , the Commission must, in acting under subsection (1), comply with the requirements of any pricing order issued by the Treasurer under this section.
(4) The Treasurer may, for the purposes of subsection (3), issue an order (a "pricing order") that—
(a) sets out any policies or other matters that the Commission must have regard to when making a determination contemplated by this section;
(b) specifies various parameters, principles or factors that the Commission must adopt or apply in making a determination contemplated by this section;
(c) relates to any other matter that the Treasurer considers to be appropriate in the circumstances.
(5) A pricing order—
(a) takes effect on a date specified in the order; and
(b) cannot be varied (except as contemplated by the order) or revoked (but this paragraph does not prevent new pricing orders being made from time to time).
(6) Notice of the making of a pricing order must be published in the Gazette.
(7) The notice must include a brief description of the nature and effect of the pricing order and state how a copy may be inspected or purchased.
(8) The Treasurer must—
(a) send a copy of a pricing order to each water industry entity to which the order may relate; and
(b) ensure that a copy of the order is published on the Department of Treasury and Finance's website; and
(c) ensure that copies of the order are available for inspection and purchase by members of the public.
(9) In this section—
"price" includes price range.
Division 4—Standard terms and conditions for retail services