Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 13

Regulation of tariffs for prescribed customers

13. Regulation of tariffs for prescribed customers



(1) The Governor in Council may, by Order published in the Government Gazette,
regulate, in such manner and in relation to such period as the Governor in
Council thinks fit, tariffs for the sale of electricity to prescribed
customers or a class of prescribed customers.

(1A) The Governor in Council may only make an Order under subsection (1) if
under an MCE directed retail competition review the AEMC-

   (a)  concludes that competition in a market for electricity is not
        effective; and

   (b)  recommends, in accordance with the MCE's written direction for that
        review, that price controls on prices for retail electricity services
        be (as the case requires) retained or reintroduced.

(2) Without limiting the generality of subsection (1), the manner may include-

   (a)  fixing the tariff or the rate of increase or decrease in a tariff;

   (b)  fixing a maximum tariff or maximum rate of increase or minimum rate of
        decrease in the maximum tariff;

   (c)  fixing an average tariff or an average rate of increase or decrease in
        the average tariff;

   (d)  specifying policies or principles for fixing tariffs;

   (e)  specifying a tariff determined by reference to a general price index,
        the cost of production, a rate of return on assets employed or any
        other specified factor;

   (f)  specifying a tariff determined by reference to any one or more of the
        following-

   (i)  a prescribed customer or a class of prescribed customers;

   (ii) a person or a class of persons authorised to sell electricity;

   (iii) the purpose for which the electricity is used;

   (iv) the quantity of electricity used;

   (v)  the period of use;

   (vi) the place of supply;

   (vii) any other specified factor relevant to the sale of electricity.

(2A) Without limiting the generality of subsection (1), in determining the
manner tariffs for the sale of electricity to prescribed customers or a class
of prescribed customers are to be regulated, the Governor in Council may have
regard to the tariffs payable by the prescribed customers or a class of
prescribed customers during the review period.

(3) An Order under subsection (1) may direct the Commission to make a decision
in respect of such factors and matters or in accordance with such procedures,
matters or bases as are specified in the Order, or both.

(4) An Order under subsection (1) has effect as from the date specified in the
Order.





(4A) Sections 53 and 54 of the Essential Services Commission Act 2001 apply to
an Order under subsection (1) as if the Order were a determination made by the
Commission under that Act.

(5) The Governor in Council may, by Order published in the Government Gazette,
declare that a person or class of persons specified in the Order is, for the
purposes of this section, a prescribed customer or class of prescribed
customers.





(6) In this section-

MCE directed retail competition review means an MCE directed review (within
the meaning of the National Electricity (Victoria) Law) under section 41(1)(d)
of that Law;

prescribed customer means a person, or a member of a class of persons, to whom
an Order under subsection (5) applies. review period means the period-

   (a)  commencing on the day that the direction of the MCE requiring an MCE
        directed retail competition review is published in the South
        Australian Government Gazette under section 41(3) of the National
        Electricity (Victoria) Law; and

   (b)  ending on the day before the day the Order under subsection (1) is
        made.

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