ESSENTIAL SERVICES COMMISSION ACT 2001
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Order declaring a regulated industry
- 5 Interpretation and application of Act
- 6 Crown to be bound
PART 2--ESSENTIAL SERVICES COMMISSION
- 7 Essential Services Commission
- 8 Objective of the Commission
- 8A Matters which the Commission must have regard to
- 9 Commission represents Crown
- 10 Functions of the Commission
- 10AAA Reporting on regulated industry market structure and performance
- 10AA Commission's functions in relation to compliance and enforcement
- 10AAB Commission's functions in relation to the retail energy market
- 10A Commission's functions in relation to particular Basin water charges
- 10C Commission's functions in relation to renewable energy
- 10D Commission's functions in relation to energy efficiency
- 10E Commission's functions in relation to Councils
- 11 Powers of the Commission
- 12 Commission not subject to direction or control
- 13 Commission may publish statements and guidelines
- 14 Commission must publish Charter
- 15 Consultation
- 16 Memoranda of Understanding
- 17 Membership of the Commission
- 18 The Chairperson
- 19 Tenure of office of Chairperson
- 20 Acting appointment
- 21 Additional Commissioners
- 22 Tenure of office of additional Commissioners
- 23 Payment of Chairperson and other Commissioners
- 23A Chief executive officer
- 24 Staff
- 25 Consultants
- 26 Delegation
- 27 Declaration of pecuniary interests
- 28 Meetings of the Commission
- 29 Conduct of particular inquiry or determination
- 30 Determinations of the Commission
- 31 Matters to be included in annual report
PART 3--SPECIFIC POWERS
- 31A Definitions
- 32 Price Regulation
- 33 Price determinations
- 34 Other regulatory powers
- 35 General provisions relating to determinations
PART 3A--THIRD PARTY ACCESS REGIMES
- 35A Object of Part
- 35B Application of Part
- 35C Pricing principles applying in respect of regulated access prices
- 35D Time limit for determinations relating to third party infrastructure access regimes
Division 1--Information gathering notices
- 36 Information gathering notices—performing functions or exercising powers
- 37 Information gathering notices—matters that constitute contravention of essential services requirement
- 38 Form of information gathering notice
Division 2--Compliance with information gathering notices
- 39 Power to examine on oath or affirmation
- 39A Protection against self-incrimination—information gathering notices under section 36(1)
- 39B Protection against self-incrimination—information gathering notices under section 37(1)
- 39C Offence of coercion etc. against person who complies with information gathering notice
- 39D No liability for loss, damage or injury
Division 3--Documents
- 39E Powers in relation to documents
- 39F Copies of seized documents
- 39G Retention and return of seized documents
- 39H Application for return of seized document
- 39I Magistrates' Court may extend 3-month period
Division 4--When Commission must not serve information gathering notice
- 39J Matters about which the Commission must not serve information gathering notice
- 39K Provision of information relating to regulated entities
- 39L Matters about which the Commission must not gather information under this Part
Division 1--Inspectors
Division 2--Entry and search of premises with consent
- 39P Entry and search with consent
- 39Q Notice before entry and search
- 39R Acknowledgement of consent to entry and search
Division 3--Entry and search of premises with warrant
- 39S Search warrants
- 39T Form and content of search warrants
- 39U Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer
- 39V Announcement before entry
- 39W Details of warrant to be given to occupier
- 39X Seizure of documents or computers not mentioned in the warrant
Division 4--Documents and computers
- 39Y Copies of seized documents
- 39Z Retention and return of seized documents or computers
- 39ZA Application for return of seized documents or computers
- 39ZB Magistrates' Court may extend 3-month period
Division 5--Offences
- 39ZC Refusal or failure to comply with requirement
- 39ZD Protection against self-incrimination
- 39ZE Offence to hinder or obstruct inspector
- 39ZF Offence to impersonate inspector
Division 6--Miscellaneous
- 39ZG Requirement to assist inspector during entry
- 39ZH Entry to be reported to the Commission
- 39ZI Register of exercise of powers of entry
- 39ZJ Complaints
Division 7--When inspector must not exercise search and seizure powers or apply for search warrants
- 39ZK Matters about which inspectors must not exercise search and seizure powers or apply for search warrants
PART 4C--COURT MAY ORDER COMPLIANCE WITH REQUIREMENTS
- 39ZL Powers of court if requirement of Commission or inspector not complied with
PART 5--INQUIRIES AND REPORTS
- 40 Inquiry by Commission
- 41 Minister may refer matter for inquiry
- 41A Minister may limit use of powers under section 37
- 42 Notice of inquiry
- 43 Conduct of inquiry
- 45 Reports
- 46 Special reports
PART 6--CODES OF PRACTICE
- 47 Power to make Codes of Practice
- 48 Power to apply, adopt or incorporate
- 49 Publication of Codes of Practice and amendments
- 50 Automatic revocation of Codes of Practice after 10 years
Division 1--Contravention order and related orders
- 53 Contravention order
- 54 Civil penalty orders
- 54A Civil penalty amount—energy licensees
- 54B Civil penalty amount—officers of energy licensees
- 54C Civil penalty amount—other regulated entities
- 54D Civil penalty amount—officers of other regulated entities
- 54E How other civil penalty amounts are to be provided
- 54F Adverse publicity orders
- 54G Orders requiring provision of services, education, etc.
- 54H Compensation and other orders
- 54I Proceedings under this Division are civil proceedings
- 54J Authority to commence proceedings
- 54K Civil proceedings after criminal proceedings
- 54L Criminal proceeding during proceeding for civil penalty order
- 54M Criminal proceedings commenced after proceeding for contravention order
- 54N Evidence given or produced during proceeding for contravention order
- 54O Conduct contravening more than one civil penalty requirement
- 54P Multiple contraventions of civil penalty requirements
- 54Q Multiple proceedings for contravention order to be heard together
- 54R Jurisdictional limit of Magistrates' Court does not apply to civil penalty order
Division 2--Penalty notice regime
- 54S Power to serve a penalty notice
- 54T Notice penalties
- 54U How other notice penalty amounts are to be provided
- 54V Form of penalty notice
- 54W Commission must not commence certain proceedings while penalty notice on foot or until time for payment has expired
- 54X Late payment
- 54Y Withdrawal of penalty notice
- 54Z Refund of notice penalty
- 54ZA Payment expiates contravention
- 54ZB Payment not to have certain consequences
- 54ZC Multiple contraventions
Division 3--Enforceable undertakings
- 54ZD Enforceable undertakings
- 54ZE Enforcement of enforceable undertakings
- 54ZF Monetary benefits order—contravention of enforceable undertaking
Division 4--Compliance notices
- 54ZG Compliance notice
Division 5--Injunctions
- 54ZH Injunctions
- 54ZI Consent injunctions
- 54ZJ Interim injunctions
- 54ZK Variation and discharge of injunctions
- 54ZL Undertakings as to damages and costs
Division 6--Declarations
- 54ZM Declarations
Division 7--Other persons involved in contraventions of civil penalty requirements
- 54ZN Persons involved in contraventions
Division 8--Register of Enforcement Action
- 54ZO Register of Enforcement Action
Division 1--Essential Services Commission Enforcement Fund
- 54ZP Essential Services Commission Enforcement Fund
- 54ZQ Payments into the Essential Services Commission Enforcement Fund
- 54ZR Payments out of the Essential Services Commission Enforcement Fund
- 54ZS Recovery of amounts ordered to be paid into the Essential Services Commission Enforcement Fund
Division 2--Essential Services Commission Operating Fund
- 54ZT Essential Services Commission Operating Fund
- 54ZU Payments into the Essential Services Commission Operating Fund
- 54ZV Payments out of the Essential Services Commission Operating Fund
Division 1--Personal liability and contraventions by bodies corporate and others
- 60 Personal liability
- 60A Contraventions of this Act and relevant legislation by bodies corporate
- 60B Conduct by officers, employees or agents
Division 2--Disclosure of information, information sharing and offences
- 60C Restriction on disclosure of confidential information
- 60D Commission must not disclose exempt freedom of information documents
- 60E Information sharing arrangements
- 61 Disclosure of information an offence
- 61A Offence to give false or misleading information or documents
- 61B Monetary benefits order—false and misleading information offence to Commission
Division 3--Miscellaneous
- 62 Proceedings
- 62A Who can commence proceedings for offences?
- 62B Determining amount to be paid under monetary benefits orders and certain civil penalty orders
- 62C Court may grant relief from liability
- 63 Supreme Court—limitation of jurisdiction
- 64 Service of documents
- 65 Regulations
- 66 Review
PART 7D--AMENDMENTS CONSEQUENTIAL TO REPEAL OF PART 1B OF THE WATER INDUSTRY ACT 1994
- 66A Commencement of Part
- 66B Functions of Commission—Essential Services Commission Act 2001
- 66C Repeal of section 10A
- 66D Repeal of Part
PART 8--TRANSITIONAL
- 67 Repeal of the Office of the Regulator-General Act 1994
- 68 Commission is successor in law
- 69 Transitional provision—uncompleted appeals
- 70 Enforcement
- 71 Enforcement orders
- 72 Energy industry penalty notices
- 73 Information gathering
- 74 Information sharing
- 75 Chief executive officer
- 76 Codes of Practice
- 77 Transitional civil penalty requirements—Energy Retail Code
- 78 Transitional civil penalty requirements—Electricity Distribution Code
- 79 Transitional civil penalty requirements—Gas Distribution System Code ENDNOTES