Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 4

Order declaring a regulated industry

4. Order declaring a regulated industry



(1) Except as otherwise provided in this section, the Governor in Council may
by Order declare an industry to be a regulated industry after having regard
to-

   (a)  the existence of significant and non-transitory market power;

   (b)  the existence of regulatory benefits which exceed the administration
        and compliance costs of becoming a regulated industry;

   (c)  the non-existence of economic regulation specific to that industry by
        another body under any other State or Commonwealth legislation.

(2) The Order may declare-

   (a)  which prices are to be prescribed prices in respect of a regulated
        industry;

   (b)  which goods and services are to be prescribed goods and services in
        respect of a regulated industry;

   (c)  powers that are to be exercised by the Commission in respect of a
        regulated industry under section 34;

   (d)  decisions or classes of decisions of the Commission under the powers
        conferred by the Order that are to be determinations for the purposes
        of this Act.

(3) This section does not apply to the electricity industry or to the
Electricity Industry Act 2000.

(4) Subsection (3) does not affect any Order made before 20 June 1995.

(5) This section does not apply to the gas industry or to the
Gas Industry Act 2001.

(6) Subsection (5) does not affect any Order made before 1 December 1998.

(7) This section does not apply to-

   (a)  railways and rail infrastructure;

   (b)  tramways and tram infrastructure.

(8) This section does not apply to the regulated water industry within the
meaning of section 4A of the Water Industry Act 1994.