Victorian Consolidated Legislation

Grain Handling and Storage Act 1995 - SECT 15

Powers in relation to price regulation

15. Powers in relation to price regulation



(1) For the purposes of Part 3 of the Essential Services Commission Act 2001-

   (a)  the industry of facilitating the export shipping of grain is a
        regulated industry;

   (b)  the services provided, in respect of the regulated industry, in the
        Port of Melbourne, the Port of Geelong and the Port of Portland of
        receiving, moving, inspecting, testing, stock control (including
        marshalling, storing and management), weighing, elevating and loading
        grain are prescribed services;

   (c)  the charges for the prescribed services under paragraph (b) are
        prescribed prices.



(2) In making a determination in respect of prescribed prices, the Commission
must, in addition to the matters referred to in section 33(3) of the
Essential Services Commission Act 2001, have regard to-

   (a)  changes in the Consumer Price Index;

   (b)  changes in the provision of prescribed services;

   (c)  changes in the total cost of providing prescribed services;

   (d)  the costs of any new investment in the regulated industry to
        facilitate the provision of prescribed services.

(3) A change in the Consumer Price Index means the percentage calculated to
two decimal places in accordance with the formula-



where-

A is the consumer price index number for the quarter prior to the quarter in
which the determination is to be made;

B is the consumer price index number for the quarter ending 30 September 1994;

Consumer Price Index means the all groups consumer price index number for
Melbourne published quarterly by the Australian Bureau of Statistics.

(4) The Commission may only make a determination in respect of prescribed
prices under this section with the approval of the Minister administering this
Part following an inquiry under subsection (7) or under section 41 of the
Essential Services Commission Act 2001.

(5) Subsection (4) does not apply to a determination of the Commission under
section 18, 19 or 21 that includes the setting of prescribed prices.

(6) An approval under subsection (4) operates until it is revoked by the
Minister administering this Part.



(7) The Commission may, after consultation with the Minister administering the
Essential Services Commission Act 2001, conduct an inquiry under section 40 of
that Act, if the Commission considers an inquiry is necessary or desirable for
the purpose of deciding whether to seek approval under subsection (4) to make
a determination in respect of prescribed prices.