Government Prices Oversight Amendment Act 1997

Government Prices Oversight Amendment Act 1997

An Act to amend the Government Prices Oversight Act 1995

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Government Prices Oversight Amendment Act 1997 .

2.   Commencement

This Act commences on the day after the day on which it receives the Royal Assent.

3.   Principal Act

In this Act, the Government Prices Oversight Act 1995 is referred to as the Principal Act.

4.   Long title amended

The long title to the Principal Act is amended as follows:

(a) by omitting "Agencies and Government Business Enterprises" (twice occurring) and substituting "Agencies, Government Business Enterprises and Local Government Bodies";

(b) by inserting "to provide for investigations into complaints of breaches of the national competition policy competitive neutrality principles" after "those services and goods,".

5.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting "Agency," from paragraph (b) of the definition of community service obligation and substituting "Agency or Local Government Body,";

(b) by inserting after the definition of "contravene" the following definition:

council has the same meaning as in the Local Government Act 1993 ;

(c) by inserting after the definition of "enactment" the following definition:

estimated resident population, in respect of a municipal area, means the estimated resident population for that area published from time to time by the Australian Statistician under the Census and Statistics Act 1905 of the Commonwealth;

(d) by inserting after the definition of "Head of an Agency" the following definitions:

Local Government Association of Tasmania means –

(a) the Local Government Association of Tasmania whether or not that body has changed its name; and

(b) if that body ceases to exist, any other body that has substantially the same purpose and performs substantially the same functions;

Local Government Body means –

(a) a council; and

(b) a joint authority, within the meaning of the Local Government Act 1993 ;

(e) by omitting "Enterprise or Agency" from paragraph (b) of the definition of monopoly provider and substituting "Enterprise, Agency or Local Government Body";

(f) by inserting after the definition of "monopoly service" the following definition:

municipal area has the same meaning as in the Local Government Act 1993 ;

(g) by omitting the definition of Portfolio Act and substituting the following definition:

Portfolio Act means –

(a) in respect of a monopoly provider which is a Government Business Enterprise or an Agency which is a statutory authority, the enactment by or under which that Government Business Enterprise or Agency is established or continued together with any other enactment which is incorporated with or required to be read as one with that enactment; and

(b) in respect of a monopoly provider which is a Local Government Body, the Local Government Act 1993 ;

(h) by omitting "1995;" from paragraph (b) of the definition of "Portfolio Minister" and substituting "1995; and";

(i) by inserting after paragraph (b) of the definition of "Portfolio Minister" the following paragraph:

(c) in respect of a Local Government Body, means the Minister responsible for administering the Local Government Act 1993 ;

6.    Section 6 amended (Declaration of monopoly service)

Section 6 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "Enterprise or Agency" and substituting "Enterprise, Agency or Local Government Body";

(b) by inserting after subsection (2) the following subsection:

(3)  Before making a declaration under subsection (1) in respect of a service supplied by one or more Local Government Bodies, the Minister must consult with such of those Local Government Bodies as the Minister considers appropriate.

7.   Section 10 amended (Functions of Commission)

Section 10 of the Principal Act is amended by inserting the following paragraph after paragraph (b):

(ba) the conduct of investigations into complaints of breaches of the national competition policy competitive neutrality principles;

8.    Section 15 amended (Members of Commission)

Section 15(5)(a)(ii) of the Principal Act is amended by inserting ", local government" after "law".

9.    Section 16 amended (Constitution of Commission)

Section 16 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "specified in Part 1 of Schedule 1 ";

(b) by inserting in subsection (1) "where the monopoly provider is a Local Government Body or is specified in Part 1 of Schedule 1 " after "matters";

(c) by omitting from subsection (2) "which is not specified in Part 1 of Schedule 1 ";

(d) by inserting in subsection (2) "where the monopoly provider is not a Local Government Body or not specified in Part 1 of Schedule 1 " after "matters".

10.    Section 20 amended (Assistance and facilities)

Section 20 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) after paragraph (b) the following paragraph:

(ba) a Local Government Body if the Minister and the Minister responsible for administering the Local Government Act 1993 approve in writing;

(b) by omitting from subsection (2)(c) "Enterprise." and substituting "Enterprise;";

(c) by inserting in subsection (2) after paragraph (c) the following paragraph:

(d) a Local Government Body.

11.    Section 23 amended (Costs of investigations)

Section 23 of the Principal Act is amended by inserting after subsection (1) the following subsections:

(1A)  If a monopoly service which is the subject of an investigation is provided by 2 or more Local Government Bodies, all of which are councils, the amount of the expenses each council is liable to pay is to be determined in accordance with the following formula:

where –

A is the amount to be paid by a council; and

P is the estimated resident population of the municipal area in respect of which the council was established; and

TA is the total amount determined under subsection (1) to be payable by all the councils supplying the monopoly service which is the subject of an investigation; and

TP is the total of the estimated resident populations of all the municipal areas in respect of which all those councils were established.

(1B)  If more than one council supplies the monopoly service which is the subject of an investigation, the amount of the expenses determined to be payable by each council is to be specified in the notice provided under subsection (1) .

(1C)  If a monopoly provider which is a Local Government Body is liable to pay the whole or part of the reasonable expenses incurred by the Commission in respect of an investigation, the Minister must provide a copy of the notice referred to in subsection (1) to the Local Government Association of Tasmania.

12.    Section 24 amended (Requirement to investigate)

Section 24 of the Principal Act is amended as follows:

(a) by inserting after subsection (4) the following subsection:

(4A)  Despite subsection (4) , within 3 years after the provision to the Minister of the final report in relation to an investigation into the pricing policies of a monopoly provider which is a Local Government Body in respect of a monopoly service, the Minister must not require the Commission to conduct an investigation into the pricing policies of that monopoly provider in respect of that monopoly service unless a majority of all the Local Government Bodies have agreed to the requirement being made within that period.

(b) by omitting subsection (7) and substituting the following subsection:

(7)  Before providing a requirement under subsection (2) , (3) or (4) or amending a requirement under subsection (6) , the Minister must first –

(a) obtain the agreement of the Portfolio Minister to the provision or amendment of the requirement; and

(b) if the required investigation is to be in relation to a monopoly service supplied by a monopoly provider which is a Local Government Body, consult with the Local Government Association of Tasmania with respect to the provision or amendment of the requirement.

13.    Section 26 amended (Notice of investigation)

Section 26 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(b) "appropriate." and substituting "appropriate; and";

(b) by inserting after paragraph (b) of subsection (1) the following paragraph:

(c) if the monopoly provider is a Local Government Body, in writing provided to the Local Government Association of Tasmania.

(c) by omitting subparagraph (iv) of subsection (2)(a);

(d) by omitting from subsection (2)(b) "include the terms of reference" and substituting "specify where and when copies of the terms of reference may be obtained";

(e) by omitting from subsection (3)(b) "appropriate." and substituting "appropriate; and";

(f) by inserting after paragraph (b) of subsection (3) the following paragraph:

(c) if the monopoly provider is a Local Government Body, in writing provided to the Local Government Association of Tasmania.

14.    Section 31 amended (Matters to be considered)

Section 31(d) of the Principal Act is amended by omitting "to the State".

15.    Section 34 amended (Draft report)

Section 34 of the Principal Act is amended as follows:

(a) by omitting paragraph (a) of subsection (1) and substituting the following paragraph:

(a) provide a copy of the draft report to –

(i) the Minister; and

(ii) the Portfolio Minister; and

(iii) the monopoly provider specified in the terms of reference; and

(iv) if that monopoly provider is a Local Government Body, the Local Government Association of Tasmania; and

(b) by omitting paragraphs (a) and (b) of subsection (2) and substituting the following paragraphs:

(a) the Commission may provide a copy of a draft report to –

(i) the Minister; and

(ii) the Portfolio Minister; and

(iii) the monopoly provider to which the investigation relates; and

(iv) if that monopoly provider is a Local Government Body, the Local Government Association of Tasmania; and

(b) the Commission may make copies of that draft report available for purchase by the public if the Minister and the Portfolio Minister agree in writing; and

(c) the Commission must provide a copy of a draft report to each person and body referred to in paragraph (a) if the Minister and the Portfolio Minister, jointly, require it to do so by written notice provided to the Commission.

16.    Section 35 amended (Final report)

Section 35(1) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

(b) provide a copy of the final report to –

(i) the Minister; and

(ii) the Portfolio Minister; and

(iii) the monopoly provider supplying the monopoly service which is the subject of the investigation; and

(iv) if that monopoly provider is a Local Government Body, the Local Government Association of Tasmania.

17.    Section 36 amended (Order made in certain cases after final report)

Section 36 of the Principal Act is amended as follows:

(a) by omitting from subsection (2)(b) "from any Minister of the Crown and the monopoly provider in relation to those recommendations" and substituting "in relation to those recommendations from any Minister of the Crown, the monopoly provider and, if the monopoly provider is a Local Government Body, the Local Government Association of Tasmania";

(b) by inserting in subsection (3)(b) ", and provisions relating to that requirement or authorisation," after "authorisation";

(c) by inserting the following subsection after subsection (4) :

(4A)  Notwithstanding subsection (4) , a House of Parliament may pass a resolution to approve an order under subsection (2) at any time within the first 15 sitting days of that House after the order is laid before it.

18.    Section 37 amended (Action by monopoly provider following order under section 36)

Section 37 of the Principal Act is amended as follows:

(a) by omitting "After" and substituting "Within the period of 45 days immediately after";

(b) by omitting "but before the day on which it takes effect";

(c) by omitting paragraph (b) and substituting the following paragraph:

(b) lodge with the Commission an application for the approval of that price and pricing policy under section 39 , together with any supporting information the Commission may require.

19.   Section 38 amended (Action by Portfolio Minister where no order is made)

Section 38 of the Principal Act is amended as follows:

(a) by omitting "Within" and substituting "(1) Within";

(b) by omitting from subsection (1)(b) "from any Minister of the Crown and the monopoly provider in relation to those recommendations" and substituting "in relation to those recommendations from any Minister of the Crown, the monopoly provider and, if the monopoly provider is a Local Government Body, the Local Government Association of Tasmania";

(c) by omitting from subsection (1)(c) "take such action" and substituting "give such directions and take such other action";

(d) by adding the following subsection:

(2)  For the avoidance of doubt, if the Portfolio Minister is the Minister responsible for administering the Local Government Act 1993 and the monopoly provider is a Local Government Body, that body must comply with a direction of that Minister given under subsection (1)(c) .

20.   Section 39 amended (Monitoring of prices)

Section 39 of the Principal Act is amended by inserting the following subsection after subsection (2):

(3)  For the purposes of subsection (2) , the Commission must give notice of its approval, or disapproval, within the period of 15 days immediately after it receives an application for approval from a monopoly provider.

21.   Section 44 amended (Regulations)

Section 44 of the Principal Act is amended by inserting the following subsection after subsection (1):

(1A)  Without limiting the generality of subsection (1) , regulations may be made under that subsection for and in relation to the conduct by the Commission of investigations into complaints of breaches of the national competition policy competitive neutrality principles.

22.    Section 45 repealed

Section 45 of the Principal Act is repealed.

23.   Schedule 1 amended (Certain Monopoly Providers)

Part 1 of Schedule 1 to the Principal Act is amended by inserting the following item after the item relating to the Motor Accidents Insurance Board:

Hobart Regional Water Authority

31 January 1998

24.   Schedule 2 amended (Members of Commission)

Clause 3(2) of Schedule 2 to the Principal Act is amended by inserting ", or be an employee of a Local Government Body," after "Tasmanian State Service Act 1984".

[Second reading presentation speech made in:

House of Assembly on 29 APRIL 1997

Legislative Council on 13 AUGUST 1997]