Government Prices Oversight Amendment Act 1998

Government Prices Oversight Amendment Act 1998

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 1998 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

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

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended as follows:

(a) by omitting "water, electricity" from paragraph (a) of the definition of service and substituting "water";

(b) by inserting "or the supply of electricity" after "charge is payable" in the definition of service ;

(c) by omitting the definition of State charge and substituting the following definition:

State charge means –

(a) a tax, or duty, imposed for the public revenue purposes of the State; and

(b) a payment, in the form of a royalty, payable to the Crown or a Government Business Enterprise for the exclusive right to access and market a natural resource;

5.    Section 5 substituted

Section 5 of the Principal Act is repealed and the following section is substituted:

5.   Declaration of service

(1)  By notice published in the Gazette, the Minister may declare the supply of a good or service to be a service.

(2)  The Minister may not declare the supply of electricity to be a service under subsection (1) .

6.    Section 32 amended (Limitations on investigation and reporting)

Section 32 of the Principal Act is amended as follows:

(a) by omitting subsections (1) and (2) and substituting the following subsection:

(1)  The Commission must not investigate the terms of a contract, or the terms of a contract which is a member of a class of contracts, if that investigation is prohibited by the requirement to investigate under section 24 .

(b) by omitting from subsection (3)(a) " subsection (2) (a) or (b) " and substituting " subsection (1) ";

(c) by inserting the following paragraph after paragraph (a) in subsection (3) :

(ab) a contract or the terms of a contract if the Commission was prohibited by this section from investigating the contract or terms at the time the contract or terms came into the possession of the Commission; or

[Second reading presentation speech made in:

House of Assembly on 27 MAY 1998

Legislative Council on 10 JUNE 1998]