Government Prices Oversight Regulations 1998
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Government Prices Oversight Act 1995 .
23 December 1998G. S. M. GREEN
Governor
By His Excellency's Command,
DAVID CREAN
Treasurer
These regulations may be cited as the Government Prices Oversight Regulations 1998 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations –Act means the Government Prices Oversight Act 1995 ;complainant means a person who has made a complaint;complaint means a complaint made under regulation 5 together with any information provided in compliance with a requirement made under regulation 6 ;contravene includes fail to comply with;Government body means –(a) an Agency; and(b) a statutory authority; and(c) a Local Government Body; and(d) a Government Business Enterprise; and(e) a State-owned company;principles means the national competition policy competitive neutrality principles.
A person who –may make a complaint to the Commission.(a) believes that a Government body has contravened any of the principles; and(b) is adversely affected by that supposed contravention; and(c) has discussed that supposed contravention with the Government body –
A complaint –(a) is to be made to the Commission in writing; and(b) is to include –(i) the name of the Government body; and(ii) the service provided by the Government body; and(iii) details of how the applicant believes the principles have been contravened; and(iv) details of how the complainant has been adversely affected by that contravention; and(v) such other details as the applicant considers relevant; and(c) is to be accompanied by the fee of $100.
6. Providing further information
(1) At any time, the Commission may require a complainant to do one or more of the following:(a) provide further information or documents;(b) verify all or any part of the complaint by statutory declaration.(2) A requirement must –(a) be made in writing provided to the complainant; and(b) specify a reasonable period within which the complainant must comply with the requirement.(3) The Commission may extend the period specified in the requirement, whether before or after its expiry.
7. Preliminary assessment of complaint
(1) Within 30 days after receiving a complaint, the Commission must determine –(a) if the complaint contains –(i) an allegation that any of the principles have been contravened; and(ii) any matter that might support such an allegation; and(b) whether or not the complainant appears to have been adversely affected by an act of the Government body; and(c) whether or not the complaint is vexatious or frivolous.(2) The Commission must provide a copy of the complaint to the Government body and the Portfolio Minister if the Commission determines that –(a) the complaint contains an allegation that one or more of the principles have been contravened; and(b) the complaint contains matter to support that allegation; and(c) the complainant has been adversely affected; and(d) the complaint is not vexatious or frivolous.(3) If the Commission determines that –the Commission must notify the complainant in writing of that fact.(a) the complaint does not contain an allegation that one or more of the principles have been contravened; or(b) the complaint does not contain matter to support that allegation; or(c) the complainant has not been adversely affected; or(d) the complaint is vexatious or frivolous –
(1) Within 30 days after receiving a copy of a complaint, a Government body must provide the Commission with a written reply to the complaint that –(a) specifies the belief of the Government body as to whether the complaint is justified, partly justified or not justified; and(b) in the case of a belief that the complaint is justified or partly justified, specifies whether the Government body proposes to take any action to stop any ongoing contravention of the principles which was the subject of the complaint or to ensure that such a contravention does not occur again; and(c) in the case of a belief that the complaint is partly justified only or is not justified, sets out the grounds upon which that belief is based.Penalty: Fine not exceeding 100 penalty units.(2) A reply that specifies that a complaint is justified or partly justified may include recommendations for the alteration of the application of the principles and other recommendations the Government body considers appropriate.
9. Limited period for investigation
(1) An investigation into a complaint is to be completed, and any report required under regulation 14(2) is to be provided, within 30 days after the Commission has received under regulation 8 the written reply of a Government body to the complaint.(2) The Commission may apply to the Minister for one or more extensions of the period within which an investigation into a complaint is to be completed and any report required under regulation 14(2) is to be provided.(3) An application for an extension of the period within which an investigation into a complaint is to be completed and any report required under regulation 14(2) is to be provided is to be –(a) made in writing to the Minister before the end of that period; and(b) specify the reasons as to why the extension is necessary; and(c) specify a day by which the investigation can be completed and any such report provided.(4) Within 14 days after receiving an application for an extension of time, the Minister –(a) must determine whether or not to grant the extension; and(b) notify the Commission in writing of that determination and, if an extension is granted, of the day by which the investigation is to be completed and any report required under regulation 14(2) is to be provided.(5) The Minister may not grant an extension of time under this regulation that exceeds 30 days.
(1) Subject to these regulations, the Commission may conduct an investigation into a complaint in such manner as it considers appropriate and, in particular, may –(a) receive written and oral submissions; and(b) consult with any person; and(c) hold conferences and seminars; and(d) determine whether any person wishing to appear before the Commission may be represented by another person.(2) In conducting an investigation into a complaint, the Commission is not bound by rules of evidence but may inform itself of any matter in any manner it considers appropriate.
11. Requiring person to give evidence or provide document
(1) For the purposes of an investigation into a complaint, the Commission may require a person, by written notice provided to the person, to do any one or more of the following:(a) attend before the Commission and answer questions which, in the opinion of the Commission, are relevant to the investigation;(b) provide to the Commission, in the manner specified in the notice, any document specified in the notice which is in the person's possession or control and which, in the opinion of the Commission, is relevant to the investigation;(c) provide to the Commission, in the manner specified in the notice, any other information specified in the notice which, in the opinion of the Commission, is relevant to the investigation.(2) A person who attends before the Commission under a requirement referred to in subregulation (1)(a) may, at the Commission's discretion, be paid by the Commission reasonable allowances and expenses.(3) Despite subregulation (1) , the Commission may not require a person –(a) to answer a question, or provide information, if to do so would require the person to divulge information contained in or relating to a Cabinet record; or(b) to provide to the Commission a Cabinet record.
12. Use of documents or other information
(1) The Commission –(a) may examine, take possession of, make copies of and take extracts from any document provided under a requirement referred to in regulation 11(1)(b) or (c) ; and(b) may retain that document for so long as is necessary for the purposes of the investigation; and(c) must allow a person who would be entitled to inspect the document if it were not in the possession of the Commission to inspect it, make a copy of it or take an extract from it at any reasonable time.(2) The Commission may give directions prohibiting or restricting the publication of any answer, document or other information provided to it under a requirement referred to in regulation 11(1) , a part of any such answer, document or other information or a copy of or extract from any such answer, document, other information or part.(3) The Freedom of Information Act 1991 does not apply in respect of –(a) any answer, document, other information or part of any answer, document or other information in respect of which a direction under subregulation (2) has been given; and(b) records relating to the production of any such answer, document, other information or part.(4) The Commission may make any answer, document or other information provided to it under a requirement referred to in regulation 11(1) or part of any such answer, document or other information available to any person as the Commission considers appropriate except where –(a) to do so would contravene a direction; or(b) the answer, document, other information or part contains information which is exempt information under the Freedom of Information Act 1991 .
(1) A person must not –(a) fail to comply with a requirement made under regulation 11(1) ; or(b) provide to the Commission oral or written information that the person knows or believes to be false or misleading in a material particular without informing the Commission of that knowledge or belief; or(c) contravene a direction given under regulation 12(2) ; or(d) hinder, obstruct or interfere with the Commission or any other person in the performance and exercise of its, his or her functions and powers under these regulations; or(e) take, or threaten to take, any action that detrimentally affects the employment of another person because that other person has assisted, is assisting or intends to assist the Commission in the performance and exercise of its functions and powers under these regulations.Penalty: Fine not exceeding 100 penalty units.(2) Despite subregulation (1) , a person is not required to comply with a requirement made under regulation 11(1) if to do so would tend to incriminate that person.
(1) After conducting an investigation into a complaint, the Commission must determine whether or not the complaint is justified.(2) If the Commission finds the complaint justified, the Commission must provide to the Minister, the Portfolio Minister, the Government body and the complainant a written report of that determination containing one or more of the following recommendations:(a) that the application of the principles be changed;(b) that the Government body be directed to change the manner in which it applies the principles to the service which is the subject of the complaint.(3) The determination of the Commission is final.(4) The complainant is not entitled to compensation for the adverse effects suffered.
15. Action by Minister and Portfolio Minister on determination
(1) Within 30 days after receiving a report referred to in regulation 14(2) that contains a recommendation of a kind referred to in regulation 14(2)(a) , the Minister must provide the Commission with written notice of any action he or she has taken or intends to take as a result of receiving that report.(2) Within 30 days after receiving a report referred to in regulation 14(2) that contains a recommendation of a kind referred to in regulation 14(2)(b) , the Portfolio Minister must provide the Commission with written notice of any action he or she has taken or intends to take as a result of receiving that report.
16. Action by Government body on determination
(1) Within 30 days after receiving a report referred to in regulation 14(2) that contains a recommendation of a kind referred to in regulation 14(2)(b) , the Government body must provide the Commission with written notice of any action it has taken or intends to take as a result of receiving that report.Penalty: Fine not exceeding 100 penalty units.(2) At any time after the end of the period referred to in subregulation (1) , the Commission may require the Government body, within the period specified in the requirement, to provide the Commission with information in respect of any action the Government body has taken or is still to take as a result of receiving the report referred to in regulation 14(2) .(3) A Government body must not contravene a requirement made under subregulation (2) .Penalty: Fine not exceeding 100 penalty units.
17. Refund of fee accompanying complaint
If the Commission determines that a complaint is justified, the Commission must refund to the complainant the fee paid under regulation 5(c) .
In its annual report made under section 40 of the Act, the Commission –(a) must include the particulars of any contravention of the principles admitted by a Government body in response to a complaint or determined by the Commission on an investigation; and(b) must include the particulars of action taken by a Government body as the result of such an admission or determination of a contravention of the principles; and(c) must include any other particulars or matters the Minister requires to be included; and(d) may include any other particulars or matters the Commission considers appropriate to be included.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 30 December 1998
These regulations are administered in the Department of Treasury and Finance.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations provide for the making, investigation and determination of complaints to the Government Prices Oversight Commission in respect of a contravention of any of the national competition policy competitive neutrality principles.