Government Prices Oversight Amendment Regulations 2002

Government Prices Oversight Amendment Regulations 2002

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 .

16 December 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

DAVID CREAN

Treasurer

1.   Short title

These regulations may be cited as the Government Prices Oversight Amendment Regulations 2002 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Government Prices Oversight Regulations 1998 are referred to as the Principal Regulations.

4.    Part 1: Heading inserted

The Principal Regulations are amended by inserting the following heading before regulation 1 :

Preliminary

5.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended by omitting the definition of Government body .

6.    Part 2: Heading inserted

The Principal Regulations are amended by inserting the following heading after regulation 3 :

Complaints

7.    Regulation 13 rescinded

Regulation 13 of the Principal Regulations is rescinded.

8.    Regulation 18 substituted

Regulation 18 of the Principal Regulations is rescinded and the following Parts are substituted:

PART 3 - Inquiry into Pricing Matter on Minister's Direction

19.   Functions of Commission

The conduct of an inquiry into, and the reporting to the Minister of the findings of an inquiry into, a matter relating to or affecting the pricing policies of a prescribed body at the direction of the Minister under regulation 20 is prescribed as a function of the Commission under section 10(d) of the Act.

20.   Minister's direction to inquire

(1)  The Minister may direct the Commission to inquire into and report to him or her on a matter relating to or affecting the pricing policies of a prescribed body.

(2)  The Minister may make a direction at his or her own discretion or at the request of –

(a) the Commission; or

(b) a Portfolio Minister; or

(c) a prescribed body.

(3)  The Minister must not give a direction –

(a) unless satisfied that undertaking the proposed inquiry would not interfere with the ability of the Commission to exercise its other functions; and

(b) unless he or she has first consulted with the Portfolio Minister; and

(c) if the direction relates to one or more Local Government Bodies, unless he or she has first consulted with that body or such of those bodies, or the Local Government Association of Tasmania, as the Minister considers appropriate.

(4)  A direction –

(a) may be made in respect of one or more prescribed bodies; and

(b) is to be in writing; and

(c) is to contain the terms of reference for the inquiry; and

(d) may specify a contract or class of contract the terms of which the Commission must not investigate in relation to prices or publish to any person; and

(e) is to specify the day by which the Commission is to provide a final report on the inquiry to the Minister; and

(f) is to specify who is liable to pay the costs of the inquiry and what proportion of those costs that person is liable to pay.

(5)  In determining the liability to pay the costs of an inquiry, the Minister and Portfolio Minister, jointly, may determine that –

(a) the Commission is to pay all or a proportion of the costs of the inquiry; and

(b) a prescribed body which is the subject of the inquiry is to pay all or a proportion of the costs of the inquiry.

(6)  The Minister may amend or rescind a direction, by written notice provided to the Commission and all prescribed bodies who are subject to the direction, if the Commission has not provided a final report on the inquiry to the Minister.

21.   Conduct of inquiry

(1)  Subject to these regulations, the Commission may conduct an inquiry under this Part 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 inquiry under this Part, the Commission –

(a) is not bound by rules of evidence but may inform itself of any matter in any manner it considers appropriate; and

(b) has the power to do all things it considers necessary or convenient for the purposes of the inquiry.

22.   Report

The Commission must provide, by the day specified in the direction to undertake an inquiry under this Part –

(a) a report of its findings in the inquiry to the Minister; and

(b) unless the direction to undertake the inquiry specifies otherwise, a copy of that report to all prescribed bodies that are the subjects of the inquiry and their Portfolio Ministers.

PART 4 - Miscellaneous

23.   Offences under Part 2

(1)  In an investigation under Part 2 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.

24.   Offences under Part 3

In an inquiry under Part 3 , a person must not –

(a) 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

(b) hinder, obstruct or interfere with the Commission or any other person in the conduct of the inquiry; or

(c) 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 conduct of the inquiry.

Penalty:  Fine not exceeding 100 penalty units.

25.   Annual report

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 prescribed body in response to a complaint or determined by the Commission on an investigation or inquiry; and

(b) must include the particulars of action taken by a prescribed 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.

9.   Substitutions

Each of the provisions of the Principal Regulations specified in Column 1 of Schedule 1 is amended by omitting "Government body" on the number of occurrences specified in Column 2 of that Schedule and substituting "prescribed body".

SCHEDULE 1 - Substitutions

Regulation 9

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 December 2002

These regulations are administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Government Prices Oversight Regulations 1998 by imposing on the Commission the function of acting as a consultant in relation to the pricing policies of Government Agencies, Government Business Enterprises, statutory authorities, State-owned companies and Local Government Bodies.