Water and Sewerage Industry (Community Service Obligation) Regulations 2009

Water and Sewerage Industry (Community Service Obligation) Regulations 2009

I, the Lieutenant-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 Water and Sewerage Industry (Community Service Obligation) Act 2009 .

E. C. CRAWFORD

Lieutenant-Governor

By His Excellency's Command,

MICHAEL AIRD

Treasurer

1.   Short title

These regulations may be cited as the Water and Sewerage Industry (Community Service Obligation) Regulations 2009 .

2.   Commencement

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

3.   Interpretation

In these regulations –

Act means the Water and Sewerage Industry (Community Service Obligation) Act 2009 .

4.   Persons eligible for concession

(1)  In this regulation –

Department of Veterans' Affairs Repatriation Health Gold Card means a card, known as the Repatriation Health Card – For All Conditions, that evidences a person’s eligibility, under the Veterans' Entitlements Act 1986 of the Commonwealth or the Military Rehabilitation and Compensation Act 2004 of the Commonwealth, to be provided with treatment for all injuries or diseases;

health care card means a health care card issued under the Social Security Act 1991 of the Commonwealth;

pensioner concession card means a pensioner concession card issued under the Social Security Act 1991 of the Commonwealth or as a fringe benefit under the Veterans' Entitlements Act 1986 of the Commonwealth;

persons with an entitlement means –

(a) persons who hold current pensioner concession cards; or

(b) persons who hold current pensioner concession cards that are for the time being inoperative because the persons are temporarily out of Australia; or

(c) persons who hold current health care cards; or

(d) persons who hold current Department of Veterans' Affairs Repatriation Health Gold Cards.

(2)  For the purposes of section 5(1)(a) , (2)(a) and (3)(a) of the Act, persons with an entitlement are eligible for the concession.

5.   Prescribed base rate

For the purposes of section 9(1) of the Act, the base amount for regulated entities is $130.

6.   Prescribed annual increase of base rate

(1)  [Regulation 6 Subregulation (1) amended by S.R. 2009, No. 146, Applied:25 Nov 2009] For the purposes of section 9(2) of the Act –

(a) the base amount for regulated entities for the 2010-2011 financial year is to be increased by 10%; and

(b) the base amount for regulated entities for the 2011-2012 financial year is to be increased by 10%; and

(c) the base amount for regulated entities for each financial year ("the subsequent year") after the 2011-2012 financial year is to be increased by the percentage equivalent to the average of the Hobart Consumer Price Index Number for the subsequent year.

(2)  For the purposes of subregulation (1) , the average of the Hobart Consumer Price Index Number for a financial year is the average of the Consumer Price Index Numbers for Hobart obtained for the 4 quarters ending in the previous calendar year.

(3)  The Treasurer must, before 1 March 2012 –

(a) review the base amount for regulated entities prescribed in subregulation (1)(c) ; and

(b) determine whether that subregulation ought to be amended or revoked in accordance with the result of the review.

(4)  In this regulation –

Hobart Consumer Price Index Number means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth.

7.   Prescribed institutions

For the purposes of section 5(2)(b) and (3)(b) of the Act, the following are prescribed institutions:

(a) a residential facility providing residential care as defined in section 41-3 of the Aged Care Act 1997 of the Commonwealth;

(b) a hospital providing care to nursing-home type patients as defined in section 3 of the Health Insurance Act 1973 of the Commonwealth;

(c) a facility providing psychiatric or psychological care to persons residing in the facility.

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

Notified in the Gazette on 30 September 2009

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