Part 1 Preliminary

1   Name of Act

This Act is the Independent Pricing and Regulatory Tribunal Act 1992.

2   Commencement

This Act commences on a day or days to be appointed by proclamation.

3   Definitions

(1)  In this Act:

access regime means a scheme (whether of a legislative, administrative or other kind) set up for the purpose of implementing the Competition Principles Agreement in respect of third-party access to services provided by means of infrastructure facilities owned, controlled or operated by a public or private sector body, where service:

(a)  includes the use of an infrastructure facility (such as a road or railway), the handling or transporting of things (such as goods or people) or a communications service or similar service, but

(b)  does not include the supply of goods, the use of intellectual property or the use of a production process, except to the extent that that supply or use is an integral but subsidiary part of the service.

Chairperson means the Chairperson of the Tribunal.

Competition Principles Agreement means the Competition Principles Agreement made on 11 April 1995 by the Commonwealth, the Territories and the States, as in force for the time being.

government agency means any public or local authority which supplies services to the public or any part of the public, and includes a government department, state owned corporation or public utility undertaking which supplies such services.

government monopoly service is defined in section 4.

portfolio Minister:

(a)  in relation to a statutory State owned corporation—has the same meaning as in the State Owned Corporations Act 1989, or

(b)  in relation to any other government agency or public authority—means the Minister who is responsible for the agency or authority,

      or such other Minister as is nominated by the Premier by order published in the Gazette.

price includes any rate, fee, levy and charge and any other valuable consideration (however described), but does not include a State tax.

pricing policies includes policies relating to the level or structure of prices for services.

public infrastructure access regime means an access regime that relates to services provided by means of infrastructure facilities owned, controlled or operated by a government agency.

service includes:

(a)  the supply of water, electricity, gas or other thing (whether or not of the same kind), and

(b)  the provision of public transport, and

(c)  the making available for use of facilities of any kind, and

(d)  the conferring of rights, benefits or privileges for which the price is payable in the form of royalty, tribute, levy or similar exaction, and

(e)  the exercise of the general functions of a public or local authority for which a rate or levy is payable by a section of the public,

      but does not include anything for which a State tax is payable.

State tax means a tax such as land tax or stamp duty which is imposed for the public revenue purposes of the State.

Tribunal means the Independent Pricing and Regulatory Tribunal of New South Wales established by this Act.

(2)  In this Act:

(a)  a reference to a function includes a reference to a power, authority and duty, and

(b)  a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3)  Notes included in this Act do not form part of this Act.

4   Government monopoly services

(1)  For the purposes of this Act, a government monopoly service is a service supplied by a government agency and declared by the regulations or the Minister to be a government monopoly service.

Editorial note. For declarations under this subsection, see the Historical notes at the end of this Act.

(2)  A service may be declared to be a government monopoly service if the Minister certifies that it is a service:

(a)  for which there are no other suppliers to provide competition in the part of the market concerned, and

(b)  for which there is no contestable market by potential suppliers in the short term in that part of the market.

(3)  A service may be declared to be a government monopoly service by reference to:

(a)  a service specified or described in the declaration, or

(b)  the service for which a price specified or described in the declaration is payable.

(4)  A declaration of a service by the Minister is to be made by order published on the NSW legislation website.

(5)  To avoid doubt the service for which a navigation service charge under Part 5 of the Ports and Maritime Administration Act 1995 is payable is capable of being declared to be a government monopoly service. The relevant port authority (within the meaning of that Part) is taken to be the supplier of that service.

(6)  To avoid doubt, the services for which fees and charges are payable under Chapter 3 of the Water Management Act 2000 are capable of being declared to be government monopoly services. The Water Administration Ministerial Corporation is taken to be the supplier of any such service.

(7)  To avoid doubt, the services for which fees and charges are payable under the State Water Corporation Act 2004 are capable of being declared to be government monopoly services. State Water Corporation is taken to be the supplier of any such service.