(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, water supply authority 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.
water supply authority has the same meaning as it has in the Water Management Act 2000.(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.