Australian Capital Territory Current Acts

UTILITIES (TECHNICAL REGULATION) ACT 2014 - SECT 10A

    (1)     A regulation may exempt a class of regulated utility service from this Act if, after consulting the technical regulator and having regard to the matters in subsection (2), the Minister is satisfied on reasonable grounds that—

        (a)     the class of regulated utility service is, either—

              (i)     adequately regulated under another law applying in the ACT; or

              (ii)     not required to be regulated; and

        (b)     exempting the class of regulated utility service will not significantly impede the objects under section 6 being achieved.

    (2)     For subsection (1), the Minister must have regard to the following:

        (a)     the nature and kind of regulated utility service;

        (b)     the level of risk of—

              (i)     a regulated utility service in the class failing; or

              (ii)     a regulated utility failing to provide a regulated utility service in the class in a safe, reliable and effective way;

        (c)     the consequences for consumers, public safety and the environment if—

              (i)     a regulated utility service in the class were to fail; or

              (ii)     a regulated utility were to fail to provide a regulated utility service in the class in a safe, reliable and effective way.