Australian Capital Territory Numbered Acts

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INDEPENDENT PRICING AND REGULATORY (NO. 77 OF 1997) - SECT 3

Interpretation

3. (1) In this Act—“access agreement” means an agreement under an access regime for the granting of access to services provided by means of the infrastructure facilities to which the access regime relates; “access regime” means a scheme (whether of a legislative or administrative nature, or any other nature) 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 wholly or partly located within the Territory that are wholly or substantially owned, controlled or operated by a single person, being services—

(a) including 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; and

(b) not including 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;

“Commission” means the Independent Pricing and Regulatory Commission of the Australian Capital Territory established under section 5;
“Commissioner” means the Commissioner appointed under clause 1 of Schedule 1;
“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;
“confidential information”, in relation to information, a document given to the Commission under section 41 or a proposed agreement or agreement a copy of which is given to the Commission under section 25 or 26, means such information, or information in such a document, proposed agreement or agreement that was, at the time that it was given, stated by the person giving it to be confidential or commercially sensitive;
“determination” means an arbitration determination under section 35;
“function” includes a power and a duty;
“industry” includes—

(a) an industry of any kind (including a business or activity relating to goods and services);

(b) a particular industry or part of an industry; and

“investigation” means an investigation under Part III;
“price” includes any rate, fee, levy and charge and any other valuable consideration (however described), but does not include a Territory tax;
“price direction” means a direction about prices for the supply of regulated services under section 20;
“price regulation” means the regulation of prices in relation to the supply and sale of goods and services within a regulated industry;
“reference” means a reference to the Commission under section 15;
“referring authority” means—

(a) in relation to an industry engaged in the supply in the Territory of electricity, water or sewerage services—the Minister;

(b) in relation to any other regulated industry—the Minister who has, under section 4, declared that industry to be regulated;

(d) in relation to another industry, or to industries in general—the Minister; or

(e) in relation to a reference provided for by another law of the Territory—the person authorised under that law to refer a matter to the Commission;

“regulated industry” means—

(a) an industry engaged in the supply in the Territory of electricity, water or sewerage services; or

(b) any other industry declared to be a regulated industry under section 4;

“regulated services” means services provided in a regulated industry.

(2) If 2 or more persons jointly own, control or operate infrastructure facilities—

(a) a reference in this Act to the ownership, control or operation of infrastructure facilities includes a reference to the jointly owned, controlled or operated infrastructure facilities; and

(b) a reference in this Act to a person (or a single person) who owns, controls or operates infrastructure facilities includes a reference to each joint owner, controller or operator.

(3) If 2 or more persons jointly provide services (whether those services are provided directly or on those persons' behalf)—

(a) a reference in this Act to the provision of services includes a reference to the jointly provided services; and

(b) a reference in this Act to a person (or a single person) who provides services (or on whose behalf services are provided) includes a reference to each joint provider.

4 . (1) Any Minister may, by instrument, declare an industry to be a regulated industry for the purposes of this Act.

(2) A Minister may make a declaration under subsection (1) if he or she certifies that—

(a) the industry infrastructure facilities are in whole or in part owned, controlled or operated by the Territory or a Territory authority;

(b) the industry involves the provision of services in the Territory in whole or in part by or on behalf of the Territory or a Territory authority;

(c) the industry infrastructure facilities are wholly or substantially owned, controlled or operated by a single person; or

(d) the industry involves the provision of services in the Territory wholly or substantially by or on behalf of a single person.

(3) An instrument made by the Minister under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

5 . (1) There shall be an Independent Pricing and Regulatory Commission for the Australian Capital Territory.

(2) The Commission—

(a) is a body corporate with perpetual succession;
(b) shall have a common seal;

(c) may acquire, hold and dispose of real and personal property; and

(d) may sue and be sued in its corporate name.

(3) The common seal of the Commission shall be kept in such custody as the Commission directs and shall not be used except as authorised by the Commission.

(4) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and shall presume that it was duly affixed.

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