South Australian Numbered Acts South Australian Numbered Acts27—Substitution of Part 3 Division 2
Part 3 Division 2—delete the Division and substitute:
Division 2—Price regulation
33—Price regulation by determination of Commission
(1) The Commission may
make a determination under the Essential Services Commission Act 2002
regulating prices, conditions relating to prices and price-fixing factors
for—
(a) the
sale and supply of gas to small customers or customers of a prescribed class;
(b)
services provided in accordance with applicable retail market rules by a gas
entity operating a distribution system to a gas entity carrying on retailing;
(c)
services provided by a gas entity carrying on the business of a retail market
administrator to another gas entity;
(d) the
sale and supply of gas by a gas entity to customers of another gas entity in
accordance with a condition of the entity's licence imposed under Division 3B;
(e)
other goods and services in the gas supply industry specified by the Minister
by notice in the Gazette.
(2) Despite section 7
of the Essential Services Commission Act 2002 , the Minister may, by
notice published in the Gazette, direct the Commission about—
(a)
factors to be taken into account by the Commission in making a determination
in addition to those that the Commission is required by the
Essential Services Commission Act 2002 to take into account; and
(b) the
distributive effect as between classes of customers that a determination of a
kind referred to in subsection (1)(a), (b) or (c) may have; and
(c) the
period over which a determination of a kind referred to in subsection (1)(a),
(b) or (c) will allow cost recovery for costs incurred by gas entities in
preparing for full competition in the gas supply industry.
(3) The Minister may,
by further notice in the Gazette, vary or revoke a notice published by the
Minister under this section.
(4) Despite the
provisions of the Essential Services Commission Act 2002 , the operation
of a determination of a kind referred to in subsection (1)(a) is not to be
stayed pending the determination of an application for review or an appeal
under Part 6 of that Act.
(5) The Governor may,
by proclamation, fix a day on which subsection (2) expires.
33A—Recovery of prices for services provided in accordance with retail
market rules
A gas entity operating a distribution system is entitled to recover from
another gas entity carrying on the retailing of gas, as if there were an
agreement between the entities to that effect, prices for services provided by
it to the other entity in accordance with applicable retail market rules that
match the prices allowed for such services by an applicable determination of a
kind referred to in subsection (1)(b).