Tasmanian Numbered Acts

WATER AND SEWERAGE INDUSTRY ACT 2008 (NO. 13 OF 2008)

- Act 13 of 2008
- Royal Assent 13 June 2008

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Act binds Crown

   PART 2 - Objective of Act

   5.      Objective of Act

   PART 3 - Administration

   6.      Functions of Minister
   7.      Powers of Minister
   8.      Minister may establish committees
   9.      Delegation of Minister's functions and powers
   10.     Exemption from Act

   PART 4 - Regulation of Water and Sewerage Industry

           Division 1 - RegulatorSubdivision 1 - Functions and powers

   11.     The Regulator
   12.     Functions of Regulator
   13.     Powers of Regulator
   14.     Delegation of Regulator's functions and powers
   15.     Matters to which Regulator is to have regard
   16.     Independence of Regulator
   17.     Regulator's power to require information
   18.     Power to direct regulated entities to keep records
   19.     Special reports to Minister
   20.     General provisions relating to codes
   21.     Publication and availability of codes
   22.     Review, amendment and replacement of codes
   23.     Guidelines for conduct of Regulator
   24.     Advisory committees
   25.     Staff of Regulator
   26.     Assistance and facilities
   27.     Funds
   28.     Annual report of Regulator
   29.     Tabling of annual report

           Division 2 - Licensing of regulated entitiesSubdivision 1 - Licensing

   30.     Requirement for licence
   31.     Declaration of regulated activities and non-regulated activities
   32.     Deemed licensee
   33.     Contravening person still subject to regulated entity obligations
   34.     Applications for licences
   35.     Determination of applications by Regulator
   36.     Duration of licences
   37.     Conditions of licences
   38.     Matters to be included in licence
   39.     Annual licence fees
   40.     Variation of licence conditions
   41.     Enforcement of licences
   42.     Regulator's power of direction
   43.     Suspension and cancellation of licences in public interest
   44.     Activities not authorised
   45.     Regulated entities to be notified of proposed action
   46.     Review of licences
   47.     Emergency directions
   48.     Register of licences
   49.     Declaration of reserve supplier
   50.     Licence cannot be transferred
   51.     Surrender of licence
   52.     Applying for cancellation of licence as regulated entity
   53.     No compensation is payable
   54.     Notice of proposed or anticipated stoppage of provision of regulated service
   55.     Power to take over operations
   56.     Appointment of step-in-operator

           Division 3 - Customer service code

   57.     Customer service code

           Division 4 - Customer contract

   58.     Regulator may require customer contracts
   59.     Publication of customer contracts
   60.     Entering into customer contracts
   61.     Division not to preclude certain contracts
   62.     Variation of customer contracts

           Division 5 - Price regulation

   63.      Application of this Division
   64.     Price regulation of regulated services
   65.     Price and service plan
   66.     Price determinations
   67.     General provisions relating to determinations
   68.     Pricing principles

           Division 6 - Performance monitoring, reporting and audits

   69.     Performance monitoring and reporting
   70.     State of the industry report
   71.     Auditing
   72.     Audits requested by Minister
   73.     Publication of audit results
   74.     Costs of audit

           Division 7 - Complaints and disputes

   75.     Customer complaints process
   76.     Complaints to Ombudsman
   77.     Compliance with Ombudsman's decision

   PART 5 - Administrative Review of Regulator's Decisions

   78.     Definitions used in this Part
   79.     Applications for review
   80.     Grounds for review
   81.     Intervention by others in a review without leave
   82.     Leave for interveners
   83.     Parties to a review under this Part
   84.     Interveners and the Regulator may raise new grounds for review
   85.     Court may terminate review
   86.     Effect of application on operation of reviewable decision
   87.     Court's determination

   PART 6 - Transition to New Regulatory Arrangements

   88.     Interim price order
   89.     Interim licences
   90.     Interim exemption from requirement to be licensed

   PART 7 - Miscellaneous

           Division 1 - Authorised officers

   91.     Appointment of authorised officers
   92.     Conditions of appointment
   93.     Authorised officer's identity card
   94.     Production of identity card
   95.     Power of entry
   96.     General investigative powers of authorised officers
   97.     Authorised officer’s power to require information
   98.     Care to be taken
   99.     Compensation

           Division 2 - General

   100.    Service of infringement notices
   101.    Confidentiality
   102.    False or misleading information
   103.    Exclusion of personal liability
   104.    Liability of regulated entity
   105.    Offences by corporations
   106.    Liability of employers and principals
   107.    Liability of officers of body corporate
   108.    Regulator's costs
   109.    Recovery of monetary penalties
   110.    Recovery of unpaid fees, charges, &c.
   111.    Payments into Consolidated Fund
   112.    Evidentiary certificates
   113.    Evidentiary provision for documents
   114.    Notices not statutory rules
   115.    Regulations
   116.    Administration of Act
   117.    Consequential Amendments
           SCHEDULE 1