(1)  In this regulation –

goods or a service includes the sale or supply of electricity but does not include a service specified in a transmission determination or a distribution determination.

(2)  The Regulator, by notice published in the Gazette (a declaration of a declared electrical service ), may declare goods or a service, specified in the notice, that are provided by an electricity provider specified in the notice, to be a declared electrical service.

(3)  The Regulator may only declare goods or a service that are provided by an electricity provider to be a declared electrical service if the Regulator is of the opinion that –

(a) the electricity provider has substantial market power in respect of the goods or service; and

(b) the promotion of competition, efficiency or the public interest requires the making of the declaration.

(4)  Before making a declaration of a declared electrical service, the Regulator must –

(a) give written notice of the Regulator's intention to make the declaration, and the reasons for making the declaration, to the electricity provider that the Regulator intends to specify in the declaration; and

(b) publish that notice in the daily Tasmanian newspapers that the Regulator considers appropriate; and

(c) allow the electricity provider and any other person to make written submissions to the Regulator in respect of the matter within the period, being a reasonable period, that is specified in that notice.

(5)  A declaration of a declared electrical service takes effect on the day the declaration is published in the Gazette under subregulation (2) or, if a later day is specified in the declaration, that later day.