2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Independent Competition and Regulatory Commission Amendment Bill 2003

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Interpretation for Act
Section 3, new definition of declared fee	2
	5	New section 4C	2
	6	Procedure for industry reference investigations
New section 17 (4A)	3
	7	Section 17	3
	8	Principles for regulatory reference investigations Section 19J	3
	9	New section 19J (2)	3
	10	Directions about prices
New section 20 (2A)	4
	11	Section 20	4
	12	Consent variations
New section 24C (3A)	4
	13	Section 24C	4
	14	Procedure for nonconsent price variation investigation
Section 24H	4
	15	New section 24H (2)	5

2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Independent Competition and Regulatory Commission Amendment Bill 2003

A Bill for
An Act to amend the Independent Competition and Regulatory Commission Act 1997 

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Independent Competition and Regulatory Commission Amendment Act 2003.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Independent Competition and Regulatory Commission Act 1997.
4	Interpretation for Act
Section 3, new definition of declared fee
insert
declared fee means a fee declared under section 4C.
5	New section 4C
in part 1, insert
4C	Declared fees to be passed on to consumers 
	(1)	The Minister may declare, in writing, that—
	(a)	a statutory fee affects the cost of providing a utility service and may be passed on in full to consumers of the service; or
	(b)	a fee for a regulated service is to be passed on in full to consumers of the service.
	(2)	A declaration is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(3)	In this section:
statutory fee means a fee or charge determined under a disallowable instrument.
6	Procedure for industry reference investigations
New section 17 (4A)
insert
	(4A)	On an industry reference, the commission is not to question the amount of a declared fee under section 4C (Declared fee to be passed on to consumers) or the basis on which the fee is worked out.
7	Section 17
renumber subsections when Act next republished under Legislation Act
8	Principles for regulatory reference investigations
Section 19J 
omit
The commission
substitute
	(1)	The commission
9	New section 19J (2)
insert
	(2)	On a regulatory reference, the commission is not to question the amount of a declared fee under section 4C (Declared fee to be passed on to consumers) or the basis on which the fee is worked out.
10	Directions about prices
New section 20 (2A)
insert
	(2A)	Also, in making a decision under subsection (1), the commission must allow a declared fee under section 4C (Declared fee to be passed on to consumers) to be passed on in full to consumers of the service.
11	Section 20
renumber subsections when Act next republished under Legislation Act
12	Consent variations
New section 24C (3A)
insert
	(3A)	However, in deciding whether to consent to a variation, the commission must allow a declared fee under section 4C (Declared fee to be passed on to consumers) to be passed on in full to consumers of the service.
13	Section 24C
renumber subsections when Act next republished under Legislation Act
14	Procedure for nonconsent price variation investigation
Section 24H
omit
The commission
substitute
	(1)	The commission
15	New section 24H (2)
insert
	(2)	However, in deciding whether to vary a price direction under this division, the commission must allow a declared fee under section 4C (Declared fee to be passed on to consumers) to be passed on in full to consumers of the service.

Endnote
	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2003