AustLII Tasmanian Numbered Acts

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WATER AND SEWERAGE INDUSTRY ACT 2008 (NO. 13 OF 2008) - SECT 88

PART 6 - Transition to New Regulatory Arrangements Interim price order

(1)  The Treasurer may, by notice published in the Gazette and in daily newspapers published and circulating in Tasmania, make an interim order in relation to the prices, terms and conditions for the provision of a regulated service.
(2)  Before an interim order may be made under subsection (1) , the Treasurer must obtain advice from the Regulator in relation to the matters contained in the order.
(3)  An order made under this section remains in force until the commencement of the first regulatory period fixed under section 65(12) .
(4)  A regulated entity must comply with an order made under this section.
Penalty:  Fine not exceeding 500 penalty units.
(5)  Without limiting the generality of subsection (1) , an order made under this section may provide for one or more of the following:
(a) fixing the price or the rate of increase or decrease in the price for a regulated service;
(b) fixing a maximum and minimum price or maximum rate of increase or decrease or minimum rate of increase or decrease in the maximum and minimum price for a regulated service;
(c) fixing an average price for a regulated service or an average rate of increase or decrease in the average price;
(d) specifying pricing policies or principles that are to be applied in relation to a regulated service;
(e) specifying a price determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;
(f) specifying a price determined by reference to quantity, location, period or other specified factor relevant to the rate or provision of a regulated service;
(g) fixing a maximum and minimum revenue or maximum rate of increase or decrease or minimum rate of increase or decrease in the maximum and minimum revenue in relation to regulated services;
(h) specifying a factor or factors to be applied, and the manner in which such a factor is or factors are to be applied, in setting prices, terms and conditions for a regulated service.
(6)  An order made under this section may impose functions and confer powers on the Regulator relating to the prices, terms and conditions for the provision of a regulated service specified in such an order.
(7)  The Treasurer is to give a copy of an order made under this section to each regulated entity that provides a regulated service to which the order applies.
(8)  If there is an inconsistency between this Act and regulations made under this Act and any order made under this section, this Act or the regulations prevail to the extent of the inconsistency.



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