South Australian Consolidated Acts South Australian Consolidated Acts35B—Initial electricity pricing order
(1) The Treasurer may
issue an order (an "electricity pricing order ) regulating prices, conditions
relating to prices and price-fixing factors for—
(a) the
sale and supply of electricity to non-contestable customers or customers of a
prescribed class;
(b) the
sale and supply of electricity to customers of another electricity entity as
required by a retailer of last resort requirement (see
section 23(1)(n)(ix));
(c)
subject to the National Electricity (South Australia) Law and the National
Electricity Code —network services;
(d)
other goods and services in the electricity supply industry.
(2) The Treasurer must
not issue an electricity pricing order after a date fixed by proclamation.
(3) An electricity
pricing order may regulate prices, conditions relating to prices or
price-fixing factors in any manner the Treasurer considers appropriate,
including—
(a)
fixing a price or the rate of increase or decrease in a price;
(b)
fixing a maximum price or maximum rate of increase or minimum rate of decrease
in a maximum price;
(c)
fixing an average price for specified goods or services or an average rate of
increase or decrease in an average price;
(d)
specifying pricing policies or principles;
(e)
specifying an amount 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 an amount determined by reference to quantity, location, period or
other specified factor relevant to the supply of specified goods or services;
(g)
fixing a maximum revenue, or maximum rate of increase or minimum rate of
decrease in maximum revenue, in relation to specified goods or services.
(4) An electricity
pricing order may provide that a calculation is to be performed, or a matter
is to be determined, by the Commission in a manner specified by the order.
(5) A determination of
the Commission for the purposes of an electricity pricing order will not,
except as provided in the order, be taken to be a determination for the
purposes of the Essential Services Commission Act 2002 .
(6) An electricity
pricing order may require an electricity entity to provide information to
other electricity entities, customers or others, or generally publish
information, relating to prices, conditions relating to prices or price-fixing
factors.
(7) An electricity
pricing order—
(a)
takes effect on a date specified in the order; and
(b)
cannot be varied (except as contemplated by the order) or revoked.
(8) Notice of the
making of an electricity pricing order must be published—
(a) in
the Gazette; and
(b) in a
newspaper circulating generally in the State.
(9) The notice must
include a brief description of the nature and effect of the electricity
pricing order and state how a copy of the order may be inspected or purchased.
(10) The Treasurer
must—
(a) send
a copy of an electricity pricing order to each licensed entity to which the
order applies; and
(b)
ensure that copies of the order are available for inspection and purchase by
members of the public.
(10a) The following
provisions apply in relation to the electricity pricing order notified in the
Gazette on 11 October 1999 at page 1471:
(a)
despite subsection (7), the order is varied as proposed by the Treasurer
by notice published in the Gazette on 28 June 2000 at page 3397 and is further
varied as proposed by the Minister by notice published in the Gazette on
5 December 2002 at page 4458;
(b) the
Minister must ensure that copies of the order as so varied are sent to each
licensed entity to which the order applies and are made available for
inspection and purchase by members of the public;
(c) a
reference to the order in any document is, unless the context otherwise
requires, to be taken to be a reference to the order as so varied.
(11) An
electricity entity must comply with an electricity pricing order or part of an
electricity pricing order that applies to the entity.
(12) The Commission
must—
(a)
perform any functions that an electricity pricing order contemplates will be
performed by the Commission for the purposes of the order; and
(b)
enforce an electricity pricing order in the same way as if it were a
determination of the Commission under this Division.
(13) The Commission's
powers under this Division and the Essential Services Commission Act 2002
are restricted to the extent specified in an electricity pricing order.
(14) In this
section—
"price" includes a price range.