South Australian Consolidated Acts

GOVERNMENT BUSINESS ENTERPRISES (COMPETITION) ACT 1996 - SECT 9

9—Requirement to make investigation and make pricing recommendation

        (1)         The Minister may assign a Commissioner to carry out an investigation into the prices charged by a declared GBE in a declared market—whether or not a pricing recommendation relevant to those prices is current.

        (2)         If a declared GBE notifies its portfolio Minister of an intention to increase prices for services provided in a declared market and there is no current pricing recommendation relevant to those prices, the Minister must, at the request of the portfolio Minister, assign a Commissioner to carry out an investigation into the prices charged by the GBE in the declared market.

        (3)         A Commissioner cannot be assigned to carry out an investigation into the prices charged by a GBE in a declared market if—

            (a)         the Commissioner has a business or commercial relationship with the GBE (other than a relationship of a kind that is common to a substantial section of the public); or

            (b)         the Commissioner is, for some other reason, subject to influence or control by the GBE.

        (4)         A Commissioner assigned to carry out an investigation under this section must—

            (a)         carry out an investigation to enable the Commissioner to make a pricing recommendation about the prices to be charged by a declared GBE for services provided in the declared market; and

            (b)         provide a report on the investigation (including a pricing recommendation) within a period fixed by the Minister.