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FACT SHEET
Economic Regulator Amendment Bill 2015
The Economic Regulator Amendment Bill 2015 amends the Economic Regulator Act 2009,
the Electricity Supply Industry Act 1995, the Energy Ombudsman Act 1998, the Gas Act 2000,
the Gas Pipelines Act 2000, the Water and Sewerage Industry Act 2008, the Urban Drainage
Act 2013, the Metro Tasmania Act 1997 and related subordinate legislation.
The Bill:
o reduces the membership of the Regulator from a three person panel to a single
person with the capacity to appoint an Assistant Regulator for specific functions if
required;
o provides for the capacity to appoint an Acting Regulator in instances where the
Regulator is indisposed;
o requires that all appointments are to be made by the Minister responsible for the
Economic Regulator Act;
o allows for the appointment of the Regulator to be external to the State Service;
o removes the requirement for the Regulator to conduct Metro Tasmania pricing
investigations;
o requires the Department of State Growth to become responsible for reviewing
Metro Tasmania’s operations and providing advice on Metro Tasmania’s pricing to
the Minister for Infrastructure, who will issue future Metro pricing orders under the
Metro Tasmania Act;
o removes the requirement for the Regulator to undertake water and sewerage
performance reports each year, but instead requires the Regulator to produce a
performance report at the commencement of a water and sewerage prices
investigation (up to every 5 years) or if directed to by the Minister responsible for the
Water and Sewerage Industry Act, with the agreement of the Minister responsible for
the Economic Regulator Act;
o requires the Regulator to prepare an energy industry performance report at his or
her own initiative, or if directed to by the Energy Minister with the agreement of the
Minister responsible for the Economic Regulator Act;
o requires the Regulator to prepare interstate electricity price comparisons at his or her
own initiative or if directed to by the Minister responsible for the pricing-related
provisions in the Electricity Supply Industry Act, with agreement from the Minister
responsible for the Economic Regulator Act;
o requires the Regulator to produce annual comparisons of Aurora Pay as You Go
(APAYG) and standard tariff prices for electricity customers in Tasmania;
o requires the Regulator to prepare a report on Tasmania’s electricity network
reliability every three years or more frequently at the Regulator’s own initiative or if
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directed to by the Energy Minister, with the agreement of the Minister responsible for
the Economic Regulator Act;
o allows the Minister responsible for the Economic Regulator Act, with the agreement
of the relevant Portfolio Minister, to direct a publicly owned body to take actions
recommended by the Regulator in cases when the Regulator has upheld a
competitive neutrality complaint;
o allows the Regulator to impose financial penalties in cases of non-compliance by
regulated entities in the electricity supply and gas industries;
o requires the Regulator to have regard to the costs and benefits in determining how
the Regulator is to perform his or her functions and powers;
o allows the Regulator to use options other than newspaper notices to inform
stakeholders and the broader community about the Regulator’s activities, except in
the case of public hearings where newspaper notices are still required; and
o allows for the Regulator to appoint members of any advisory committee that he or
she establishes and determine the terms and conditions of appointment.
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