Government Business Enterprises (Competition) Act 1996 (SA)

South Australia Government Business Enterprises (Competition) Act 1996 An Act to provide for oversight of the prices charged by government business enterprises; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Pricing recommendation Part 2—Competition Commissioners 5 Appointment of Commissioners 6 Independence of the Commissioners 7 Power to require attendance of witness or production of documents Part 3—Prices oversight Division 1—GBE subject to prices oversight 8 Liability to prices oversight Division 2—Investigation 9 Requirement to make investigation and make pricing recommendation 10 Budget for carrying out investigation 11 Public notice of investigation 12 Matters to be considered by Commissioner in carrying out investigation 13 Draft report and pricing recommendation 14 Final report Division 3—Limitation on GBE's power 15 Increase of prices Part 4—Principles of competitive neutrality 16 Principles of competitive neutrality 17 Complaints 18 Assignment of Commissioner 19 Investigation of complaint by Commissioner Part 5—Miscellaneous 20 Confidentiality 21 Annual report 22 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Government Business Enterprises (Competition) Act 1996. 3—Interpretation In this Act— confidential information means— (a) information that is commercially sensitive or otherwise of its nature confidential; or (b) information that is provided on a confidential basis; or (c) information that is declared by its terms to be confidential or is affected by a contractual requirement as to confidentiality; or (d) information that is otherwise affected by a requirement as to confidentiality, but does not include information that is publicly available (unless the information became publicly available through a breach of a duty of confidentiality); declared GBE means a GBE declared to be subject to prices oversight under Part 3;1 declared market means a market in which a declared GBE is subject to prices oversight;2 documentary material includes a computer disk, tape or other medium in which information is recorded; GBE means a government agency that carries on commercial operations; government agency means— (a) a Minister; or (b) an administrative unit of the Public Service; or (c) any other agency or instrumentality of the Crown that is subject to control or direction by a Minister; local government agency means— (a) a council, or a body established by a council, under the Local Government Act 1999; or (b) the Local Government Finance Authority of South Australia; portfolio Minister, in relation to a GBE, means the Minister to which the GBE is responsible; pricing recommendation — See section 4; principles of competitive neutrality — See section 16(2); services includes the supply of goods. Examples— • water reticulation; • sewerage services; • electricity supply. Notes— 1 See section 8(1). 2 See section 8(3)(a). 4—Pricing recommendation (1) A pricing recommendation— (a) may contain recommendations about pricing principles; or Examples— For example, a pricing recommendation may recommend price setting by reference to— • the location, quantity, or period of supply of the services; or • a general price index, the cost of production, revenue, rate of return on assets, or any other factor. (b) may recommend price limitations. Examples— For example, a pricing recommendation may contain recommendations about— • maximum prices, or the maximum rate of increase or the minimum rate of decrease, in maximum prices; • average prices or average rates of increase or decrease in average prices. (2) A pricing recommendation remains current until— (a) superseded by a later pricing recommendation; or (b) if not superseded during a term (which cannot exceed 5 years) stated in the recommendation—the end of that term. (3) A pricing recommendation is only advisory and does not bind the GBE to which it relates.