Queensland Competition Authority Regulation 2018

1Short title

This regulation may be cited as the Queensland Competition Authority Regulation 2018.

2Declaration of monopoly business activity—Act, s 20

(1)For section 20(1) of the Act, the government business activity of providing water and sewerage services by each of the following is declared to be a monopoly business activity—

(a)Bundaberg Regional Council;

(b)Cairns Regional Council;

(c)Gold Coast City Council;

(d)Logan City Council;

(e)Mackay Regional Council;

(f)Queensland Urban Utilities;

(g)Redland City Council;

(h)Rockhampton Regional Council;

(i)Toowoomba Regional Council;

(j)Townsville City Council;

(k)Unitywater.

(2)In this section—

Queensland Urban Utilities means the Central SEQ Distributor-Retailer Authority established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 8.

Unitywater means the Northern SEQ Distributor-Retailer Authority established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 8.

3Fees—Act, s 245

(1)For section 245(2) of the Act, the fee payable to the authority for providing a service or performing a function mentioned in schedule 1 is the amount—

(a)the authority considers to be reasonable; and

(b)that is not more than the reasonable cost of providing the service or performing the function.

(2)The amount may be recovered as a debt payable to the authority.

4Repeal

The Queensland Competition Authority Regulation 2007, SL No. 207 is repealed.

5Queensland Competition Authority Regulation 2007 references

A reference in any document to the Queensland Competition Authority Regulation 2007 may, if the context permits, be taken to be a reference to this regulation.

section 3

1each of the following services about pricing practices relating to a monopoly business activity under part 3, division 3 of the Act—

(a)giving advice;

(b)conducting an investigation;

(c)monitoring

2if requested by a government agency or another person carrying on a monopoly business activity—giving advice about pricing practices relating to the activity under part 3, division 5 of the Act

3considering a request to recommend, under part 5, division 2 of the Act—

(a)that a particular service be declared by the Minister; or

(b)that a declaration be revoked

4mediating an access dispute under part 5, division 5, subdivision 2A of the Act

5arbitrating an access dispute, including making an access determination, under part 5, division 5, subdivision 3 of the Act

6preparing or approving a draft access undertaking under part 5, division 7 of the Act

7preparing or approving a draft access undertaking amending an approved access undertaking under part 5, division 7 of the Act

8withdrawing an approved access undertaking under part 5, division 7 of the Act

9performing any other function of the authority under part 5, division 7 of the Act, other than a function mentioned in item 6, 7 or 8

10preparing or revising a cost allocation manual under part 5, division 9 of the Act

11considering a request to recommend, under part 5A, division 2 of the Act—

(a)that a particular candidate water supply activity be declared by the Minister to be a monopoly water supply activity; or

(b)that a declaration be revoked

12performing any function of the authority under part 5A, division 2, subdivision 7 of the Act, including making a water pricing determination for a monopoly water supply activity

13taking action under part 5A, division 6, subdivision 2 of the Act

14performing a function given to the authority under the Electricity Act 1994, the National Electricity (Queensland) Law, the National Electricity (Queensland) Regulations, the National Energy Retail Law (Queensland) Act 2014 or the National Energy Retail Law (Queensland)

15conducting an arbitration hearing about an application for arbitration under the Water Supply (Safety and Reliability) Act 2008, section 524(2)

16if directed by the Minister—monitoring compliance by a government agency, or conducting an arbitration hearing for resolving a dispute about a government agency’s compliance, with a code of conduct the agency has agreed to abide by

17performing any other function given to the authority under another Act