Commerce Amendment Act (No 2) 2004

1: Title
1: This Act is the Commerce Amendment Act (No 2) 2004.
2: In this Act, the Commerce Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) document Electricity Commission section 172M of the Electricity Act 1992 .
4: New
section 57CA The principal Act is amended by inserting, after section 57C
57CA: Impact of certain decisions made under
Gas Act 1992
1: This section applies if—
a: the Commission is exercising powers under this Part or sections 70 to 72
b: the industry body is approved or the Energy Commission is established under Part 4A of the Gas Act 1992
2: The Commission must take into account, before exercising any of its powers under this Part or sections 70 to 72
a: any gas governance regulation or rule under Part 4A of the Gas Act 1992
b: the levy payable by any pipeline owner under the Gas Act 1992
3: The Commission must, if asked by the Energy Commission to do so, reconsider an existing authorisation or undertaking and, to the extent that the Commission considers it necessary or desirable to do so, vary the authorisation or accept a revised undertaking, to take account of any matter referred to in subsection (2)
5: New
sections 57DA to 57DF
1: The principal Act is amended by inserting, after section 57D
57DA: Body that exercises jurisdiction under this Part
1: The Commerce Commission established under this Act is the body that exercises jurisdiction under this Part in respect of a large electricity lines business unless an Order in Council is in force under section 57DB or section 57DC
2: Jurisdiction under this Part, in this section and sections 57DB to 57DF sections 70 to 72
57DB: Transfer of jurisdiction in respect of Transpower
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Energy, at any time, transfer to the Electricity Commission the jurisdiction under this Part in respect of Transpower.
2: Section 57DD
57DC: Transfer of jurisdiction relating to other large electricity lines businesses
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Energy, transfer to the Electricity Commission the jurisdiction under this Part in respect of all other large electricity lines businesses.
2: The order may be made no earlier than 30 September 2007.
3: The order may transfer different parts of that jurisdiction on different dates, provided that the transfer of the jurisdiction to administer thresholds, and to make and enforce declarations of control, may not take effect before the later of—
a: 18 months after the order is made; or
b: 1 April 2009.
4: The order may also specify the extent to which, or the purposes for which, references in sections 86, 87, 88, 88A, 91, 92, 93, 94, 98, 99, and 100
5: Section 57DD
57DD: Procedure before jurisdiction order can be made
1: The Minister of Energy may make a recommendation for the purpose of section 57DB or section 57DC
a: he or she has consulted with representatives of industry participants and representatives of consumers; and
b: he or she has consulted with the Electricity Commission and the Commerce Commission and has sought a recommendation from them; and
c: he or she is satisfied that the transfer of jurisdiction that would occur would result in—
i: more efficient and effective achievement of the purposes of this Part; and
ii: more efficient and effective achievement of the purposes of the Electricity Act 1992
iii: lower compliance costs for industry participants in the electricity distribution and transmission markets.
2: Industry participant Electricity Act 1992
57DE: Levies during transition in jurisdiction
1: The costs of the Commerce Commission during any period after an order is made to transfer jurisdiction under this Part may continue to be met via levy regulations under section 57ZK or section 74
2: The costs of the Electricity Commission in respect of jurisdiction that is transferred to it must be met via levy regulations under the Electricity Act 1992
57DF: Ministerial powers
The Minister of Energy may not set objectives and outcomes under section 172ZK of the Electricity Act 1992
6: New
sections 57GA to 57GG The principal Act is amended by inserting, after section 57G
57GA: Incorporation by reference of material in thresholds
1: The Commission may incorporate by reference in a threshold any written material that deals with technical matters and is too large or impractical to include in, or print as part of, the threshold.
2: Material may be incorporated by reference in a threshold—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the threshold.
3: Material incorporated by reference in a threshold has legal effect as part of the threshold.
57GB: Effect of amendments to, or replacement of, material incorporated by reference in thresholds
An amendment to, or replacement of, material incorporated by reference in a threshold ( threshold A section 57G
57GC: Amendments to, or replacement of, material incorporated by reference to be of same general character as original material
A threshold may not be made under section 57G
57GD: Proof of material incorporated by reference
1: A copy of material incorporated by reference in a threshold, including any amendment to, or replacement of, the material, ( material
a: certified as a correct copy of the material by the Chair-man; and
b: retained by the Chairman.
2: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the threshold of the material.
57GE: Effect of expiry of material incorporated by reference
Material incorporated by reference in a threshold that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the threshold only if a threshold made under section 57G
57GF: Requirement to consult
1: This section applies to—
a: a threshold under section 57G
b: a threshold under section 57G
2: Before a threshold to which this section applies is made, the Chairman must—
a: make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference ( proposed material
b: make copies of the proposed material available for purchase at a reasonable price at the head office of the Commission; and
c: make copies of the proposed material available free of charge on an Internet website maintained by, or on behalf of, the Commission; and
d: give notice in the Gazette
i: the proposed material is available for inspection during working hours free of charge, the place at which it can be inspected, and the period during which it can be inspected; and
ii: copies of the proposed material can be purchased and the place at which they can be purchased; and
e: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
f: consider any comments they make.
3: The reference in subsection (1)
4: A failure to comply with this section does not invalidate regulations that incorporate material by reference.
57GG: Access to material incorporated by reference
1: The Chairman must—
a: make the material referred to in subsection (2) material
b: make copies of the material available for purchase at a reasonable price at the head office of the Commission; and
c: make copies of the material available on an Internet website maintained by, or on behalf of, the Commission; and
d: give notice in the Gazette
i: the material is incorporated in the threshold and the date on which the threshold was made; and
ii: the material is available for inspection during working hours free of charge and the place at which it can be inspected; and
iii: copies of the material can be purchased and the place at which they can be purchased; and
iv: the material is available on the Internet, free of charge, and the website address.
2: The material is—
a: material incorporated by reference in a threshold under section 57GA
b: any amendment to, or replacement of, that material that is incorporated in the threshold or the material referred to in paragraph (a)
c: if the material referred to in paragraph (a) or paragraph (b)
3: A failure to comply with this section does not invalidate regulations that incorporate material by reference.
57GF: Requirement to consult
1: This section applies to—
a: a threshold under section 57G
b: a threshold under section 57G
2: Before a threshold to which this section applies is made, the Chairman must—
a: make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference ( proposed material
b: make copies of the proposed material available for purchase at a reasonable price at the head office of the Commission; and
c: make copies of the proposed material available free of charge on an Internet website maintained by, or on behalf of, the Commission; and
d: give notice in the Gazette
i: the proposed material is available for inspection during working hours free of charge, the place at which it can be inspected, and the period during which it can be inspected; and
ii: copies of the proposed material can be purchased and the place at which they can be purchased; and
e: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
f: consider any comments they make.
3: The reference in subsection (1)
4: A failure to comply with this section does not invalidate regulations that incorporate material by reference.
57GG: Access to material incorporated by reference
1: The Chairman must—
a: make the material referred to in subsection (2) material
b: make copies of the material available for purchase at a reasonable price at the head office of the Commission; and
c: make copies of the material available on an Internet website maintained by, or on behalf of, the Commission; and
d: give notice in the Gazette
i: the material is incorporated in the threshold and the date on which the threshold was made; and
ii: the material is available for inspection during working hours free of charge and the place at which it can be inspected; and
iii: copies of the material can be purchased and the place at which they can be purchased; and
iv: the material is available on the Internet, free of charge, and the website address.
2: The material is—
a: material incorporated by reference in a threshold under section 57GA
b: any amendment to, or replacement of, that material that is incorporated in the threshold or the material referred to in paragraph (a)
c: if the material referred to in paragraph (a) or paragraph (b)
3: A failure to comply with this section does not invalidate regulations that incorporate material by reference.
7: Priorities
Section 57K(1)
a: omitting from paragraph (b) ; or
b: repealing paragraph (c)
8: Authorisations and undertakings
Section 57M
2: The Commission may not make an authorisation, or accept an undertaking, in respect of all or any component of the quality standards of Transpower.
9: New
section 57MA The principal Act is amended by inserting, after section 57M
57MA: Impact of certain decisions made under
Electricity Act 1992
1: The Electricity Commission must advise the Commerce Commission as soon as practicable after making any recommendation for an electricity governance regulation or rule under subpart 2 of Part 14 of the Electricity Act 1992 sections 70 to 72
2: The Commission must take into account, before exercising any of its powers under this Part or sections 70 to 72
a: any electricity governance regulation or rule, or decision made under them, that relates to or affects the quality standards or pricing methodologies applicable to Transpower:
b: any electricity governance regulation or rule, or decision made under them, that relates to or affects the pricing methodologies applicable to any other line owner:
c: the levy payable by Transpower or any other line owner under section 172ZC of the Electricity Act 1992
3: The Commission must, if asked by the Electricity Commission to do so, reconsider an existing authorisation or undertaking and, to the extent that the Commission considers it necessary or desirable to do so, vary the authorisation or accept a revised undertaking, to take account of any matter referred to in subsection (2)
10: Subpart 2 repealed
1: Part 4A
2: Section 91(1)(a) subparagraph (iii)
3: Section 91(1)(b) subparagraph (ii)
11: Sections relating to recalibration of asset values of large electricity line owners repealed
1: The principal Act is amended by repealing sections 57X to 57ZC section 57X
2: Section 57ZJ(1)
a: omitting from paragraph (b) ; or
b: repealing paragraphs (c) (d)
3: Section 57ZJ(2) or subsection (1)(d)
4: Section 57ZJ(3) or subsection (1)(c)
5: Section 91(1)(a) subparagraph (iv)
12: Consequential amendments to
Ministry of Energy (Abolition) Act 1989
1: The heading to section 13 Ministry of Energy (Abolition) Act 1989 prices goods or services
2: Section 13(1) Ministry of Energy (Abolition) Act 1989 the prices of