Independent Pricing and Regulatory Tribunal Act 1992

This Act was put in place in July 1992 as the Government Pricing Tribunal Act 1992 and was substantially amended and renamed in January 1996 as the Independent Pricing and Regulatory Tribunal Act 1992. Under this Act, IPART has six major functions:

1. Regulating prices and reviewing pricing policies of government monopoly services
2. Undertaking reviews referred to it in relation to industry, pricing or competition
3. Arbitrating access disputes in relation to public infrastructure access regimes
4. Registering access agreements
5. Making recommendations, monitoring compliance and reporting in relation to water, electricity and gas licences under the Electricity Supply Act 1995, Gas Supply Act 1996, Hunter Water Act 1991, Sydney Water Act 1994, Sydney Water Catchment Management Act 1998
6. Investigating complaints under the competitive neutrality regime

Electricity Supply Act 1995

The Electricity Supply Act 1995 provides the framework for introducing full retail competition in the NSW electricity industry. Under this Act, IPART is responsible for setting regulated retail tariffs for electricity and regulated retail charges. IPART also has a standing reference to determine the proportion of connection costs that a distribution network service provider may pass on to new customers and related matters. IPART also has the function of recommending the granting or variation of retail and distribution network supplier licences to the Minister for Energy, and serves as compliance regulator with regard to those licenses.

The NSW Greenhouse Gas Abatement Scheme was introduced by amendments to the Electricity Supply Act 1995 in December 2002. Since 1 January 2003, electricity retail suppliers and certain other parties have been required to meet mandatory targets for abating the emission of greenhouse gases from electricity production and use. Under new powers contained in the amendments to the Electricity Supply Act 1995, IPART is responsible for:

• Determining and publishing key factors that are used to determine greenhouse gas benchmarks for the year
• Determining the greenhouse gas benchmark for each benchmark participant
• Determining the greenhouse shortfall and any liability for greenhouse penalty payable by a benchmark participant

IPART monitors compliance with greenhouse gas benchmarks and reports annually to the Minister regarding such compliance. It conducts or require the conducting of audits.

IPART has also been appointed as the Scheme Administrator by the Minister for Energy. As Scheme Administrator, IPART is responsible for:

• Accreditation of abatement certificate providers
• Verification of greenhouse gas abatement activity
• Administration of a registry of abatement certificates

As Scheme Administrator, IPART monitors and reports annually to the Minister on the compliance of accredited abatement certificate providers with the Act, the regulations, the greenhouse gas benchmark rules and any conditions of accreditation. IPART may also conduct or require the conducting of audits.

National Electricity Rules

Under the former National Electricity Code, IPART was the jurisdictional regulator in New South Wales responsible for determining the general level of distribution service prices and/or aggregate annual revenue requirement for electricity distribution network services, in accordance with pricing methods and regulatory principles set out in Part D, Chapter 6 of the National Electricity Code. In 2005, the National Electricity Code was replaced by the National Electricity Rules.

Under the National Electricity Rules, IPART’s function of determining electricity network distribution prices was transferred to the Australian Energy Regulator on 1 January 2008. However, IPART retains a compliance and monitoring role with regard to its 2004/5 - 2009/10 network pricing determination.

Gas Supply Act 1996

The Gas Supply Act 1996 enables IPART to establish pricing mechanisms known as Gas Pricing Orders that regulate the tariffs, fees, charges and other payments that a standard supplier may impose for the supply of natural gas to small retail customers under standard form customer supply contracts. Section 27 of this Act enables IPART to:

• Establish a methodology within which tariff customer prices for delivered gas must be set
• Establish maximum tariffs or maximum average tariffs
• Prohibit the imposition of certain charges

IPART also has the function of recommending the granting or variation of gas supplier and gas reticulator authorisations to the Minister for Energy, and serves as compliance regulator with regard to those authorisations.

National Third Party Access Code for Natural Gas Pipeline Systems

Under the former National Third Party Access Code for Natural Gas Pipeline Systems (the Gas Code) IPART was the jurisdictional regulator in relation to distribution pipelines that are within NSW. Under the Gas Code, the key functions of IPART were to:

• Approve Access Arrangements which set out the basic terms and conditions under which access will be made available by an owner or operator of a covered pipeline
• Approve associate contracts entered into by owners or operators of a gas pipeline
• Arbitrate access disputes
  

From July 1 2008, the AER became the economic regulator for covered natural gas transmission and distribution pipelines in all states and territories in Australia (except WA) under the National Gas Law and National Gas Rules. Certain provisions of the Gas Code are relevant under the transitional provisions of the National Gas Law and National Gas Rules.

Passenger Transport Act 1990

IPART conducts investigations and reports to the Minister for Transport on the recommended pricing of fares for “regular bus services” provided to the public under service contracts that are administered by the Ministry of Transport.

IPART also reports to the Minister for Transport with its recommendations on authorised taxi fares that are determined by the Director General of Transport under this Act.

Water Industry Competition Act 2006

IPART has several functions under this Act, which establishes a regime for third party access to certain water infrastructure services in New South Wales. IPART’s functions include:

• Making recommendations to the Minister for Water on applications for network operator and retail supplier licences
• Making recommendations to the Minister for Water on applications for, or for the revocation of, coverage declarations with regard to infrastructure services
• Approving access undertakings submitted by infrastructure service providers
• Arbitrating access disputes with regard to infrastructure services
• Conducting investigations for the purpose of enabling IPART to exercise its functions under this Act
• Monitoring and reporting to the Minister with regard to licensees under this Act.

Prices Regulation Act 1948

IPART has a number of functions under the Prices Regulation Act 1948, including:

• Determining the maximum prices or rates of goods or services declared by the Minister
• Holding inquiries with respect to specified goods and services

Transport Administration Act 1988

IPART acts as compliance regulator for the New South Wales Rail Access Undertaking, an instrument issued by the Minister for Transport pursuant to Schedule 6A of this Act, that provides a framework for third party access to the New South Wales Rail Network.

Independent Pricing and Regulatory Tribunal Regulation 2007

This Regulation modifies the application of the Commercial Arbitration Act 1984 to the arbitration of disputes (relating to a public infrastructure access regime) under Part 4A of the Independent Pricing and Regulatory Tribunal Act 1992. In summary the Regulation:

• specifies when qualified legal representation may be available
• allows the arbitrator or umpire to decide when to conduct  arbitration hearings in private
• clarifies which costs are to be included in the costs incurred by the arbitrator or umpire.

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