In these regulations, unless the contrary intention appears –

Act means the Electricity Supply Industry Act 1995 ;

Cabinet record means a record which –

(a) is referred to in section 26(1) of the Right to Information Act 2009 ; and

(b) contains exempt information, within the meaning of that Act, to which that section applies;

compliance investigation means an investigation under Part 6 for the purposes of regulation 22 ;

contract includes agreement and arrangement;

daily newspaper means a daily newspaper circulating generally in Tasmania or in Australia;

declaration of a declared electrical service means a declaration made under section 40AD(1) of the Act, as the declaration is amended, if at all, under section 40AD(4) of the Act;

declared electrical service means goods, or a service, declared under section 40AD(1) of the Act to be a declared electrical service;

declared electrical service price determination means a determination made under section 40AD(5) of the Act, as the determination is amended, if at all, under section 40AD(7) of the Act;

distribution determination means a distribution determination, made in accordance with the National Electricity Rules, that is in force;

feed-in tariff rate determination means a feed-in tariff determination rate made in accordance with regulation 47 ;

final report means a final report in respect of a pricing investigation;

function includes duty;

investigation , means a pricing investigation or a compliance investigation;

ministerial charter has the same meaning as it has in the Government Business Enterprises Act 1995 ;

notice of compliance investigation means, in relation to a compliance investigation, a notice in respect of the investigation that is given under regulation 23(1) , as the notice is amended, if at all, under regulation 23(4) ;

notice of pricing investigation means, in relation to a pricing investigation –

(a) a notice in respect of the investigation that is given under regulation 6(1) , as the notice is amended, if at all, under regulation 6(4) ; and

(b) a notice in respect of the investigation that is given under regulation 18(1) , as the notice is amended, if at all, under regulation 18(4) ; and

(c) a notice in respect of the investigation that is given under regulation 33(1) as the notice is amended, if at all, under regulation 33(4) ; and

(d) a notice in respect of the investigation that is given under regulation 45(1) , as the notice is amended, if at all, under regulation 45(4) ;

price includes a tariff and a charge;

price-regulated retail service price determination means a determination made, in accordance with regulation 8 , under section 40AA(1) of the Act, as the determination is amended, if at all, under section 40AA(3) of the Act;

pricing investigation means an investigation under Part 6 for the purposes of regulation 5 , regulation 17 , regulation 30 or regulation 44 ;

pricing policies , in relation to a pricing investigation, includes –

(a) policies relating to the level or structure of prices; and

(b) if the pricing investigation relates to an electrical service that relates to the Bass Strait Islands, policies relating to the conditions that may be included in a contract, in relation to the declared electrical service, entered into by –

(i) an electricity entity or authorised retailer; and

(ii) a customer at premises in the Bass Strait Islands;

provide includes, where appropriate, to supply electricity;

relevant tax means a tax, charge, levy, duty, or imposition, that –

(a) is directly attributable to the provision of goods or a service specified in a transmission determination, a distribution determination, a declaration of a declared electrical service or a price-regulated retail service price determination; and

(b) in the opinion of the Regulator, is not normally absorbed by businesses in a fully competitive market –

but does not include –

(c) an income tax, income tax equivalent, fringe benefits tax or capital gains tax; or

(d) a tax, charge, levy, duty, or imposition, that replaces a tax referred to in paragraph (c) ; or

(e) a fee or charge payable under the Act, the regulations, the Code, the National Electricity Rules or section 233 of the National Energy Retail Law (Tasmania); or

(f) a renewable energy shortfall charge under section 36 of the Renewable Energy (Electricity) Act 2000 of the Commonwealth; or

(g) an amount payable under a contract; or

(h) a fine or other penalty;

rescinded regulations means the Electricity Supply Industry (Pricing and Related Matters) Regulations 2013 rescinded by these regulations;

tax event , in relation to a transmission determination, a distribution determination, a declared electrical service price determination or a price-regulated retail service price determination, means –

(a) the imposition on an electricity entity, an authorised retailer or a regulated offer retailer of an obligation to pay an amount that –

(i) it was not obliged to pay at the time at which the determination was made; and

(ii) arises from the imposition of a relevant tax; or

(b) a change in the manner in which, or the rate at which, a relevant tax is calculated, which results in a change, in an amount that an electricity entity, an authorised retailer or a regulated offer retailer is required to pay, whether –

(i) directly; or

(ii) by reason of an adjustment under a contract of an amount payable under that contract –

in respect of relevant taxes, from the amount that the electricity entity, authorised retailer or regulated offer retailer was required to pay in respect of such taxes at the time at which the determination was made; or

(c) the removal of a relevant tax which results in a change, in an amount that an electricity entity, an authorised retailer or a regulated offer retailer is required to pay, whether –

(i) directly; or

(ii) by reason of an adjustment under a contract of an amount payable under that contract –

in respect of relevant taxes, from the amount that the electricity entity, authorised retailer or regulated offer retailer was required to pay in respect of such taxes at the time at which the determination was made;

transmission determination means a transmission determination, made in accordance with the National Electricity Rules, that is in force;

2022 Price Determination means the determination made on 29 April 2022 by the Regulator under regulation 12 of the rescinded regulations as in force at the time at which the determination was made.