Legislation


The Commission’s regulation of utilities in the ACT is provided for under a number of different Acts which are outlined below:


Independent Competition and Regulatory Commission Act 1997

This Act establishes the Independent Competition & Regulatory Commission.  The Commission’s function’s under this Act include:


Utilities Act 2000

This Act regulates the provision of utility services in the ACT and aims to protect and enhance the interests of the ACT community as consumers of utility services.  It sets up the  licensing system, of which the Commission is regulator, the energy industry levy administered by the Commission’s CEO and provides for industry and technical regulation by the ICRC and the Technical Regulator.


Electricity Feed-in (Renewable Energy Premium) Act 2008

This Act provides the mechanisms required to encourage the uptake of renewable energy electricity generation through the supply of electricity from solar and other renewable energy sources to electricity distributors. The Commission is involved in the regulation of the connection of small renewable energy generators to electricity distribution networks.


National Energy Retail Law (ACT) Act 2012

This Act picks up Schedule 1 of the National Energy Retail Law (SA) Act 2012 and applies it as a law of the ACT. The NERL implements the National Energy Customer Framework and places the responsibility for regulating energy retailers with the Australian Energy Regulator. The NERL and the associated National Energy Retail Rules have provisions applicable to energy distributors and these apply to utilities licensed to provide distribution and connection services in the ACT.


Electricity (National Scheme) Act 1997

This Act applies the National Electricity law (Schedule to the National Electricity (South Australia) Act 2008) as a law of the ACT. The National Electricity Regulations are also applied under the National Electricity (ACT) Law.


National Gas (ACT) Act 2008

This Act applies the National Gas Law (schedule to the National Gas (South Australia) Act 2008) as a law of the ACT. The National Gas Regulations are also applied by the National Gas (ACT) Law.

WACC Methodology Review

The Commission is reviewing how it calculates the weighted average cost of capital (WACC). The purpose of the Review is to ensure that Icon Water receives an appropriate return on its prudent and efficient investments in infrastructure used for delivering services.

Electricity Feed-in Code update

The Electricity Feed-in Code is an industry code that sets out practices and standards for the operation of the scheme for feed-in from renewable energy generators to electricity network established under the Electricity Feed-in (Renewable Energy Premium) Act 2008.

Public Crematorium Services Competitive Neutrality

On 20 December 2019, the Commission received a request from the Treasurer to provide advice to help ensure that the new crematorium facility to be built and operated by the ACT Public Cemeteries Authority operates in a manner consistent with competitive neutrality.

Incentive Mechanisms

The Commission is reviewing the incentive mechanisms Icon Water has to operate efficiently in delivering regulated water and sewerage services (the Review).

Retail Electricity Prices 2020-24

On 28 May 2019, the Commission received a terms of reference from the Treasurer to determine a price direction for standing offer prices for the supply of electricity to small customers who consume less than 100 MWh of electricity over any period of 12 consecutive months. The price direction will be for the period 1 July 2020 to 30 June 2024.

Regulated Water and Sewerage Services Prices 2018–23

On 14 December 2016, the Commission received an industry reference under section 15(1)(a) of the ICRC Act 1997 (Act) to undertake and investigation into, and determine a price direction for, regulated water and sewerage services provided by Icon Water Limited in the ACT. The Commission has received terms of reference for the investigation under section 16 of the Act.