Gas Industry (Appeal Tribunal) Regulations 1999

i Gas Industry (Appeal Tribunal) Regulations 1999 S.R. No. 77/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Definitions 1 4. Manner of applying for review 2 5. Withdrawal of application for review 2 6. Conducting a proceeding 3 7. Decisions or orders of appeal tribunal in the course of proceedings 4 8. Correction of errors 5 9. Decisions of appeal tribunal 5 10. Registrar and register 5 11. Authentication of documents 6 ═══════════════ -- 1 of 7 -- 1 STATUTORY RULES 1999 S.R. No. 77/1999 Gas Industry Act 1994 Gas Industry (Appeal Tribunal) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 22 June 1999 Responsible Minister: ALAN R. STOCKDALE Treasurer SHANNON DELLAMARTA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to regulate the procedure of the appeal tribunal under Part 3A of the Gas Industry Act 1994. 2. Authorising provisions These Regulations are made under sections 45M and 102 of the Gas Industry Act 1994. 3. Definitions In these Regulations— "Act" means the Gas Industry Act 1994; "Interested Person" has the same meaning as it has in the Gas Industry (Authorisation) Regulations 1999; "Registrar" means the registrar of the appeal tribunal appointed pursuant to these Regulations. -- 2 of 7 -- S.R. No. 77/1999 Gas Industry (Appeal Tribunal) Regulations 1999 2 4. Manner of applying for review (1) An application to the appeal tribunal under Part 3A of the Act for review of a decision or order of ORG must— (a) be in writing and be signed by or on behalf of the applicant; and (b) specify the decision or order in respect of which the application is made; and (c) state in full the grounds on which the application is based; and (d) set out the amendments (if any) to the decision, or order of ORG sought by the applicant; and (e) set out the decision of the appeal tribunal sought by the applicant; and (f) be accompanied by a copy of the reasons given by ORG for the decision or order. (2) If the application for review is made pursuant to section 44 of the Act, the Registrar must give notice of that application for review to any person who was an interested person in relation to the application for authorisation. (3) If the application for review is made under any other provision of Part 3A of the Act, the Registrar, unless the appeal tribunal otherwise directs, must give notice of the application to— (a) the Australian Competition and Consumer Commission; and (b) any other person appearing to be interested in the application. (4) A notice under this regulation must be given in the manner that the appeal tribunal directs. 5. Withdrawal of application for review r. 4 r. 5 -- 3 of 7 -- S.R. No. 77/1999 Gas Industry (Appeal Tribunal) Regulations 1999 3 (1) An applicant may withdraw an application for review at any time before the appeal tribunal determines the application. (2) The Registrar must give notice of the withdrawal of an application to any person to whom notice was given under regulation 4. (3) A notice under this regulation must be given in the manner that the appeal tribunal directs. 6. Conducting a proceeding (1) The appeal tribunal must give the parties to the application for review reasonable opportunity to make— (a) oral or written submissions at a hearing; or (b) written submissions in the case of a proceeding that is not a hearing. (2) The appeal tribunal— (a) may proceed by conducting a hearing or, with the consent of the parties to the application, by accepting written submissions; and (b) may make orders as to the confidentiality of the whole or part of a document, matter or evidence, if it considers that— (i) disclosure of the document, matter or evidence would cause detriment to any party to the application for review; and (ii) that detriment would outweigh the public benefit in disclosing the document, matter or evidence; and (c) may conduct the whole or part of a hearing in private if it considers it in the public interest or the interest of justice to do so, but -- 4 of 7 -- S.R. No. 77/1999 Gas Industry (Appeal Tribunal) Regulations 1999 4 must otherwise hold its hearings in public; and (d) must proceed with as little formality and technicality and with as much expedition as the requirements of the Act and these Regulations and the proper consideration of the matter before it permit; and (e) may proceed with the hearing in the absence of a party to the application if it is satisfied that the party has been given reasonable notice of the date, time and place of the hearing; and (f) may at any time adjourn the application; and (g) may deal with applications or classes of application together if it is satisfied that they relate to the same parties or the same or related subject-matter; and (h) may seek the independent advice of a person to assist it in dealing with the application. (3) A party to an application may appear at a hearing before the appeal tribunal or do anything else in relation to an application before the tribunal either personally or by a legal practitioner or through an agent. (4) The appeal tribunal must disclose to each party to an application any advice it receives under sub- regulation (2)(h) and give each party a reasonable opportunity to make submissions about that advice before determining the application. 7. Decisions or orders of appeal tribunal in the course of proceedings (1) A decision or order of the appeal tribunal under regulation 4(3), 4(4), 5(3) or 6(2)(f) may be made on its own motion or on the application of any party to the application for review. r. 7 -- 5 of 7 -- S.R. No. 77/1999 Gas Industry (Appeal Tribunal) Regulations 1999 5 (2) Unless the appeal tribunal otherwise orders, the applicant for a decision or order referred to in sub- regulation (1) must— (a) make the application in writing; and (b) serve it on all other parties to the application for review not less than 7 days before the date on which the application for the decision or order is to be heard. 8. Correction of errors On its own initiative or at the request of a party to a proceeding, the appeal tribunal may make a decision correcting an earlier decision in which there is— (a) a clerical error or accidental slip or omission; or (b) an evident material miscalculation of figures; or (c) an evident material mistake in the description of a person, property or thing. 9. Decisions of appeal tribunal (1) The Registrar must certify a decision of an appeal tribunal to be a true copy of the decision. (2) If the appeal tribunal determines pursuant to section 45O(2) of the Act to extend the time for the making of its decision, the Registrar must give notice to the parties of that determination and of the period of the extension. 10. Registrar and register (1) The Minister may appoint an employee under Part 3 of the Public Sector Management and Employment Act 1998 as the Registrar of the appeal tribunal. (2) The Registrar— r. 8 -- 6 of 7 -- S.R. No. 77/1999 Gas Industry (Appeal Tribunal) Regulations 1999 6 (a) must establish and maintain a register containing all records of the appeal tribunal including all applications and other notices and information lodged with ORG and decisions of the appeal tribunal; and (b) must administer the process of application and provide all necessary assistance to the appeal tribunal (including, without limitation, organising a venue and date for hearing, compilation of documents and recording of the application); and (c) must perform such other functions as are conferred under these Regulations. (3) In carrying out the responsibilities under sub- regulation (2), the Registrar is subject to the control and direction of the appeal tribunal. 11. Authentication of documents (1) A document required or authorised to be prepared by the appeal tribunal must be taken to be authenticated by that appeal tribunal if it is signed by the Registrar and the presiding member of the appeal tribunal. (2) The production of a document purporting to be a copy of a record of an act or decision of the appeal tribunal and purporting to be signed by the Registrar is evidence that a decision in those terms was duly made by the tribunal or that stated act was duly done by the tribunal. ═══════════════ r. 11 -- 7 of 7 --