Victorian Current Acts Victorian Current Acts(1) This section applies if the AER, in exercise or performance, or purported exercise or performance, of a relevant regulatory function or power conferred on it under section 23, makes—
S. 29(1)(a) amended by No. 41/2021 s. 131.
(a) a requirement under section 37 of the Essential Services Commission Act 2001 , as in force immediately before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 ; or
S. 29(1)(b) amended by No. 41/2021 s. 131.
(b) a decision to disclose information or the contents of a document given to the AER by a person under a notice given by the AER under section 38(2)(c) or 38(2)(d) of the Essential Services Commission Act 2001 , as in force immediately before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 ; or
(c) a determination that—
(i) revokes and substitutes the 2006–2010 distribution pricing determination or a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or
(ii) amends—
(A) the 2006–2010 distribution pricing determination; or
(B) a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or
(d) a decision or determination under the AMI Order.
(2) A person who is aggrieved by the requirement, decision or determination may appeal to the Tribunal against the making of the requirement, decision or determination.
S. 29(3) amended by No. 21/2019 s. 26(1)(a).
(3) Sections 55 and 56 of the Essential Services Commission Act 2001 , as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 , apply to an appeal under this section as if—
S. 29(3)(a) substituted by No. 55/2010 s. 43.
(a) section 55(1) were omitted; and
S. 29(3)(ab) inserted by No. 55/2010 s. 43.
(ab) in section 55(1A), the reference to subsection (1) were a reference to subsection (2) of this section; and
S. 29(3)(aba) inserted by No. 21/2019 s. 26(1)(b).
(aba) in section 55(2)(c)(ii), for "determination" there were substituted "decision or determination"; and
S. 29(3)(ac) inserted by No. 55/2010 s. 43.
(ac) in those sections—
(i) a reference to section 55(1)(a) were a reference to subsection (1)(a) of this section; and
(ii) a reference to section 55(1)(b) were a reference to subsection (1)(b) of this section; and
(iii) a reference to section 55(1)(c) were a reference to subsection (1)(c) or (d) of this section; and
(b) in section 55(3) for "the Registrar" there were substituted "the Tribunal"; and
S. 29(3)(ba) inserted by No. 21/2019 s. 26(1)(c).
(ba) in section 55(3)(b) and (6), for "determination" there were substituted "decision or determination"; and
(c) section 56(1) to (3) and (5) were omitted; and
S. 29(3)(ca) inserted by No. 21/2019 s. 26(1)(d).
(ca) in section 56(7)(c)(ii) and (d)(i) or (ii), a reference to a determination of the Commission were a reference to a decision or determination of the Commission; and
(d) a reference in those sections to the Commission were a reference to the AER; and
(e) a reference in those sections to an appeal panel were a reference to the Tribunal.
S. 29(4) amended by Nos 46/2015 s. 3(a), 21/2019, s. 26(2).
(4) Part 3 of the Essential Services Commission Regulations 2011, as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 , applies to an appeal under this section as if—
S. 29(4)(a) amended by No. 46/2015 s. 3(b).
(a) regulations 11 and 12 of that Part were omitted; and
(b) a reference in that Part to the Commission were a reference to the AER; and
(c) a reference in that Part to an appeal panel were a reference to the Tribunal; and
(d) a reference in that Part to the Registrar were a reference to the Tribunal.
(5) In this section—
S. 29(5) def. of Tribunal amended by No. 21/2012 s. 239(Sch. 6 item 29.2).
"Tribunal" means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.
S. 29A inserted by No. 46/2015 s. 4.