Western Australian Consolidated Acts

ENERGY COORDINATION ACT 1994 - SECT 19B

19B .         Review of determinations of Director in relation to orders by inspectors against a network operator

        (1)         In this section —

        decision means —

            (a)         a determination of the Director under section 19A(5); or

            (b)         a refusal of the Director to approve an agreement reached under section 18C(6).

        (2)         A network operator aggrieved by a decision may —

            (a)         if a question of law is involved, apply to the State Administrative Tribunal for a review of the decision; or

            (b)         in any other case, appeal in the prescribed manner to a technical review panel appointed under the regulations.

        (3)         On an appeal made under subsection (2)(b) the technical review panel may confirm, reverse or vary the decision and the decision of the technical review panel is final.

        (4)         If an application for review or an appeal has been made under subsection (2) in relation to a decision, the State Administrative Tribunal or the technical review panel, as the case may be —

            (a)         may suspend the operation of the decision until the determination of the review or appeal; and

            (b)         may revoke any suspension under paragraph (a).

        (5)         A decision is not to be suspended under subsection (4)(a) if failure to comply with the decision would endanger the safety of a person or result in a risk of damage to property.

        (6)         Subject to subsections (7) and (8), the Director may publicise —

            (a)         any submission made to the technical review panel by a party to an appeal; and

            (b)         the technical review panel’s decision on an appeal,

                in such manner as the Director thinks fit and, for that purpose, the panel is to make submissions made to it and its decision available to the Director.

        (7)         Before the Director publicises a submission or decision containing commercial information relating to the appellant or another party to the appeal, the Director must consult with the appellant or the other party.

        (8)         If a submission or a decision contains commercial information, the Director may publicise the submission or decision in such a manner as the Director thinks fit so as to avoid the disclosure of commercial information relating to the appellant or the other party.

        (9)         If the technical review panel confirms a decision under subsection (3), the appellant is liable to pay the reasonable costs of the review.

        (10)         Any costs payable by the appellant under subsection (9) are recoverable by the Director in a court of competent jurisdiction as a debt due to the State.

        [Section 19B inserted by No. 5 of 2007 s. 17.]