Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
Board function means —
(a) the
making of an order by the Board under regulation 31(7) or 33; or
(b) the
review of a reviewable decision by the Board under regulation 42 or 43.
(2) The provisions of
the Energy Arbitration and Review Act 1998 Part 6 Division 2
(except section 50) apply to and in relation to the Board’s
functions.
(3) The provisions
referred to in subregulation (2) apply with the following modifications
—
(a) the
Energy Arbitration and Review Act 1998 sections 57(1) and 59(4)
apply subject to the market rules;
(b) the
Energy Arbitration and Review Act 1998 section 58 does not apply to
the extent to which it is inconsistent with regulation 50(1);
(c) in
relation to the review of a procedural decision — modifications
resulting from regulation 43.
(4) The provisions of
the Gas Pipelines Access (Western Australia) Act 1998 Schedule 1
section 38(7) and (10) as in force immediately before that Schedule was
deleted by the National Gas Access (WA) Act 2009 section 51 apply
to and in relation to the Board’s functions.
(5) The provisions
referred to in subregulation (4) apply with the following modifications
—
(a) a
reference to the relevant appeals body is to be read as a reference to the
Board;
(b) in
relation to the review of a procedural decision — modifications
resulting from regulation 43.
[Regulation 49 inserted in Gazette
31 Dec 2009 p. 5376-7.]