New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 97I

97I Administrative review by Civil and Administrative Tribunal of decisions about certificates and related matters

(1) A benchmark participant or former benchmark participant who is aggrieved by any of the following decisions of the Tribunal may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision--

(a) a determination as to the greenhouse gas benchmark for the participant or former participant for a compliance period,

(b) a decision to refuse to accept the surrender of an abatement certificate for the purposes of complying with the participant's or former participant's greenhouse gas benchmark or abating a greenhouse shortfall,

(c) a decision to refuse to count a renewable energy certificate for the purposes of complying with the participant's or former participant's greenhouse gas benchmark or abating a greenhouse shortfall,

(d) an assessment of the amount of greenhouse penalty payable by the participant or former participant for a compliance period,

(e) any other decision of the Tribunal of a kind prescribed by the regulations.

(2) A person who is or was accredited, or who has applied to be accredited, under this Part as an abatement certificate provider and who is aggrieved by any of the following decisions of the Scheme Administrator may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision--

(a) a decision to refuse accreditation of the person as an abatement certificate provider,

(b) a decision to cancel or suspend the accreditation of the person as an abatement certificate provider,

(c) a decision to refuse registration of the creation of an abatement certificate,

(d) any other decision of the Scheme Administrator of a kind prescribed by the regulations.

(3) A person who has applied for the registration of a transfer of an abatement certificate under this Part and who is aggrieved by a decision of the Scheme Administrator to refuse registration of the transfer may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision.

(4) A person who is the subject of an order by the Scheme Administrator under this Part requiring the person to surrender abatement certificates to the Scheme Administrator and who is aggrieved by a decision of the Scheme Administrator to impose that order may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision.