New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 17

17 Appeals against decisions concerning authorisations

(1) A person aggrieved by any of the following decisions of the Minister may appeal to the Supreme Court against the decision--

(a) a decision cancelling an authorisation,

(b) a decision imposing a condition on an authorisation (other than a condition imposed when the authorisation is granted),

(c) a decision varying the conditions of an authorisation,

(d) a decision refusing an application for the transfer of an authorisation,

(e) a decision imposing a monetary penalty on the holder of an authorisation.

(2) An appeal is to be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence on which the original decision was made, may be given on the appeal.

(3) For the purposes of an appeal, the Minister may certify in writing that a specified policy applies to the subject matter of the appeal.

(4) In deciding an appeal to which such a certificate relates, the Supreme Court is required to apply the policy so certified, except to the extent to which the application of that policy would be contrary to law.

(5) The decision of the Supreme Court in respect of an appeal is taken to be the decision of the Minister and is to be given effect to accordingly.