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NATIONAL GAS (QUEENSLAND) LAW - SECT 185
Costs—scheme pipeline access disputes
185 Costs—scheme pipeline access disputes
(1) Each party to a scheme pipeline access dispute is to bear its own costs in
a dispute hearing except to the extent that an order under this section
specifies otherwise.
(2) At any time, the dispute resolution body may order
that a party (other than a small shipper) pay all or a specified part of the
costs of another party in a dispute hearing.
(3) The dispute resolution body
may make an order under subsection (2) only if satisfied that it is fair to do
so, having regard to— (a) whether a party has conducted the dispute hearing
in a way that unnecessarily disadvantaged another party by conduct such as—
(i) failing to comply with an order or direction of the dispute resolution
body without reasonable excuse; or
(ii) failing to comply with this Law, the
Regulations or the Rules; or
(iii) asking for an adjournment as a result of
subparagraph (i) or (ii) ; or
(iv) causing an adjournment; or
(v) attempting
to deceive another party or the dispute resolution body; or
(vi) vexatiously
conducting an access dispute; and
(b) whether a party has been responsible
for prolonging unreasonably the time taken to complete the dispute hearing;
and
(c) the relative strengths of the claims made by each of the parties,
including whether a party has made a claim that has no tenable basis in fact
or law; and
(d) the nature and complexity of the access dispute; and
(e) any
other matter the dispute resolution body considers relevant.
(4) A party to
whom an order made under subsection (2) is directed must comply with the
order.
(5) If the dispute resolution body considers that the representative
of a party, rather than the party, is responsible for conduct described in
subsection (3) (a) or (b) , the dispute resolution body may order that the
representative in the representative’s own capacity compensate another party
for any costs incurred unnecessarily.
(6) Before making an order under
subsection (5) , the dispute resolution body must give the representative a
reasonable opportunity to be heard.
(7) A representative of a party to whom
an order made under subsection (5) is directed must comply with the order.
(8) If the dispute resolution body makes an order for costs before the end of
an access dispute, the dispute resolution body may require that the order be
complied with before it continues with the proceeding.
(9) If the dispute
resolution body makes an order for costs, the dispute resolution body may fix
the amount of costs itself.
(10) This section applies to costs incurred by
the parties in a dispute hearing even if the notice of the access dispute to
which the dispute hearing relates is withdrawn.
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