Queensland Numbered Acts Queensland Numbered Acts(1) A party to a dispute mentioned in section 18(1) can not make a referral under that section if any of the following circumstances apply--
(a) the relevant dispute relates to the Electricity Act 1994, chapter 5A;
(b) section 12 or 13 prevents the proposed referral from being made;
(c) 12 months have passed since the later of the following to happen--
(i) the performance of the relevant function;
(ii) the party becoming aware of the performance of the relevant function;
(d) the relevant dispute may be dealt with under--
(i) the Queensland Competition Authority Act 1997; or
(ii) the Electricity--National Scheme (Queensland) Act 1997; or
(iii) the Gas Pipelines Access (Queensland) Law;
(e) the energy ombudsman has already made a decision on an earlier dispute referral and--
(i) the parties to the earlier dispute referral are the same as the parties to the relevant dispute; and
(ii) the proposed dispute referral is the same, or substantially the same, as the earlier dispute referral;
(f) the party is a non-entity party and the energy ombudsman is reasonably satisfied the party has not made a genuine attempt to resolve the matter with the relevant entity;
(g) the relevant entity has stopped being an energy entity for more than 12 months.
(2) For subsection (1)(c)(ii), a non-entity party is taken to have become aware of the performance of the relevant function when the party might reasonably be expected to have known it was being performed.