South Australian Numbered Acts South Australian Numbered ActsPart 7—delete the Part and substitute:
Part 7—Reviews and appeals
71—Review of decisions by Commission or Technical Regulator
(1) An application may
be made to—
(a) the
Commission by an applicant for the issue or variation of the terms or
conditions of a licence under Part 3, or for agreement to the transfer of such
a licence, for review of a decision of the Commission to refuse the
application; or
(b) the
Commission by a gas entity for review of a decision of the Commission under
Part 3 to suspend or cancel the entity's licence or to vary the terms or
conditions of the entity's licence; or
(c) the
Technical Regulator by a person to whom a direction has been given under this
Act by the Technical Regulator or an authorised officer for review of the
decision to give the direction; or
(d) the
Technical Regulator by a person affected by the decision for review of a
decision of an authorised officer or a gas officer to disconnect a gas supply.
(2) An application for
review must—
(a) be
in writing; and
(b) set
out the decision to which the application relates; and
(c) set
out in detail the grounds on which the applicant seeks review and the decision
sought on the review; and
(d) be
accompanied by any information that the applicant considers should be taken
into account by the Commission or the Technical Regulator on the review; and
(e) be
lodged with the Commission or the Technical Regulator—
(i)
in the case of a decision relating to a licence or
application for a licence—within 10 working days after written notice of
the decision is given to the gas entity or applicant;
(ii)
in the case of a decision to give a
direction—within 10 working days after the direction is given;
(iii)
in the case of a decision to disconnect a gas
supply—within 10 working days after notice of the disconnection is given
or, if notice is not given, within 10 working days after the supply is
disconnected.
(3) The Commission or
the Technical Regulator, as the case requires, may stay the operation of the
decision to which the application relates.
(4) A review must be
decided within 4 weeks of the application being lodged.
(5) If a review is not
decided within that period, the Commission or the Technical Regulator, as the
case requires, is to be taken to have confirmed the decision.
(6) After considering
the application, the Commission or the Technical Regulator, as the case
requires, may confirm, amend or substitute the decision.
(7) The Commission or
the Technical Regulator must give the applicant written notice of the
decision, and the reasons for the decision, on the review.
72—Appeal
(1) An applicant for
review who is dissatisfied with a decision as confirmed, amended or
substituted by the Commission or the Technical Regulator on the review under
this Part may appeal against the decision to the Administrative and
Disciplinary Division of the District Court (the
"Court").
(2) The Court must sit
with experts selected in accordance with Schedule 3.
(3) An appeal must be
made within 10 working days after receipt of the written notice of the
decision appealed against or, if the Commission or the Technical Regulator
failed to make a decision on the review within the allowed period, within 10
working days after the end of that period.
(4) The Court may, on
an appeal—
(a)
affirm the decision appealed against; or
(b)
remit the matter to the original decision maker for consideration or further
consideration in accordance with any directions of the Court.
(5) An appeal under
the District Court Act 1991 will lie against a decision of the Court
under this section on a question of law (but not on a question of fact).
73—Minister's power to intervene
The Minister may intervene, personally or by counsel or other representative,
in a review or appeal under this Part for the purpose of introducing evidence,
or making submissions, on any question relevant to the public interest.