73—Substitution of sections 42 to 46
Sections 42 to 46 (inclusive)—delete the sections and substitute:
42—Experts to sit with District Court as assessors
(1) The Minister must
establish a panel of experts who may sit as assessors with the District Court
consisting of persons with knowledge of, or experience in, the gas supply
industry or in the fields of commerce or economics.
(2) A member of a
panel is to be appointed by the Minister for a term of office not exceeding 3
years and on conditions determined by the Minister and specified in the
instrument of appointment.
(3) A member of a
panel is, on the expiration of a term of office, eligible for reappointment.
(4) Subject to
subsection (5) and except in the case of an appeal limited to a question of
law, a judicial officer of the District Court must select 2 members from the
panel to sit with the Court in proceedings under the Gas Pipelines Access
(South Australia) Law .
(5) A member of a
panel who has a direct or indirect pecuniary or other interest in a matter
before the Court is disqualified from participating in the hearing of the
matter.
(6) Subsection (5)
does not apply if the interest is as a result of the supply of goods or
services that are available to members of the public on the same terms and
conditions.
(7) If a member of a
panel sitting with the District Court dies or is for any reason unable to
continue with any proceedings, the Court constituted of the judicial officer
who is presiding at the proceedings and the other member of the panel sitting
with the Court may, if the judicial officer so determines, continue and
complete the proceedings.
(8) If proceedings are
reheard, the District Court may have regard to any record of proceedings made
in the earlier proceedings (including a record of evidence taken in those
proceedings).
43—Certain provisions of District Court Act not to apply
The following provisions of the District Court Act 1991 do not apply to
the District Court when acting as the local appeals body:
section 42C
section 42D
section 42F
section 42G(2)
Part 7.