South Australian Numbered Acts South Australian Numbered Acts275—Amendment of section 85—Review by Tribunal
(1) Section 85(1)—delete subsection (1) and substitute:
(1) An application may be made to the Tribunal by—
(a) an applicant for review under section 84 who is dissatisfied with a decision as confirmed, amended or substituted by the Commission or the Technical Regulator on the review; or
(b) a person to whom an enforcement notice has been issued under Part 8 Division 4,
for a review of the decision or notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013
.
(2) Section 85(2)—delete "An appeal" and substitute:
An application for review
(3) Section 85(2)(a)—delete "an appeal" and substitute:
a review
(4) Section 85(2)(a)—delete "appealed against" and substitute:
of the Commission or the Technical Regulator on the review under section 84
(5) Section 85(2)(b)—delete "an appeal" and substitute:
a review
(6) Section 85(3) to (5)—delete subsections (3) to (5) (inclusive) and substitute:
(3) For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013
consisting of persons with knowledge of, or experience in, the water industry or the fields of commerce or economics.
(4) In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors.
(5) Section 37(1)(c)(i) of the South Australian Civil and Administrative Tribunal Act 2013
does not apply to a review by the Tribunal under subsection (1)(a).