Victorian Current Acts Victorian Current ActsS. 55(1) amended by Nos 21/2019 s. 8(2), 41/2021 s. 27(1)(c).
(1) A person whose interests are affected by—
S. 55(1)(a) substituted by No. 41/2021 s. 27(1)(a).
(a) a decision of the Commission to serve an information gathering notice under section 36; or
S. 55(1)(ab) inserted by No. 41/2021 s. 27(1)(a).
(ab) a decision of the Commission to serve a compliance notice; or
S. 55(1)(b) amended by No. 41/2021 s. 27(1)(b).
(b) a decision of the Commission to disclose information or the contents of a document given to the Commission by that person under a notice given under section 60C(3)(c) or (d); or
S. 55(1)(c) amended by No. 10/2016 s. 170(1)(a), substituted by No. 6/2019 s. 8.
(c) a determination of the Commission, other than a price determination under section 33 in respect of—
(i) tariffs for the sale of electricity regulated by Order under section 13 of the Electricity Industry Act 2000 ; or
(ii) tariffs for the sale of gas regulated by Order under section 21 of the Gas Industry Act 2001 ; or
S. 55(1)(d) inserted by No. 10/2016 s. 170(1)(b).
(d) a decision of the Commission contained in a final published report (as defined in section 45 of the Port Management Act 1995 ) that a provider of prescribed services (as defined in that section) has not complied with a port Pricing Order in a significant and sustained manner; or
S. 55(1)(e) inserted by No. 10/2016 s. 170(1)(b).
(e) a Commission port Pricing Order decision; or
S. 55(1)(f) inserted by No. 10/2016 s. 170(1)(b).
(f) a decision of the Commission under section 69 of the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 ; or
S. 55(1)(g) inserted by No. 10/2016 s. 170(1)(b).
(g) a determination of the Commission under section 49ZA of the Port Management Act 1995 —
may apply to VCAT for a review of the decision or determination on a ground specified under subsection (2).
S. 55(1A) inserted by No. 15/2008 s. 24(1), amended by Nos 10/2016 s. 170(2). 21/2019 s. 8(3), 41/2021 s. 27(2).
(1A) For the purposes of subsection (1) as it applies to an application for review of a decision or determination contemplated by subsection (1)(a), (ab), (b) or (c), a person who represents a consumer or user group is to be taken to be a person who is entitled to apply to VCAT for a review of the decision or determination in accordance with this section.
S. 55(2) amended by No. 21/2019 s. 8(4).
(2) The only ground for an application to VCAT—
S. 55(2)(a) amended by No. 41/2021 s. 27(3)(a).
(a) under subsection (1)(a) is that the decision—
(i) was not made in accordance with the law; or
(ii) is unreasonable having regard to all the relevant circumstances;
S. 55(2)(ab) inserted by No. 41/2021 s. 27(3)(b).
(ab) under subsection (1)(ab) is that the decision—
(i) was not made in accordance with the law; or
(ii) is unreasonable having regard to all the circumstances;
(b) under subsection (1)(b) is that the decision—
(i) was not made in accordance with the law; or
(ii) is unreasonable having regard to all the relevant circumstances;
(c) under subsection (1)(c) is that—
(i) there has been bias; or
S. 55(2)(c)(ii) amended by No. 10/2016 s. 170(3)(a).
(ii) the determination is based wholly or partly on an error of fact in a material respect;
S. 55(2)(d) inserted by No. 10/2016 s. 170(3)(b).
(d) under subsection (1)(d) is that the decision—
(i) was not made in accordance with the law; or
(ii) is unreasonable having regard to all the relevant circumstances;
S. 55(2)(e) inserted by No. 10/2016 s. 170(3)(b).
(e) under subsection (1)(e) is that the decision—
(i) was not made in accordance with the law; or
(ii) is unreasonable having regard to all the relevant circumstances;
S. 55(2)(f) inserted by No. 10/2016 s. 170(3)(b).
(f) under subsection (1)(f) is that the decision—
(i) was not made in accordance with the law; or
(ii) is unreasonable having regard to all the relevant circumstances;
S. 55(2)(g) inserted by No. 10/2016 s. 170(3)(b).
(g) under subsection (1)(g) is that the decision—
(i) was not made in accordance with the law; or
(ii) is unreasonable having regard to all the relevant circumstances.
S. 55(3) amended by No. 21/2019 s. 8(5)(a).
(3) A person must make an application to VCAT—
S. 55(3)(a) amended by Nos 15/2008 s. 24(2)(a), 21/2019 s. 8(5)(b), substituted by No. 41/2021 s. 27(4).
(a) in the case of an application under subsection (1)(a), within 14 working days after the information gathering notice is served on the person; or
S. 55(3)(ab) inserted by No. 41/2021 s. 27(4).
(ab) in the case of an application under subsection (1)(ab), within 14 working days after the compliance notice is served on the person; or
S. 55(3)(ac) inserted by No. 41/2021 s. 27(4).
(ac) in the case of an application under subsection (1)(b), within 14 working days after the person is given the notice; or
S. 55(3)(b) amended by Nos 15/2008 s. 24(2)(b), 10/2016 s. 170(4)(a), 21/2019 s. 8(5)(b).
(b) in the case of an application under subsection (1)(c), within 21 working days after the determination is published; or
S. 55(3)(c) inserted by No. 10/2016 s. 170(4)(b), amended by No. 21/2019 s. 8(5)(b).
(c) in the case of an application under subsection (1)(d), within 21 working days after the final report in which the decision is contained is laid before each House of the Parliament or a copy is made available for public inspection under section 45; or
S. 55(3)(d) inserted by No. 10/2016 s. 170(4)(b), amended by No. 21/2019 s. 8(5)(b).
(d) in the case of an application under subsection (1)(e), within 14 working days after the Commission port Pricing Order decision is made; or
S. 55(3)(e) inserted by No. 10/2016 s. 170(4)(b), amended by No. 21/2019 s. 8(5)(b).
(e) in the case of an application under subsection (1)(f), within 21 working days after the decision is made; or
S. 55(3)(f) inserted by No. 10/2016 s. 170(4)(b), amended by No. 21/2019 s. 8(5)(b).
(f) in the case of an application under subsection (1)(g), within 21 working days after the determination is made.
S. 55(4) amended by Nos 21/2019 s. 8(6), 41/2021 s. 27(5).
(4) If a person makes an application under subsection (1)(a), the person need not comply with the information gathering notice until the application is withdrawn or dismissed.
S. 55(4A) inserted by No. 41/2021 s. 27(6).
(4A) If a person makes an application under subsection (1)(ab), the compliance notice continues in effect until the application is determined.
S. 55(5) inserted by No. 15/2008 s. 24(3), amended by No. 21/2019 s. 8(6).
(5) If a person makes an application under subsection (1)(b), the Commission must not take any action to give effect to the decision until the application is determined.
S. 55(6) inserted by No. 15/2008 s. 24(3), repealed by No. 21/2019 s. 8(7).
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S. 55(7)−(10) inserted by No. 10/2016 s. 170(5), repealed by No. 21/2019 s. 8(7).
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Note to s. 55 inserted by No. 21/2019 s. 8(8).
Note
In the case of an application under subsection (1)(c), (d), (e), (f) or (g), see section 50(1) of the Victorian Civil and Administrative Tribunal Act 1998 .
S. 56 amended by Nos 15/2008 s. 25, 10/2016 s. 171, substituted by No. 21/2019 s. 9.