Victorian Current Acts

ESSENTIAL SERVICES COMMISSION ACT 2001 - SECT 69

    (1)     This section applies if—

        (a)     a notice of appeal has been lodged under section 55 in respect of an appeal under that section before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 (the VCAT amendments ); and

        (b)     no decision on the appeal has been made by an appeal panel before that commencement.

    (2)     Despite the VCAT amendments, the appeal must be heard and determined under this Act as if this Act had not been amended by the VCAT amendments.

    (3)     For the purposes of subsection (2)—

        (a)     if no appeal panel has been constituted under section 56 (as in force immediately before the commencement of the VCAT amendments) to hear and decide the appeal, an appeal panel must be so constituted to do so; and

        (b)     if an appeal panel has been constituted under section 56 (as in force immediately before the commencement of the VCAT amendments) to hear and decide the appeal, the appeal panel must continue to hear and decide the appeal.

    (4)     In this section—

"appeal "means an appeal under section 55 within the meaning of this Act as in force immediately before the commencement of the VCAT amendments;

"appeal panel "means an appeal panel constituted under section 56 within the meaning of this Act as in force immediately before the commencement of the VCAT amendments.

New s. 70 inserted by No. 41/2021 s. 39.