Victorian Current Acts Victorian Current Acts(1) This section applies if the AER, in exercise or performance, or purported exercise or performance, of a relevant gas distribution system regulatory function or power conferred on it under section 28 , makes—
S. 33(1)(a) amended by No. 41/2021 s. 134.
(a) a requirement under section 37 of the Essential Services Commission Act 2001 , as in force immediately before section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 ; or
S. 33(1)(b) amended by No. 41/2021 s. 134.
(b) a decision to disclose information or the contents of a document given to the AER by a person under a notice given by the AER under section 38(2)(c) or 38(2)(d) of the Essential Services Commission Act 2001 , as in force immediately before section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 .
(2) A person who is aggrieved by the requirement or decision may appeal to the Tribunal against the making of the requirement or decision.
S. 33(3) amended by No. 21/2019 s. 27(1)(a).
(3) Sections 55 and 56 of the Essential Services Commission Act 2001 , as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 , apply to an appeal under this section as if—
(a) a reference in those sections to section 55(1) were a reference to subsection (1) of this section; and
S. 33(3)(ab) inserted by No. 21/2019 s. 27(1)(b).
(ab) in those sections—
(i) a reference to section 55(1)(a) were a reference to subsection (1)(a) of this section; and
(ii) a reference to section 55(1)(b) were a reference to subsection (1)(b) of this section; and
(b) in section 55(3) for "the Registrar" there were substituted "the Tribunal"; and
(c) section 56(1) to (3) and (5) were omitted; and
(d) a reference in those sections to the Commission were a reference to the AER; and
(e) a reference in those sections to an appeal panel were a reference to the Tribunal.
S. 33(4) amended by No. 21/2019 s. 27(2)(a).
(4) Part 3 of the Essential Services Commission Regulations 2011, as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 , applies to an appeal under this section as if—
S. 33(4)(a) amended by No. 21/2019 s. 27(2)(b).
(a) regulations 11 and 12 of that Part were omitted; and
(b) a reference in that Part to the Commission were a reference to the AER; and
(c) a reference in that Part to an appeal panel were a reference to the Tribunal; and
(d) a reference in that Part to the Registrar were a reference to the Tribunal.
(5) In this section—
S. 33(5) def. of Tribunal amended by No. 21/2012 s. 239(Sch. 6 item 30).
"Tribunal" means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.