Victorian Numbered Acts

ESSENTIAL SERVICES COMMISSION AMENDMENT ACT 2008 (NO. 15 OF 2008) - SECT 25

    (1)     After section 56(2) of the Essential Services Commission Act 2001 insert —

    "(2A)     When constituting an appeal panel, the Registrar must use his or her best endeavours to constitute the appeal panel consisting of—

        (a)     a chairperson who has experience in conducting contested hearings; and

        (b)     at least one member who has technical or industry experience or knowledge relevant to the appeal.".

    (2)     For section 56(7)(a) of the Essential Services Commission Act 2001 substitute —

    "(a)     in the case of an appeal under section 55(1)(a), may in granting the appeal—

              (i)     cancel the requirement; or

              (ii)     vary the requirement; or

              (iii)     set aside the requirement and remit it to the Commission for amendment of the requirement in accordance with the decision and recommendations (if any) of the appeal panel;".

    (3)     After section 56(9) of the Essential Services Commission Act 2001 insert —

    "(9A)     Subject to subsection (10), a party to an appeal must give an appeal panel any information that the appeal panel may request.".