Western Australian Current Regulations

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ELECTRICITY INDUSTRY (ELECTRICITY SYSTEM AND MARKET) REGULATIONS 2004 - REG 42

42 .         Review by Board — all reviewable decisions

        (1)         A person whose interests are adversely affected by a reviewable decision may apply to the Board for a review of the decision.

        (2)         The Board may make an order affirming, setting aside or varying (immediately or as from a specified future date) the decision and, for the purposes of the review, may exercise the same powers with respect to the subject matter of the decision as may be exercised with respect to that subject matter by the person who made the decision.

        (2A)         The Board may refuse to review a reviewable decision if it considers that the application for review is trivial or vexatious.

        (2B)         A determination by the Board on the review of a reviewable decision has the same effect as if it were made by the person who made the decision.

        (3)         The Board must give an applicant under subregulation (1) written reasons for a decision to refuse to review a reviewable decision on the basis that —

            (a)         the applicant’s interests are not adversely affected by the reviewable decision; or

            (b)         the application is trivial or vexatious.

        (4)         This regulation is subject to regulation 43.

        [Regulation 42 inserted: Gazette 16 Aug 2005 p. 3846; amended: Gazette 31 Dec 2009 p. 5375; 13 Nov 2015 p. 4636; 27 Jul 2018 p. 2688; SL 2023/32 r. 14.]



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