Western Australian Current Regulations

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ELECTRICITY INDUSTRY (ELECTRICITY SYSTEM AND MARKET) REGULATIONS 2004 - REG 46

46 .         Conferences

        (1)         If an application is made to the Board for review of a reviewable decision, the Board may direct that a conference of the parties to the proceeding be held, presided over by a member of the Board.

        (2)         If —

            (a)         a conference is held; and

            (b)         at or after the conference, agreement is reached between the parties as to the terms of a decision of the Board in the proceeding that would be acceptable to the parties; and

            (c)         the terms of the agreement are written down, signed by the parties and given to the Board; and

            (d)         the Board is satisfied that —

                  (i)         a decision in those terms would be within the powers of the Board; and

                  (ii)         that it would be appropriate to make a decision in those terms,

                the Board may, without holding a hearing, make a decision in accordance with those terms.

        (3)         At the hearing of a proceeding before the Board, unless the parties otherwise agree, evidence must not be given, and statements must not be made, about anything that happened at a conference held under subregulation (1) in relation to the proceeding.

        (4)         If, in relation to the hearing of a proceeding before the Board —

            (a)         a party to the proceeding who was present at a conference objects to the member of the Board who presided over the conference participating in the proceeding; and

            (b)         that party notifies the Board of that objection before or at the start of the hearing,

                the member is not entitled to be a member of the Board constituted for the purposes of the proceeding.

        [Regulation 46 inserted: Gazette 16 Aug 2005 p. 3849‑50.]



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