South Australian Current Acts South Australian Current Acts75—Review of decisions by Commission or Technical Regulator
(1) Subject to this
section, an application may be made to—
(a) the
Commission by an applicant for the issue or variation of the terms or
conditions of a licence under Part 3, or for agreement to the transfer of such
a licence, for review of the decision of the Commission to refuse the
application; or
(b) the
Commission by an electricity entity for review of a decision of the Commission
under Part 3 to suspend or cancel the entity's licence or to vary the terms or
conditions of the entity's licence; or
(d) the
Technical Regulator by a person to whom a direction has been given under this
Act by the Technical Regulator or an authorised officer (other than a
direction given by the Technical Regulator under Part 5) for review of the
decision to give the direction; or
(e) the
Technical Regulator by a person affected by the decision for review of the
decision of an authorised officer or an electricity officer to disconnect an
electricity supply or to disconnect a cathodic protection system.
(1a) An application
may not be made under subsection (1) in relation to a decision to issue
an enforcement notice under Part 7 Division A3, or any matter
associated with the requirements or enforcement of such a notice.
(2) An application for
review must—
(a) be
in writing; and
(b) set
out the decision to which the application relates; and
(c) set
out in detail the grounds on which the applicant seeks review and the decision
sought on the review; and
(d) be
accompanied by any information that the applicant considers should be taken
into account by the Commission or the Technical Regulator on the review; and
(e) be
lodged with the Commission or the Technical Regulator—
(i)
in the case of a decision relating to a licence or
application for a licence—within 10 working days after written notice of
the decision is given to the electricity entity or applicant;
(iii)
in the case of a decision to give a
direction—within 10 working days after the direction is given;
(iv)
in the case of a decision to disconnect an electricity
supply or cathodic protection system—within 10 working days after notice
of the disconnection is given or, if notice is not given, within 10 working
days after the supply or system is disconnected.
(3) The Commission or
the Technical Regulator, as the case requires, may stay the operation of the
decision to which the application relates.
(4) A review must be
decided within four weeks of the application being lodged.
(5) If a review is not
decided within that period, the Commission or the Technical Regulator, as the
case requires, is to be taken to have confirmed the decision.
(6) After considering
the application, the Commission or the Technical Regulator, as the case
requires, may confirm, amend or substitute the decision.
(7) The Commission or
the Technical Regulator must give the applicant written notice of the
decision, and the reasons for the decision, on the review.