Costs to be paid by parties to access regime dispute
38ZM Costs to be paid by parties to access regime dispute
Subject to section 38ZN, each party to an access regime dispute is to bear their own costs in a hearing.
In addition, the parties to an access regime dispute must pay to the Head, Transport for Victoria the costs incurred by the State for the constitution of the independent panel to hear and determine the access regime dispute. Those costs may include—
the fees, allowances and expenses paid to each member of the independent panel; and
the costs incurred by the State to provide appropriate indemnities for each member of the independent panel in relation to the performance of their functions and exercise of their powers under this Division.
Subject to subsection (4), the Head, Transport for Victoria must—
determine the proportion of costs referred to in subsection (2) that a party to an access regime dispute is to pay to the Head, Transport for Victoria; and
notify, in writing, the party of the amount of costs represented by that proportion.
If an independent panel determines that a party to an access regime dispute pay a proportion of the costs referred to in subsection (2), the Head, Transport for Victoria must apportion the costs under subsection (3) in accordance with that determination.
(5) The Head, Transport for Victoria may recover from a party to an access regime dispute, as a debt due to the State, in a court of competent jurisdiction any costs of which the Head, Transport for Victoria has given notice to the party under subsection (3).
S. 38ZN substituted by No. 68/2017 s. 88.
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