Electricity Industry Act 2004

In this section —

This section applies to —

a decision of the Authority to refuse to grant or renew a licence; or

a decision of the Authority to refuse to approve the transfer of a licence; or

a decision of the Authority to refuse to amend a licence under section 21; or

a decision of the Authority as to the length of the period for which a licence is granted or renewed; or

a decision of the Authority as to any term or condition of a licence; or

a decision of the Authority to amend a licence under section 22; or

a decision of the Authority to refuse to approve —

a standard form contract under section 51; or

an amendment to, or replacement for, a standard form contract under section 52;

a direction given by the Authority under section 53; or

a decision by the Minister under the Code that network infrastructure facilities are to become covered networks or are to cease to be covered networks; or

a decision by the Minister under the Pilbara Networks Access Code that a covered Pilbara network is to be subject to regulation under Part 8 or Part 8A, or is to cease to be subject to regulation under Part 8 or 8A; or

a decision under the Pilbara Networks Access Code as to whether a network service provider of a Pilbara network has satisfied the requirements in the Pilbara Networks Access Code for the provider to opt for the access to services of the network to be subject to regulation under Part 8A or to cease to be subject to regulation under Part 8A; or

a decision by the Authority to add to the obligations of a network service provider under the Code or the Pilbara Networks Access Code in respect of the segregation of the functions and business of providing services from the network service provider’s other functions and business, or to waive any of those obligations; or

a decision by the Authority to approve or not to approve an arrangement lodged under section 104B(a); or

a decision by the Authority to approve or not to approve a thing for which the approval of the Authority is required under the Pilbara Networks Access Code; or

a decision by the Authority to release confidential data given to the Authority for the performance of its functions under Part 8 or 8A.

See Economic Regulation Authority Act 2003 Part 6.

A person adversely affected by a decision or direction to which this section applies may apply to the Board for a review of the decision.

Section 38(2) to (5) and (7) to (12) of the gas pipelines access provisions apply to the application and to the review of the decision or direction as if references in them to —

the relevant appeals body were references to the Board;

a decision included references to a direction;

The application operates to stay the decision or direction unless, in the case of a decision under subsection (2)(j), the Board determines otherwise.

In the case of a decision under subsection (2)(k), section 39(2) to (5) of the gas pipelines access provisions also apply to the application and to the review of the decision as if references in them to —

the relevant appeals body were references to the Board;

the relevant regulator were references to the Authority.

In the case of a decision under subsection (2)(l), section 43(2) to (4) of the gas pipelines access provisions also apply to the application and to the review of the decision as if references in them to —

the relevant appeals body were references to the Board;

the relevant regulator were references to the Authority.

When the Energy Arbitration and Review Act 1998 Part 6 Division 2 refers to the functions of, and proceedings before, the Board those functions and proceedings include functions and proceedings under this section.

For proceedings to which subsection (8) extends the provisions described in that subsection, sections 57(1) and 59(4) of those provisions apply only to the extent that it is consistent with the Code for them to apply.