Energy Coordination Act 1994

A person adversely affected by a decision of the Authority —

to refuse to grant or renew a licence;

to refuse to approve —

a standard form contract under section 11WF; or

an amendment to or replacement for a standard form contract under section 11WH;

to refuse to approve the transfer of a licence;

to refuse to amend a licence under section 11VA;

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

as to any term or condition of a licence; or

to amend a licence under section 11W,

A licensee may apply to the State Administrative Tribunal for a review of a direction given to the licensee by the Authority under section 11WI.

The President is to ensure that, when dealing with an application under subsection (2) or (2a), the Tribunal is constituted by 3 persons, being —

a presiding member who may be either a judicial member or a senior member who is a qualified person; and

2 other Tribunal members each of whom has relevant expertise in industry, commerce or accounting.

Without limiting the State Administrative Tribunal Act 2004, if a Tribunal member referred to in subsection (3)(b) is unable for any reason to continue with the proceeding the Tribunal constituted of the presiding member and the other member referred to in subsection (3)(b) may, if the presiding member so determines, continue and complete the proceeding.

A person chosen to act as a sitting member of the Tribunal who has a conflict of interest in relation to an application under subsection (2) or (2a) before, or about to come before, the Tribunal must disclose the nature of the conflict to each party concerned in the proceeding.

A person chosen to act as a sitting member of the Tribunal who has a conflict of interest in relation to an application under subsection (2) or (2a) before the Tribunal must not take part in the proceeding or exercise any powers in relation to the proceeding unless each party to the proceeding consents.

For the purposes of this section, a person has a conflict of interest in relation to an application if the person has any direct or indirect interest, pecuniary or otherwise, that conflicts or could conflict with the proper performance of the person’s functions in relation to that application.

Section 144 of the State Administrative Tribunal Act 2004 does not apply in relation to an application under subsection (2) or (2a).

Terms used in this section relating to members of the Tribunal have the meanings given to them in section 3(1) of the State Administrative Tribunal Act 2004.