Gas Services Information Regulations 2012

This regulation applies to proceedings before the Board for a review of a reviewable decision.

The Board must make its determination on the review within 120 days after receiving the application for review.

The Board may extend, or further extend, the period referred to in subregulation (2) by a period of 30 days if it considers that the matter cannot be dealt with properly without the extension, either because of its complexity or because of other special circumstances.

If the Board extends the period, it must, before the end of the period, notify the applicant of the extension and the reasons for it.

The Board may require the operator or the ERA to give information and other assistance, and to make reports, as specified by the Board for the purposes of the proceedings.

In the proceedings —

it is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person; and

it is a reasonable excuse for a person to fail to produce a document if producing the document might tend to incriminate the person.

On the application of a party to the proceedings, the Board may conduct the proceedings in the absence of the public.

If the Board is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter or for any other reason, relating to the proceedings, the Board may, by order —

give directions prohibiting or restricting the publication of evidence given before the Board (whether in public or private) or of matters contained in documents filed with, or received in evidence by, the Board; or

give directions prohibiting or restricting the disclosure to some or all of the parties to the proceedings, of evidence given before the Board or of matters contained in documents filed with, or received in evidence by, the Board.

In considering whether to make an order under subregulation (8) the Board is to take as the basis of its consideration the principle that the evidence and the matters contained in the documents should be made available to all parties, but must pay due regard to any reasons given to the Board as to why publication or disclosure of the evidence or matter should be prohibited or restricted.

A witness summoned to appear at a hearing of the Board is entitled to be paid such allowances and expenses as the Board determines.