New South Wales Consolidated Regulations

GAS SUPPLY (NATURAL GAS RETAIL COMPETITION) REGULATION 2001 - REG 77

77 Re-assessment of costs of compliance with direction

(1) Any dispute between a supplier and a sponsoring Minister by whom a direction has been given under this Part (being a dispute as to the cost to the supplier of complying with the direction) is to be referred to a committee constituted by one or more assessors.

(2) The assessor or assessors to constitute such a committee are to be suitably qualified persons appointed by agreement between the supplier and the sponsoring Minister or, if no such agreement can be reached:

(a) by the Minister administering the Act, or

(b) if the Minister administering the Act is the sponsoring Minister, by the Premier.

(3) In determining a dispute that has been referred to it under this clause, a committee:

(a) must consider any representations made by the parties to the dispute, and

(b) must determine, on the basis of those representations and any other information available to it, the amount or a methodology by which the amount may be assessed as the efficient cost to the supplier of complying with the direction to which the dispute relates.

(4) A committee may conduct proceedings under this clause in the manner it considers appropriate.

(5) The committee’s decision on a dispute binds the parties to the dispute, but does not prevent the direction to which it relates from being withdrawn.

(6) The committee’s decision as to the efficient costs is taken to be the amount of or the methodology for assessing costs for the purposes of the Minister’s direction and the direction is accordingly varied from the date specified in the decision.

(7) A committee may determine 2 or more disputes in the same proceedings if it considers that it is appropriate to do so.