South Australian Consolidated Acts

ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 31

31—Review by Commission

        (1)         An application may be made to the Commission—

            (a)         by the Minister, or by a regulated entity to which the determination applies, for a review of a price determination; or

            (b)         by a person of whom a requirement has been made by written notice under Part 5 for a review of the decision of the Commission to make that requirement; or

            (c)         by a person who has been given written notice under Part 5 of the proposed disclosure of information that the person claimed to be confidential information for a review of the decision of the Commission to disclose the information.

        (2)         An application for a review must—

            (a)         be in writing; and

            (b)         set out the price determination or part of the price determination, or the decision, to which the application relates; and

            (c)         set out in detail the grounds on which the applicant seeks review and the decision sought on the review; and

            (d)         be accompanied by any information that the applicant considers should be taken into account by the Commission on the review; and

            (e)         be lodged with the Commission within 10 working days after the price determination is published or after receipt of the written notice referred to in subsection (1) (as the case requires).

        (3)         If an application is made for a review of a price determination—

            (a)         the Commission must give a copy of the application to each other person who could also have applied for review of the determination; and

            (b)         invite each such person to join as a party to the review and make submissions on the matter the subject of the review in a manner and within a period specified by the Commission.

        (4)         The Commission may stay the operation of the price determination or decision to which the application relates.

        (5)         If a price determination is stayed, the Commission must cause notice of the stay of the determination—

            (a)         to be given to the Minister, the industry Minister and to each regulated entity to which the determination applies; and

            (b)         to be published in the Gazette.

        (6)         A review must be decided within 6 weeks of the application being lodged with the Commission.

        (7)         If a review is not decided within that period, the Commission is to be taken to have confirmed the price determination or decision.

        (8)         After considering the application, the Commission may confirm, vary or substitute the price determination or decision.

        (9)         The Commission must give the applicant and any other person who joins as a party to the review written notice of the Commission's decision, and the reasons for the decision, on the review.

        (10)         If the Commission decides on a review of a price determination to vary or substitute the determination, the Commission must vary or substitute the determination by a further determination in accordance with Part 3 but that further determination may not be made the subject of an application for a review under this section.