South Australian Consolidated Acts South Australian Consolidated Acts (1) The applicant for
a review under this Part, or any other party to the review who made
submissions on the review, who is dissatisfied with the price determination or
decision as confirmed, varied or substituted by the Commission on the review
may appeal to the Administrative and Disciplinary Division of the
District Court ("the Court") against the determination or decision.
(2) The Court must sit
with experts selected in accordance with Schedule 1.
(3) An appeal must be
made—
(a)
within 10 working days after receipt of the written notice of the decision on
the review; or
(b) if
the Commission failed to make a decision on the review within the allowed
period, within 10 working days after the end of that period,
(which period cannot be extended).
(4) If an appeal is
made under this section, any other party to the review who made submissions on
the review must be given notice of the appeal and may, on application, be
joined as a party to the appeal.
(5) If a price
determination is stayed by the Commission or the Court, the Commission or
the Court 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) On an appeal,
the Court is only to consider the information on which the Commission based
the price determination or decision that was the subject of the review and any
information put before the Commission on the review.
(7) The Court may, on
an appeal—
(a)
affirm the decision appealed against; or
(b)
remit the matter to the Commission for consideration or further consideration
in accordance with any directions of the Court.
(8) An appeal under
the District Court Act 1991 will lie against a decision of the Court
under this section on a question of law (but not on a question of fact).