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PARLIAMENT OF VICTORIA
Office of the Regulator-General (Amendment) Act
1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Clarification of grounds of appeal 2
5. Chairperson of appeal panel 2
6. Decision of appeal panel 2
7. New sections 38A, 38B and 38C inserted 3
38A. Decision if appeal panel not unanimous 3
38B. Disclosure of interests 3
38C. Member of appeal panel becomes unavailable 4
8. Consequential amendments to Principal Act 5
9. Part 6 inserted 5
PART 6--TRANSITIONAL PROVISIONS 6
44. Transitional provision 6
10. Consequential amendments to other Acts 6
11. Statute law revision 6
NOTES 8
i
532140B.I1-19/3/99
PARLIAMENT OF VICTORIA
A BILL
to amend the Office of the Regulator-General Act 1994 and for
other purposes.
Office of the Regulator-General
(Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Office of the Regulator-General Act 1994 to
provide for certain procedural matters relating to
5 appeal panels.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
1
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Office of the Regulator-General (Amendment) Act 1999
s. 3
Act No.
3. Principal Act
Act No. In this Act, the Office of the Regulator-General
42/1994.
Act 1994 is called the Principal Act.
Reprint No. 2
as at 19 June
1997. Further
amended by
Nos 46/1998,
91/1998 and
98/1998.
4. Clarification of grounds of appeal
5 In section 37 of the Principal Act, for sub-section
(2) substitute--
"(2) The ground for an appeal under this section
is that--
(a) there has been bias; or
10 (b) the determination is based wholly or
partly on an error of fact in a material
respect.".
5. Chairperson of appeal panel
In section 38(1) of the Principal Act, for
15 "3 persons" substitute "a chairperson and 2 other
persons".
6. Decision of appeal panel
For section 38(4) of the Principal Act,
substitute--
20 "(4) The appeal panel has such of the powers of
the Office under Part 3 as are necessary to
enable the appeal panel to determine whether
the appeal should be granted and--
(a) in the case of an appeal under section
25 37(2)(a)--
(i) may determine whether or not
there has been bias; and
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Office of the Regulator-General (Amendment) Act 1999
s. 7
Act No.
(ii) if it determines that there has been
bias, may set aside the
determination of the Office and
remit it to the Office for
5 amendment of the determination
in accordance with the decision
and recommendations (if any) of
the appeal panel; and
(b) in the case of an appeal under section
10 37(2)(b)--
(i) may affirm the determination of
the Office; or
(ii) may vary the determination of the
Office in order to correct the
15 error; or
(iii) may set aside the determination of
the Office and remit it to the
Office for amendment of the
determination in accordance with
20 the decision and recommendations
(if any) of the appeal panel.".
7. New sections 38A, 38B and 38C inserted
After section 38 of the Principal Act insert--
"38A. Decision if appeal panel not unanimous
25 If the members constituting an appeal panel
are divided in opinion as to the decision to
be made on any question--
(a) if there is a majority of the one opinion,
the question shall be decided according
30 to the opinion of the majority; or
(b) in any other case, the question shall be
decided according to the opinion of the
chairperson.
38B. Disclosure of interests
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Office of the Regulator-General (Amendment) Act 1999
s. 7
Act No.
(1) If a person is, or is to be, a member of an
appeal panel and the person has or acquires
any interests, pecuniary or otherwise, that
could conflict with the proper performance
5 of the functions of that person in relation to
an appeal--
(a) the person must disclose the interest to
the Minister; and
(b) the person must not take part, or
10 continue to take part, in the hearing of
the appeal if--
(i) the Minister gives a direction
under sub-section (2)(a); or
(ii) if the Minister has caused the
15 interest of the person to be
disclosed to the parties to the
hearing, all the parties do not
consent to the person being a
member of the appeal panel.
20 (2) If the Minister receives a disclosure of an
interest under sub-section (1) or becomes
aware that a person is, or is to be, a member
of an appeal panel in relation to a hearing
and that the person has in relation to the
25 hearing such an interest--
(a) if the Minister considers that the person
should not take part, or should not
continue to take part, in the hearing, the
Minister must give a direction to the
30 person accordingly; or
(b) in any other case, the Minister must
cause the interest of the person to be
disclosed to the parties to the hearing.
38C. Member of appeal panel becomes
35 unavailable
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Office of the Regulator-General (Amendment) Act 1999
s. 8
9
Act No.
(1) This section applies where a hearing before
an appeal panel has been commenced or
completed by the appeal panel but, before
the matter has been determined, one of the
5 members constituting the panel has ceased to
be a member of the panel or has ceased to be
available for the purposes of the hearing.
(2) If the Minister is satisfied that sub-section
(1) applies in relation to a hearing, the
10 Minister may appoint a member of the
appeal panels pool to take the place of the
person referred to in sub-section (1) for the
purposes of the hearing.
(3) If sub-section (1) applies in relation to a
15 hearing that has been dealt with by an appeal
panel, the Minister may, instead of
appointing a member under sub-section (2),
direct that the determination of the hearing
be completed by the appeal panel constituted
20 by the remaining members.
(4) An appeal panel as constituted in accordance
with any of the provisions of this section for
the purposes of a hearing may have regard to
any record of proceedings for the appeal
25 panel as previously constituted.".
8. Consequential amendments to Principal Act
In the Principal Act--
(a) in section 27B(6), for "Section 38 applies"
substitute "Sections 38, 38A, 38B and 38C
30 apply";
(b) in section 27D(5), for "Section 38 applies"
substitute "Sections 38, 38A, 38B and 38C
apply".
9. Part 6 inserted
35 After section 43 of the Principal Act insert--
5
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Office of the Regulator-General (Amendment) Act 1999
s. 11
Act No.
"PART 6--TRANSITIONAL PROVISIONS
44. Transitional provision
This Act, as in force immediately before the
commencement of the Office of the
5 Regulator-General (Amendment) Act
1999, continues to apply to an appeal in
respect of which a notice of appeal has been
lodged with the Office before that
commencement.".
10 10. Consequential amendments to other Acts
(1) In the Gas Industry Act 1994--
(a) in section 45L(1), for "for the purposes of
section 38" substitute "under section 38(2)";
(b) in section 48ZQ(3)(a), for "3 persons"
15 substitute "a chairperson and 2 other
persons";
(c) in section 48ZQ(4), for "and (7)" substitute
", (7) and sections 38A, 38B and 38C".
(2) In section 21 of the Gas Pipelines Access
20 (Victoria) Act 1998--
(a) in sub-section (2), for "3 persons" substitute
"a chairperson and 2 other persons";
(b) in sub-section (3) for "Regulations"
substitute "Sections 38A, 38B and 38C and
25 Regulations".
11. Statute law revision
(1) In section 27C(3)(a) of the Principal Act, after
"section 21" insert "or".
(2) Section 27G of the Principal Act is repealed.
30 (3) In section 43 of the Principal Act, for sub-section
(2) substitute--
6
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Office of the Regulator-General (Amendment) Act 1999
Act No.
"(2) The Regulations are subject to disallowance
by a House of the Parliament.".
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Office of the Regulator-General (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Office of the Regulator-General (Amendment) Act 1999
Act No.
9
532140B.I1-19/3/99
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