Independent Pricing and Regulatory Tribunal Regulation 1996 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Independent Pricing and Regulatory Tribunal Regulation 1996.

2Definitions

In this Regulation:

dispute means a dispute under Part 4A of the Act.

the Act means theIndependent Pricing and Regulatory Tribunal Act 1992.

3Notes

The explanatory note and table of contents do not form part of this Regulation.

Part 2Application of Commercial Arbitration Act 19844Object of Part

The object of this Part is, in accordance with section 24A (2) of the Act, to modify the application of the Commercial Arbitration Act 1984 to the arbitration of a dispute.

5Appearance of legal practitioners(1)

A party to a dispute may be represented in proceedings before an arbitrator by a legal practitioner only by leave granted by the arbitrator.

(2)

An arbitrator may grant leave only if the arbitrator is of the opinion:

• (a)

  that representation of the party by a legal practitioner is likely to shorten the hearing of the dispute or to reduce the costs of the dispute, or

• (b)

  that the party would be unfairly disadvantaged if the party was not represented by a legal practitioner.

(3)

This clause has effect instead of section 20 (1) of the Commercial Arbitration Act 1984.

6Private hearing of disputes

A dispute is to be heard in private, unless the arbitrator otherwise directs.

7Costs of arbitration

For the purposes of section 34 (1) of the Commercial Arbitration Act 1984, and without limiting the fees and expenses of the arbitrator as referred to in that subsection, the fees and expenses of the arbitrator are taken to include all costs incurred by the arbitrator and by the Independent Pricing and Regulatory Tribunal in relation to the arbitration of a dispute, including administrative costs, costs incurred in engaging consultants and expert witnesses, and witnesses’ expenses.

Part 3Savings and transitional8References to Licence Compliance Advisory Board

A reference in any Act, in any instrument made under any Act or in any other instrument of any kind to the Licence Compliance Advisory Board is taken to be a reference to the Tribunal.