Independent Pricing and Regulatory Tribunal Regulation 2012 (NSW)

1Name of Regulation

This Regulation is the Independent Pricing and Regulatory Tribunal Regulation 2012.

2Commencement

This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Independent Pricing and Regulatory Tribunal Regulation 2007 which is repealed on 1 September 2012 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

dispute means a dispute referred to in section 24A of the Act.

the Act means the Independent Pricing and Regulatory Tribunal Act 1992.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Object of Regulation

The object of this Regulation is, in accordance with section 24A (2) of the Act, to modify the application of the Commercial Arbitration Act 2010 to the arbitration of a dispute.

5Legal representation(1)

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

(2)

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

• (a)

  that representation of the party by an Australian 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 were not represented by an Australian legal practitioner, or

• (c)

  that representation of the party by an Australian legal practitioner would assist the arbitrator in the conduct of the arbitration.

(3)

This clause has effect instead of section 24A of the Commercial Arbitration Act 2010.

6Private hearing of disputes

Despite sections 27E–27I of the Commercial Arbitration Act 2010, a dispute is to be heard in private, unless the arbitrator otherwise directs.

7Costs of arbitration

For the purposes of section 33B of the Commercial Arbitration Act 2010, and without limiting the fees or expenses of the arbitrator or arbitrators, the fees and expenses of the arbitrator or arbitrators are taken to include:

• (a)

  all costs incurred by the arbitrator or arbitrators, and

• (b)

  all costs incurred by the Tribunal,

in relation to the arbitration of a dispute, including administrative costs, costs incurred in engaging consultants and expert witnesses, and witnesses’ expenses.

8Appeals against awards(1)

A party to a dispute may, with the leave of the Supreme Court, appeal to that Court on a question of law arising out of an award.

(2)

Subclause (1) has effect instead of section 34A (1) and (2) of the Commercial Arbitration Act 2010.

9Saving

Any act, matter or thing that, immediately before the repeal of the Independent Pricing and Regulatory Tribunal Regulation 2007, had effect under that Regulation continues to have effect under this Regulation.