Independent Pricing and Regulatory Tribunal Regulation 2017 (NSW)

Independent Pricing and Regulatory Tribunal Regulation 2017

[2017-402]

Status information

Currency of version
Current version for 11 August 2017 to date (accessed 5 February 2019 at 16:30)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2022

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 11 August 2017.

Independent Pricing and Regulatory Tribunal Regulation 2017

[2017-402]

Contents

Independent Pricing and Regulatory Tribunal Regulation 2017

1   Name of Regulation

This Regulation is the Independent Pricing and Regulatory Tribunal Regulation 2017.

2   Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

 This Regulation repeals and replaces the Independent Pricing and Regulatory Tribunal Regulation 2012 which would otherwise be repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definitions

(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.

Note.

 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Object 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.

5   Legal 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.

6   Private 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.

7   Costs 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.

8   Appeals 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.

9   Repeal and savings

(1)  The Independent Pricing and Regulatory Tribunal Regulation 2012 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Independent Pricing and Regulatory Tribunal Regulation 2012, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Independent Pricing and Regulatory Tribunal Regulation 2017 (402). LW 11.8.2017. Date of commencement, on publication on LW, cl 2.