Independent Pricing and Regulatory Tribunal Regulation 2022 (NSW)

1Name of Regulation

This Regulation is the Independent Pricing and Regulatory Tribunal Regulation 2022.

2Commencement

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repeals and replaces the Independent Pricing and Regulatory Tribunal Regulation 2017, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3Definitions

In this Regulation—

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

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.

4Object of Regulation

The object of this Regulation is to modify, for the Act, section 24A, 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 by an Australian legal practitioner in proceedings before an arbitrator only if leave is granted by the arbitrator.

(2)

An arbitrator may grant leave only if, in the arbitrator’s opinion—

• (a)

  representation of the party by an Australian legal practitioner—

  • (i)

    is likely to shorten the hearing of the dispute, or

  • (ii)

    is likely to reduce the costs of the dispute, or

  • (iii)

    will assist the arbitrator in the conduct of the arbitration, or

• (b)

  the party will be unfairly disadvantaged if the party is not represented by an Australian legal practitioner.

(3)

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

6Private hearing of disputes

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

7Costs of arbitration(1)

For the purposes of the Commercial Arbitration Act 2010, section 33B, the fees and expenses of the arbitrator or arbitrators are taken to include all costs in relation to the arbitration of a dispute incurred by—

• (a)

  the arbitrator or arbitrators, and

• (b)

  the Tribunal.

(2)

For subsection (1), costs include the following—

• (a)

  administrative costs,

• (b)

  costs of engaging consultants and expert witnesses,

• (c)

  witnesses’ expenses.

(3)

Subsections (1) and (2) do not limit the fees or expenses of the arbitrator or arbitrators.

8Appeals against awards(1)

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

(2)

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

9Repeal and savings(1)

The Independent Pricing and Regulatory Tribunal Regulation 2017 is repealed.

(2)

An act, matter or thing that, immediately before the repeal of the Independent Pricing and Regulatory Tribunal Regulation 2017, had effect under that Regulation continues to have effect under this Regulation.

Historical notesTable of amending instruments

Independent Pricing and Regulatory Tribunal Regulation 2022 (524). LW 31.8.2022. Date of commencement, on publication on LW, sec 2.