Office of the Regulator-General (Amendment) Act 1999 (Vic)

Office of the Regulator-General (Amendment) Act

1999

Act No. 11/1999

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	1
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

Victoria

No. 11 of 1999

Office of the Regulator-General

(Amendment) Act 1999†

[Assented to 11 May 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 appeal panels.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. Principal Act

Office of the Regulator-General (Amendment) Act 1999

Act No. 11/1999

In this Act, the Office of the Regulator-General	No. 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

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

(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
"3 persons" substitute "a chairperson and 2 other

persons".

6. Decision of appeal panel

For section 38(4) of the Principal Act,
substitute—

"(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 37(2)(a)—

(i)  may determine whether or not there has been bias; and

(ii)  if it determines that there has been bias, may set aside the

Office of the Regulator-General (Amendment) Act 1999

s. 7 Act No. 11/1999

determination of the Office and
remit it to the Office for
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 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 error; or

(iii) the Office and remit it to the
Office for amendment of the
determination in accordance with

may set aside the determination of (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

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 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

Office of the Regulator-General (Amendment) Act 1999

Act No. 11/1999 s. 7

(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
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 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 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.

(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

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 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

unavailable

Office of the Regulator-General (Amendment) Act 1999

s. 9 Act No. 11/1999

(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
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 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

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
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

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 apply";
(b)	in section 27D(5), for "Section 38 applies" substitute "Sections 38, 38A, 38B and 38C apply".

9. Part 6 inserted

After section 43 of the Principal Act insert—

Office of the Regulator-General (Amendment) Act 1999

Act No. 11/1999

"PART 6—TRANSITIONAL PROVISIONS

44.

Transitional provision commencement of the Office of the 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. 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" 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

(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 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.

(3) In section 43 of the Principal Act, for sub-section

(2) substitute—

Office of the Regulator-General (Amendment) Act 1999

s. 11 Act No. 11/1999

"(2) The Regulations are subject to disallowance by a House of the Parliament.".

═══════════════
Office of the Regulator-General (Amendment) Act 1999

Act No. 11/1999 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 25 March 1999

Legislative Council: 20 April 1999

The long title for the Bill for this Act was "to amend the Office of the
Regulator-General Act 1994 and for other purposes."