Australian Capital Territory Numbered Acts

GAS ACT 1992 (NO. 41 OF 1992) - SECT 110

110. (1) Application may be made to the Tribunal for review of a decision of the Minister—

        (a)     determining the amount of compensation payable to an authorised distributor under subsection 38 (2);

        (b)     determining the amount of compensation payable to a person under subsection 41 (5);

        (c)     refusing to consent to the surrender of an authorisation under section 42 ; or

        (d)     refusing to approve an activity as a secondary gas activity under subsection 109 (1).

(2) Application may be made to the Tribunal for review of a decision of the Controller—

(a)     requiring an authorised distributor to take any action necessary to rectify a failure to comply with the Manual under subsection 59 (1);

(b)     requiring an authorised distributor to take the action referred to in paragraph (a) within a specified period under subsection 59 (1);

(c)     requiring an authorised distributor to cease reticulating gas to premises under subsection 61 (1);

(d)     agreeing to an authorised distributor sending a revised account to a consumer under subsection 92 (6); or

(e)     agreeing to an authorised distributor sending a revised account in respect of a specified period under subsection 92 (6).

(3) Application may be made to the Tribunal for review of a decision of an authorised distributor—

(a)     to exercise any of its powers under section 78 in relation to land that is not part of a public street or public place;

(b)     requesting an owner or occupier to clear vegetation under subsection 79 (1); or

(c)     requesting an owner or occupier to clear vegetation within a specified period under subsection 79 (1).

(4) Where a decision of the kind referred to in subsection (1) is made, the Minister shall, within 28 days after the date of the decision, give notice in writing of the decision—

(a)     in the case of a decision of the kind referred to in paragraph (1) (a)—to the authorised distributor;

(b)     in the case of a decision of the kind referred to in paragraph (1) (b)—to the person whose authorisation has been revoked; or

(c)     in the case of a decision of the kind referred to in paragraph (1) (c) or (d)—to the applicant.

(5) A notice under subsection 59 (1), 61 (1), 78 (3) or 79 (1), paragraph 92 (6) (b) or this section shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and

        (b)     except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement under section 26 of that Act.

(6) The validity of a decision referred to in subsection (1), (2) or (3) is not to be taken to be affected by a failure to comply with subsection (5).

(7) Where a person applies for review of a decision of a kind referred to in subsection (3), the operation of the decision is stayed from the date on which the application is made until—

(a)     the application is withdrawn; or

(b)     if it is not withdrawn—the Tribunal has disposed of the application.

(8) Subsection (7) does not apply in relation to a decision of the kind referred to in paragraph (3) (a) if the decision was made in an emergency.