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Renewable Energy (Electricity) Bill 2000

Part 6 Objections, reviews and appeals

Division 1 Objections to and review of assessments

54   Objections

                   A liable entity who is dissatisfied with an assessment may object in the manner set out in this Division.

55   How objections are to be made

                   A person making an objection must:

                     (a)  make it in writing; and

                     (b)  lodge it with the Regulator within 60 days after the assessment is made; and

                     (c)  state in it, fully and in detail, the grounds that the person relies on.

56   Limited objection rights in the case of certain amended assessments

                   If the objection is made against an amended assessment, then a liable entity’s right to object against the amended assessment is limited to a right to object against alterations or additions made as part of the amendment of the assessment.

57   Applications for extension of time

             (1)  If the 60 days specified in paragraph 55(b) have passed, the liable entity may nevertheless lodge the objection with the Regulator together with a written request asking the Regulator to deal with the objection as if it had been lodged within the 60 days.

             (2)  The request must state fully and in detail the circumstances concerning, and the reasons for, the person’s failure to lodge the objection with the Regulator within the 60 days.

             (3)  After considering the request, the Regulator must decide whether to agree to it or refuse it.

             (4)  The Regulator must give the person written notice of the Regulator’s decision.

             (5)  If the Regulator decides to agree to the request, then, for the purposes of this Part, the objection is taken to have been lodged with the Regulator within the 60 days.

             (6)  If the Regulator decides to refuse the request, the person may apply to the Administrative Appeals Tribunal for review of the decision.

58   Regulator to decide objections

             (1)  If the objection has been lodged with the Regulator within the 60 days, the Regulator must decide whether to:

                     (a)  allow it, wholly or in part; or

                     (b)  disallow it.

             (2)  Such a decision is in this Part called an objection decision .

             (3)  The Regulator must cause to be served on the person written notice of the Regulator’s objection decision.

59   Person may require Regulator to make an objection decision

             (1)  This section applies if the objection has been lodged with the Regulator within the 60 days and the Regulator has not made an objection decision by whichever is the later of the following times:

                     (a)  the end of the period (the original 60-day period ) of 60 days after whichever is the later of the following days:

                              (i)  the day on which the objection is lodged with the Regulator;

                             (ii)  if the Regulator decides under section 57 to agree to a request in relation to the objection—the day on which the decision is made;

                     (b)  if the Regulator, by written notice served on the liable entity within the original 60-day period, requires the liable entity to give information relating to the objection—the end of the period of 60 days after the Regulator receives that information.

             (2)  The liable entity may give the Regulator a written notice requiring the Regulator to make an objection decision.

             (3)  If the Regulator has not made an objection decision by the end of the period of 60 days after being given the notice, then, at the end of that period, the Regulator is taken to have made a decision under subsection 58(1) to disallow the objection.

60   Liable entity may seek review of, or appeal against, Regulator’s decision

                   If the liable entity is dissatisfied with the Regulator’s objection decision, the liable entity may either:

                     (a)  apply to the Administrative Appeals Tribunal for review of the decision; or

                     (b)  appeal to the Federal Court against the decision.

Note:          Time limits for making applications to the Administrative Appeals Tribunal, and matters related to procedures before that Tribunal are set out in the Administrative Appeals Tribunal Act 1975 .

61   Grounds of objection and burden of proof

                   In proceedings under this Part on a review before the Administrative Appeals Tribunal or on appeal to the Federal Court:

                     (a)  the liable entity is, unless the Administrative Appeals Tribunal or the Federal Court otherwise orders, limited to the grounds stated in the objection; and

                     (b)  the burden of proving that a prescribed decision is incorrect, or that an assessment is excessive, lies on the liable entity.

62   Time limit for appeals

                   An appeal to the Federal Court against an objection decision must be lodged with the Court within 60 days after the person appealing is served with notice of the decision.

63   Order of Federal Court on objection decision

                   Where the Federal Court hears an appeal against an objection decision under section 60, the Court may make such order in relation to the decision as it thinks fit, including an order confirming or varying the decision.

64   Implementation of Federal Court order in respect of objection decision

             (1)  When the order of the Federal Court in relation to the decision becomes final, the Regulator must, within 60 days, take such action, including amending any assessment or determination concerned, as is necessary to give effect to the decision.

             (2)  For the purposes of subsection (1):

                     (a)  if the order is made by the Federal Court constituted by a single Judge and no appeal is lodged against the order within the period for lodging an appeal—the order becomes final at the end of the period; and

                     (b)  if the order is made by the Full Court of the Federal Court and no application for special leave to appeal to the High Court against the order is made within the period of 30 days after the order is made—the order becomes final at the end of the period.

65   Pending appeal not to affect implementation of decisions

                   The fact that an appeal is pending in relation to a decision does not in the meantime interfere with, or affect, the decision and any renewable energy shortfall charge, additional renewable energy shortfall charge or other amount may be recovered as if no appeal were pending.



 

Division 2 Review of other decisions

66   Review of decisions

             (1)  An affected person in relation to a reviewable decision may request that the Regulator reconsider the decision. The following table sets out the reviewable decisions and, for each decision, sets out the provision under which it is made and the affected person in relation to it.

 

Table of reviewable decisions

Item

For a decision ...

made under ...

the affected person is ...

1

to refuse to register a person

section 11

the person.

2

in relation to an application for accreditation of a power station

section 14

the applicant for accreditation.

3

to refuse to accredit a power station

section 15

the applicant for accreditation.

4

not to register a certificate

section 26

the person who created the certificate.

5

to suspend a person’s registration

section 30

the registered person.

6

assessing additional renewable shortfall charge

section 102

the liable entity that is liable to pay the additional renewable energy shortfall charge.

7

not to remit, or to remit only a part of, additional renewable energy shortfall charge

section 103

the liable entity that is liable to pay the additional renewable energy shortfall charge.

             (2)  The request must be:

                     (a)  in writing; and

                     (b)  given to the Regulator within 60 days of the making of the decision.

             (3)  The Regulator must reconsider the decision and confirm, vary or set aside the decision.

Note:          Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights.

             (4)  The Regulator is taken to have confirmed the decision under subsection (3) if the Regulator does not give written notice of the Regulator’s decision under that subsection within 60 days of the request.

             (5)  Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Regulator under subsection (3) to confirm, vary or set aside the decision.