Document ID: chunk:federal_register_of_legislation:C2004A00716:clause:1_144:p1
Version: federal_register_of_legislation:C2004A00716
Segment Type: clause
Provision Reference: sch 1 cl 144 (pt 1/3)
Character Range: 55125–57858

144  After section 10.82
Insert:

Division 14A—Review of decisions of Commission

10.82A  Review by Tribunal

 (1) For the purposes of this section, each of the following decisions of the Commission is a reviewable decision:
 (a) a decision to refuse to hold an investigation under subsection 10.48(2) or 10.58(2);
 (b) a decision under section 10.88 to:
 (i) exclude a document, or the particulars of a submission, from the register of Commission investigations; or
 (ii) refuse to exclude a document, or the particulars of a submission, from the register of Commission investigations.

 (2) If the Commission makes a reviewable decision:
 (a) a person whose interests are affected by the decision; or
 (b) a designated shipper body;
may apply in writing to the Tribunal for a review of the decision.

 (3) An application under this section for a review of a decision must be made within 21 days after the Commission made the decision.

 (4) If the Tribunal receives an application under this section for a review of a decision, the Tribunal must review the decision.

10.82B  Functions and powers of Tribunal

 (1) On a review of a decision of the Commission of a kind mentioned in section 10.82A, the Tribunal may make a decision affirming, setting aside or varying the decision of the Commission and, for the purposes of the review, may perform all the functions and exercise all the powers of the Commission.

 (2) A decision by the Tribunal affirming, setting aside or varying a decision of the Commission is taken for the purposes of this Act (other than this Division) to be a decision of the Commission.

 (3) For the purposes of a review by the Tribunal, the member of the Tribunal presiding at the review may require the Commission to give such information, make such reports and provide such other assistance to the Tribunal as the member specifies.

 (4) For the purposes of a review, the Tribunal may have regard to any information given, documents produced or evidence given to the Commission in connection with the making of the decision to which the review relates.

Note: Division 2 of Part IX applies to proceedings before the Tribunal.

10.82C  Provisions that do not apply in relation to a Tribunal review

  Division 1 of Part IX does not apply in relation to a review by the Tribunal of a decision of the Commission of a kind mentioned in section 10.82A.

Division 14B—Review of decisions of Minister

10.82D  Review by Tribunal

 (1) For the purposes of this section, each of the following decisions of the Minister is a reviewable decision:
 (a) a decision to:
 (i) give; or
 (ii) refuse to give;
  a direction under subsection 10.44(1), subsection 10.46(3), paragraph 10.49(3)(b), subsection 10.51(1),