49Commission may decide certain matters

49 Commission may decide certain matters S. 49(1) amended by No. 62/2001 s. 70(d). (1) The Commission, at the request of the Secretary to the Department of Human Services or a retailer, may— S. 49(1)(a) amended by No. 75/2004 s. 24(2)(a)(i)(ii). (a) decide matters referred by the Secretary or retailer for decision for the purposes of making an agreement referred to in section 47 or 48; or S. 49(1)(b) amended by No. 75/2004 s. 24(2)(b)(i)(ii). (b) if an agreement referred to in section 47 or 48 has been entered into or deemed to be entered into on terms and conditions determined by the Secretary under section 47, decide matters relating to those terms and conditions (including the variation of any of those terms and conditions) referred by the Secretary or retailer for decision. S. 49(2) amended by No. 75/2004 s. 24(2)(c). (2) A request relating to a term or condition determined by the Secretary under section 47 must be made within one month after notice of the decision is given. S. 49(3) amended by Nos 62/2001 s. 70(d), 75/2004 s. 24(2)(c). (3) A decision by the Commission on matters referred under subsection (1) is binding on the parties to the agreement. S. 49(4) amended by Nos 62/2001 s. 70(d), 75/2004 s. 24(2)(c). (4) If a decision of the Commission on matters referred under subsection (1) varies a term or condition of an agreement, that agreement is deemed to be so varied on that decision being made. S. 49(5) amended by No. 62/2001 s. 70(d). (5) The matters which may be referred to the Commission under this section do not include— (a) any matters relating to the class of domestic customers specified by the Secretary under section 47; or S. 49(5)(b) amended by No. 13/2001 s. 7. (b) any matters determined by the Secretary under section 47(1)(a). Pt 2 Div. 8 (Heading and ss 49A‑49K) inserted by No. 55/2007 s. 3, amended by No. 51/2012 s. 4, substituted as Pt 2 Div. 8 (Heading and ss 49A–49C) by No. 18/2024 s. 26.