23Re-assessment of costs of compliance with Code

23 Re-assessment of costs of compliance with Code

23 Re-assessment of costs of compliance with Code

(1) Any dispute between a distributor, retailer or exempt person and the Minister (being a dispute as to the cost to the distributor, retailer or exempt person of complying with the Social Programs for Energy Code) is to be referred to a committee constituted by one or more assessors.

(2) The assessor or assessors to constitute any such committee are to be suitably qualified persons appointed by agreement between the distributor, retailer or exempt person and the Minister.

(3) In determining a dispute that has been referred to it under this clause, a committee—

(a) must consider any representations made by the parties to the dispute, and

(b) must determine, on the basis of those representations and any other information available to it—

(i) the amount that is the efficient cost to the distributor, retailer or exempt person of complying with the provision of the Code to which the dispute relates, or

(ii) a methodology by which that cost may be assessed.

(4) A committee may conduct proceedings under this clause in the manner that it considers appropriate.

(5) The committee’s decision on a dispute binds the parties to the dispute, but does not prevent the provision to which it relates from being withdrawn (by an amendment to, or a revocation of, the Code).

(6) The committee’s decision as to the efficient costs to a party to the dispute is taken, for the purposes of applying the Code to the party, to be the relevant amount or the methodology (as the case may be) specified in the Code.

(7) The Code, as it applies to the party, is accordingly taken to be varied from the date specified in the decision.

(8) A committee may determine 2 or more disputes in the same proceedings if it considers that it is appropriate to do so.