sec.12BGeneral restrictions on functions

sec.12B General restrictions on functions

The energy and water ombudsman can not accept a referral about or investigate any of the following— the content of government policies or of legislation, an energy Act authority, an industry code or the customer water and wastewater code; a matter that has already been decided by a proceeding; a matter the subject of an unfinished proceeding started before the referral. However, subsection (1) (c) does not apply if— the energy and water ombudsman and the parties to the proceeding agree that the ombudsman may investigate the matter; or an order in the proceeding requires the energy and water ombudsman to investigate the matter. In this section— proceeding includes arbitration. s 12B ins 2010 No. 53 s 13 (sec.12B-ssec.1) The energy and water ombudsman can not accept a referral about or investigate any of the following— the content of government policies or of legislation, an energy Act authority, an industry code or the customer water and wastewater code; a matter that has already been decided by a proceeding; a matter the subject of an unfinished proceeding started before the referral. (sec.12B-ssec.2) However, subsection (1) (c) does not apply if— the energy and water ombudsman and the parties to the proceeding agree that the ombudsman may investigate the matter; or an order in the proceeding requires the energy and water ombudsman to investigate the matter. (sec.12B-ssec.3) In this section— proceeding includes arbitration.

• (a) the content of government policies or of legislation, an energy Act authority, an industry code or the customer water and wastewater code;
• (b) a matter that has already been decided by a proceeding;
• (c) a matter the subject of an unfinished proceeding started before the referral.
• (a) the energy and water ombudsman and the parties to the proceeding agree that the ombudsman may investigate the matter; or
• (b) an order in the proceeding requires the energy and water ombudsman to investigate the matter.