24EApplications for review

24E Applications for review

S. 24E(1) amended by No. 21/2019 s. 25(2).

(1) A person whose interests are affected by a requirement of the Commission under section 24B(1)(a) or a decision of the Commission under section 24C(4) may apply to VCAT for review of that requirement or decision.

S. 24E(2) amended by No. 21/2019 s. 25(3).

(2) An application to VCAT may only be made on the ground that—

(a) the requirement or decision was not made in accordance with the law; or

(b) the requirement or decision is unreasonable having regard to all relevant circumstances.

S. 24E(3) amended by No. 21/2019 s. 25(4).

(3) The person must lodge notice of the application with the Commission within 7 working days after the person is given notice of the requirement or decision.

S. 24E(4) repealed by No. 21/2019 s. 25(5).

S. 24E(5) amended by No. 21/2019 s. 25(6).

(5) Sections 56 and 56A of the Essential Services Commission Act 2001 apply to an application under this section.

(6) For the purposes of subsection (5)—

S. 24E(6)(a) amended by No. 21/2019 s. 25(7)(a).

(a) section 56 of the Essential Services Commission Act 2001 applies as if paragraph (b) formed part of that section;

S. 24E(6)(b) amended by No. 21/2019 s. 25(7)(b).

(b) in the case of an application under section 24E(1)—

(i) may affirm, cancel or modify the requirement made under section 24B(1)(a);

(ii) may affirm, cancel or modify the terms of a confidentiality agreement decided by the Commission under section 24C(4);

S. 24E(6)(b)(iii) amended by No. 21/2019 s. 25(7)(c).

(iii) may remit the matter back to the Commission to be dealt with in accordance with the decision and recommendations (if any) of VCAT.

S. 24E(6)(b)(iv) repealed by No. 21/2019 s. 25(7)(d).

S. 25 repealed by No. 62/2001 s. 84.

Pt 3 Div. 3 (Heading and ss 25A–25K) inserted by No. 62/2001 s. 85(1).