Independent Competition and Regulatory Commission Act 1997
24KRight of review
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24K Right of review (1) An eligible person may apply for review by an industry panel of a price direction for regulated services. (2) An application must include— (a) the grounds for review, and the evidence relied on to support each ground; and (b) a statement setting out how, having regard to the commission’s objective when making a price direction, a new price direction would be, or would be likely to be, materially better than the original price direction.
(3) An application for review must be lodged with the commission within 3 months after the final report into the price direction investigation is presented to the Legislative Assembly under section 24 (Presenting of reports to Legislative Assembly). (4) After lodgment of an application for review, the commission must— (a) give all other eligible people a copy of the application, inviting them to lodge written notice with the commission within 14 days if they intend to appear as a party; and (b) give public notice of the application. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). 24KA Grounds for review An application for review of a price direction may only be made on 1 or more of the following grounds: (a) the commission made an error of fact in its findings of facts that was material to the making of the price direction; (b) the commission made more than 1 error of fact in its findings of facts and the errors, in combination, were material to the making of the price direction; (c) the exercise of the commission’s discretion in the making of the price direction was incorrect having regard to all the circumstances; (d) the price direction made by the commission was unreasonable having regard to all the circumstances.