Div 3AMerits review and other non-judicial review

Division 3A—Merits review and other non-judicial review 71A—Definitions applicant means— (b) a person who makes an application under section 71S; information disclosure decision means— (a) a decision to disclose information made by the AER under section 28ZB; or (b) a decision to disclose information made by AEMO under section 54H; review under this Division means a review under Subdivision 3. Subdivision 3—Tribunal review of information disclosure decisions 71S—Application for review (1) A person whose interests are adversely affected by an information disclosure decision may apply to the Tribunal for a review of the decision. (2) An application must be made in the form and manner determined by the Tribunal. (3) An application may only be made on the ground that— (a) the decision was not made in accordance with law; or (b) the decision is unreasonable having regard to all relevant circumstances. (4) The person must lodge the application with the Tribunal no later than 5 business days after the date of the last notice given under section 28ZB or section 54H (as the case requires). (5) An application under this section stays the operation of the decision until the earlier of— (a) 20 business days; or (b) the making of a determination by the Tribunal in respect of the application. 71T—Exclusion of public in certain cases On the application of a party to a review under this Subdivision, the Tribunal may conduct the review in the absence of the public. 71U—Determination in the review (1) Subject to this Division, on receipt of an application under section 71S, the Tribunal must make a determination in respect of the application. (2) A determination under this section must only— (a) affirm the information disclosure decision; or (b) forbid disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates; or (c) restrict, as specified in the determination, the intended disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates. (3) For the purposes of making a determination of the kind in subsection (2)(a), the Tribunal may perform all the functions and exercise all the powers of the AER or AEMO (as the case requires) under this Law or the Rules. (4) A determination by the Tribunal affirming the information disclosure decision, or forbidding or restricting disclosure of information, is, for the purposes of this Law (other than this Part), to be taken to be a decision of the AER or AEMO (as the case requires). 71V—Tribunal must be taken to have affirmed decision if decision not made within time (1) This section applies if the Tribunal does not make a determination under section 71U within 20 business days after an application is lodged under section 71S. (2) The Tribunal must be taken to have made a determination under section 71U affirming the information disclosure decision to which the application relates. 71W—Assistance from AER or AEMO The member of the Tribunal presiding in the review may require the AER or AEMO (as the case requires) to give information, to make a report or to give other assistance for the purposes of the review. Subdivision 4—General 71X—Costs in a review (1) Subject to this section, the Tribunal may order that a party to a review under this Division pay all or a specified part of the costs of another party to the review. (2) The Tribunal must not make an order requiring the AER to pay the costs of another party to the review unless the Tribunal considers that the AER has conducted their case in the review without due regard to— (a) the costs that would have to be incurred by another party to the review as a result of that conduct; or (b) the time required by— (i) the Tribunal to hear the review as a result of that conduct; or (ii) another party to prepare their case as a result of that conduct; or (c) the submissions or arguments made to the Tribunal by another party. 71Y—Amount of costs (1) If the Tribunal makes an order for costs in a review under this Division, the Tribunal may in that order fix the amount of costs payable by a party to the review on— (a) a party and party basis; or (b) a solicitor and client basis; or (c) an indemnity basis; or (d) any other basis as the Tribunal may decide.