29Appeals against certain decisions or actions of the AER

29 Appeals against certain decisions or actions of the AER (1) This section applies if the AER, in exercise or performance, or purported exercise or performance, of a relevant regulatory function or power conferred on it under section 23, makes— S. 29(1)(a) amended by No. 41/2021 s. 131. (a) a requirement under section 37 of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**; or S. 29(1)(b) amended by No. 41/2021 s. 131. (b) a decision to disclose information or the contents of a document given to the AER by a person under a notice given by the AER under section 38(2)(c) or 38(2)(d) of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**; or (c) a determination that— (i) revokes and substitutes the 2006–2010 distribution pricing determination or a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or (ii) amends— (A) the 2006–2010 distribution pricing determination; or (B) a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or (d) a decision or determination under the AMI Order. (2) A person who is aggrieved by the requirement, decision or determination may appeal to the Tribunal against the making of the requirement, decision or determination. S. 29(3) amended by No. 21/2019 s. 26(1)(a). (3) Sections 55 and 56 of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of Division 1 of Part 2 of the **Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019**, apply to an appeal under this section as if— S. 29(3)(a) substituted by No. 55/2010 s. 43. (a) section 55(1) were omitted; and S. 29(3)(ab) inserted by No. 55/2010 s. 43. (ab) in section 55(1A), the reference to subsection (1) were a reference to subsection (2) of this section; and S. 29(3)(aba) inserted by No. 21/2019 s. 26(1)(b). (aba) in section 55(2)(c)(ii), for "determination" there were substituted "decision or determination"; and S. 29(3)(ac) inserted by No. 55/2010 s. 43. (ac) in those sections— (i) a reference to section 55(1)(a) were a reference to subsection (1)(a) of this section; and (ii) a reference to section 55(1)(b) were a reference to subsection (1)(b) of this section; and (iii) a reference to section 55(1)(c) were a reference to subsection (1)(c) or (d) of this section; and (b) in section 55(3) for "the Registrar" there were substituted "the Tribunal"; and S. 29(3)(ba) inserted by No. 21/2019 s. 26(1)(c). (ba) in section 55(3)(b) and (6), for "determination" there were substituted "decision or determination"; and (c) section 56(1) to (3) and (5) were omitted; and S. 29(3)(ca) inserted by No. 21/2019 s. 26(1)(d). (ca) in section 56(7)(c)(ii) and (d)(i) or (ii), a reference to a determination of the Commission were a reference to a decision or determination of the Commission; and (d) a reference in those sections to the Commission were a reference to the AER; and (e) a reference in those sections to an appeal panel were a reference to the Tribunal. S. 29(4) amended by Nos 46/2015 s. 3(a), 21/2019, s. 26(2). (4) Part 3 of the Essential Services Commission Regulations 2011, as in force immediately before the commencement of Division 1 of Part 2 of the **Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019**, applies to an appeal under this section as if— S. 29(4)(a) amended by No. 46/2015 s. 3(b). (a) regulations 11 and 12 of that Part were omitted; and (b) a reference in that Part to the Commission were a reference to the AER; and (c) a reference in that Part to an appeal panel were a reference to the Tribunal; and (d) a reference in that Part to the Registrar were a reference to the Tribunal. S. 29(5) def. of *Tribunal* amended by No. 21/2012 s. 239(Sch. 6 item 29.2). ***Tribunal*** means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal. S. 29A inserted by No. 46/2015 s. 4.