33Appeals against certain decisions or actions of the AER

33 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 gas distribution system regulatory function or power conferred on it under section 28, makes— S. 33(1)(a) amended by No. 41/2021 s. 134. (a) a requirement under section 37 of the **Essential Services Commission Act 2001**, as in force immediately before section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**; or S. 33(1)(b) amended by No. 41/2021 s. 134. (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 section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**. (2) A person who is aggrieved by the requirement or decision may appeal to the Tribunal against the making of the requirement or decision. S. 33(3) amended by No. 21/2019 s. 27(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— (a) a reference in those sections to section 55(1) were a reference to subsection (1) of this section; and S. 33(3)(ab) inserted by No. 21/2019 s. 27(1)(b). (ab) 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 (b) in section 55(3) for "the Registrar" there were substituted "the Tribunal"; and (c) section 56(1) to (3) and (5) were omitted; 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. 33(4) amended by No. 21/2019 s. 27(2)(a). (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. 33(4)(a) amended by No. 21/2019 s. 27(2)(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. 33(5) def. of *Tribunal* amended by No. 21/2012 s. 239(Sch. 6 item 30). ***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.