VICIn ForceAct
Port Management Act 1995
49QPerson provided prescribed services may complain to ESC in relation to the provision of such services
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49Q Person provided prescribed services may complain to ESC in relation to the provision of such services
(1) This section applies if a person who is provided prescribed services considers that the provider of those services has not, in providing the services, complied with the Pricing Order which applies to those services.
(2) The person may complain to the Commission about the non-compliance with the Pricing Order.
(3) On receiving a complaint under subsection (2), the Commission may investigate the complaint.
(4) In investigating the complaint, the Commission may have regard to any matter raised or considered in—
(a) the Commission's most recent final published report; and
(b) any application to the Supreme Court under section 49P.
The Commission must also have regard to the objectives of this Part and the objectives under section 8 of the **Essential Services Commission Act 2001** when investigating a complaint—see section 48A.
(5) The Commission must inform the person of the outcome of its investigation of the person's complaint.
(6) If the Commission considers that the issues raised in the complaint have not been considered or dealt with under a Pricing Order or Division 2A or 2B, the Commission may refer the complaint to the ESC Minister.
Pt 3 Div. 2D (Heading and ss 49R–49ZH) inserted by No. 10/2016 s. 108.