Application by EnergyAustralia and Others [2009] ACompT 8

AUSTRALIAN COMPETITION TRIBUNAL

Application by EnergyAustralia and Others [2009] ACompT 8

COMPETITION LAW – Review of decision of Australian Energy Regulator pursuant to National Electricity Law - merits review – judicial review – consideration of grounds of review - whether exercise of discretion was incorrect – whether decision was unreasonable – scope of separate ground of review of 'unreasonableness' – whether a decision under review is 'unreasonable in all the circumstances' – circumstances where the Tribunal may remit a matter for determination by the Regulator

EVIDENCE – Tribunal limited to information, documents, material and matters before the Regulator – extent to which the Tribunal may have regard to non 'review related matter' – matters to which the Tribunal may have regard

NATIONAL ELECTRICITY LAW – National electricity pricing and revenue regime – application for review of distribution and transmission determinations – distribution and transmission network service providers – assessment of appropriate regulatory control period – whether Regulator reasonably withheld agreement to proposed averaging period – whether decision was made by reference to national electricity objectives and pricing principles Gas Pipelines Access (South Australia) Act 1997 (SA) National Electricity Law National Electricity Rules

Application by East Australian Pipeline Ltd (2005) ATPR 42-047 Application by EnergyAustralia (2009) ACompT 7 Application by Epic Energy South Australia Pty Ltd (2003) ATPR 41-932 Australian Competition and Consumer Commission (ACCC) v Australian Competition Tribunal (2006) 152 FCR 33 East Australian Pipeline Pty Ltd v Australian Competition and Consumer Commission (2007) 233 CLR 229 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259