Proposed Removal of Limited Merits Review under Energy Laws

NSW Govt Inquiry into Electricity Prices
August 16, 2017
The Integrity of the Water Market in the Murray-Darling Basin Inquiry Commissioned
August 22, 2017

Proposed Removal of Limited Merits Review under Energy Laws

The Government has introduced the Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 (Cth) that seeks to amend the Competition and Consumer Act 2010 (Cth) with the intention of preventing the Australian Competition Tribunal (the Tribunal) from reviewing certain decisions made under the national energy laws and to ensure that decisions made by the Australian Energy Regulator (AER) under those laws are not subject to merits review by any other State or Territory body. Economic regulatory decisions are currently subject to limited merits review (LMR) by the Tribunal. Grounds include the regulator made an error(s) of fact in its findings of fact, and that error(s) was material to the making of the decision; the exercise of the regulator’s discretion was incorrect, having regard to all the circumstances; and/or the decision was unreasonable, having regard to all the circumstances. The Government, on the findings of the COAG Energy Councils 2016 review, see the LMR scheme to be restricting the policy intent of the regime and increasing consumer prices. The Bill can be read here.

Click here for further information on Kingfisher agribusiness lawyers.


Call Kingfisher Law Today

Kingfisher Law are Australia's agribusiness legal specialists and will discuss any legal issue you may be experiencing, in a confidential and professional manner. Call 1300 529 424 to book a consultation.

Or Request a Call Back

Subscribe to our mailing list