Independent Pricing and Regulatory Tribunal Regulation 1996



Part 1 Preliminary
pt 1, hdg: Ins 27.10.2000.
1   Name of Regulation
This Regulation is the Independent Pricing and Regulatory Tribunal Regulation 1996.
2   Definitions
In this Regulation:
dispute means a dispute under Part 4A of the Act.
3   Notes
The explanatory note and table of contents do not form part of this Regulation.
Part 2 Application of Commercial Arbitration Act 1984
pt 2, hdg: Ins 27.10.2000.
4   Object of Part
The object of this Part is, in accordance with section 24A (2) of the Act, to modify the application of the Commercial Arbitration Act 1984 to the arbitration of a dispute.
cl 4: Am 27.10.2000.
5   Appearance of legal practitioners
(1)  A party to a dispute may be represented in proceedings before an arbitrator by a legal practitioner only by leave granted by the arbitrator.
(2)  An arbitrator may grant leave only if the arbitrator is of the opinion:
(a)  that representation of the party by a legal practitioner is likely to shorten the hearing of the dispute or to reduce the costs of the dispute, or
(b)  that the party would be unfairly disadvantaged if the party was not represented by a legal practitioner.
(3)  This clause has effect instead of section 20 (1) of the Commercial Arbitration Act 1984.
6   Private hearing of disputes
A dispute is to be heard in private, unless the arbitrator otherwise directs.
7   Costs of arbitration
For the purposes of section 34 (1) of the Commercial Arbitration Act 1984, and without limiting the fees and expenses of the arbitrator as referred to in that subsection, the fees and expenses of the arbitrator are taken to include all costs incurred by the arbitrator and by the Independent Pricing and Regulatory Tribunal in relation to the arbitration of a dispute, including administrative costs, costs incurred in engaging consultants and expert witnesses, and witnesses’ expenses.
Part 3 Savings and transitional
pt 3 (cl 8): Ins 27.10.2000.
8   References to Licence Compliance Advisory Board
A reference in any Act, in any instrument made under any Act or in any other instrument of any kind to the Licence Compliance Advisory Board is taken to be a reference to the Tribunal.
pt 3 (cl 8): Ins 27.10.2000.