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The Independent Pricing and Regulatory Tribunal Regulation 2012 (IPART Regulation) was due to be automatically repealed on 1 September 2017 under the Subordinate Legislation Act 1989. IPART proposed that the IPART Regulation be remade without amendment and issued a Regulatory Impact Statement on that proposal. Following consultation, the IPART Regulation was remade without amendment on 11 August 2017.

The IPART Regulation modifies and clarifies how the Commercial Arbitration Act 2010 applies in the arbitration of public infrastructure access disputes under Part 4A of the Independent Pricing and Regulatory Tribunal Act 1992 and water access disputes under the Water Industry Competition Act 2006. In summary, it concerns:

  • the right to legal representation in those arbitrations;

  • the private hearing of disputes;

  • the recovery of the arbitrator’s fees and expenses; and

  • appeals on questions of law arising out of arbitral awards.

Key contact
Ben Strate
02 9113 7745