BHP Petroleum Pty Ltd [1999] ACompT 2

BHP Petroleum Pty Ltd [1999] ACompT 2

The Tribunal held that the review should proceed because there was a matter properly before it and the hearing would not be futile. Section 62PA was not co-extensive with the Commission's authorisation: by operation of par 51(1)(b) of the Trade Practices Act 1974 (Cth), the State authorisation only protected things done in Victoria, while conduct under the Rules might occur outside Victoria; and the protection under s 62PA and the Commission's authorisation could operate for different periods or be affected by repeal or Commonwealth regulations.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Application Under S 101 of the Trade Practices Act 1974 (cth) for Review of an Australian Competition and Consumer Commission Determination Granting Authorisation / Ruling on Whether There Was a Matter Before the Tribunal and Whether the Review Should Proceed Notwithstanding S 62 PA of the Gas Industry Act 1994 (vic)
Outcome
The Tribunal ruled that it should proceed to hear the application for review.
Legal Topics
['authorisation Under Pt IV of the Trade Practices Act 1974 (cth)' 'market and System Operations Rules for Wholesale Spot Sales of Gas in Victoria' 'state Statutory Authorisation and S 51(1)(b) of the Trade Practices Act 1974 (cth)' 'futility of Tribunal Review' 'interstate Conduct Under Gas Market Rules']
['competition Law' 'energy and Gas Regulation' 'administrative Review'] ['authorisation Under Pt IV of the Trade Practices Act 1974 (cth)' 'market and System Operations Rules for Wholesale Spot Sales of Gas in Victoria' 'state Statutory Authorisation and S 51(1)(b) of the Trade Practices Act 1974 (cth)' 'futility of Tribunal Review' 'interstate Conduct Under Gas Market Rules']

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Procedural Posture

Application Under S 101 of the Trade Practices Act 1974 (cth) for Review of an Australian Competition and Consumer Commission Determination Granting Authorisation / Ruling on Whether There Was a Matter Before the Tribunal and Whether the Review Should Proceed Notwithstanding S 62 PA of the Gas Industry Act 1994 (vic)

Legal Issues

  1. 1 ['Whether there was a matter or proceeding properly before the Tribunal for review under s 101 of the Trade Practices Act 1974 (Cth).' 'Whether the Tribunal should continue with the review or end it as futile because s 62PA of the Gas Industry Act 1994 (Vic) authorised conduct under the Rules.' "Whether s 62PA of the Gas Industry Act 1994 (Vic) was co-extensive with the Commission's authorisation."]

Ratio Decidendi

The Tribunal held that the review should proceed because there was a matter properly before it and the hearing would not be futile. Section 62PA was not co-extensive with the Commission's authorisation: by operation of par 51(1)(b) of the Trade Practices Act 1974 (Cth), the State authorisation only protected things done in Victoria, while conduct under the Rules might occur outside Victoria; and the protection under s 62PA and the Commission's authorisation could operate for different periods or be affected by repeal or Commonwealth regulations.

Court Disposition

The Tribunal ruled that it should proceed to hear the application for review.

Orders

  • ['The Tribunal proposed to give directions for the hearing and determination of the application for review.']