Commerce Act 1986

Enforcement, remedies, and appeals - Appeals from determinations of Commission

91: Appeals in relation to determinations by Commission

You could also call this:

"Challenging the Commission's decisions: how to appeal to the High Court"

Illustration for Commerce Act 1986

If the Commission makes a decision under the Commerce Act, you can appeal to the High Court. You cannot appeal against some decisions, such as those made under section 52P that set out how information disclosure regulation applies to suppliers. You also cannot appeal against input methodology determinations, which are defined in section 52Z.

You can appeal to the High Court on a question of law against any decision made by the Commission. If you want to appeal, you must give notice within 20 working days of the decision.

The High Court can allow more time for you to give notice if needed. You cannot appeal against all or part of an input methodology when appealing against a section 52P decision.

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"Who can appeal a decision made by the Commission"

Part 6Enforcement, remedies, and appeals
Appeals from determinations of Commission

91Appeals in relation to determinations by Commission

  1. There is a right of appeal to the High Court under this subsection against any determination of the Commission under this Act, other than the following:

  2. a determination, or any part of a determination, made under section 52P (a section 52P determination) that sets out—
    1. how information disclosure regulation or negotiate/arbitrate regulation applies to regulated suppliers; or
      1. the default price-quality path that applies to regulated suppliers; or
        1. how revenue threshold regulation applies to regulated suppliers under Part 3 of Schedule 7; or
          1. the quality path that applies to regulated suppliers under Part 4 of Schedule 7; or
            1. a performance requirement that applies to regulated suppliers under Part 5 of Schedule 7:
            2. an input methodology determination (as defined in section 52Z, and for which a separate appeal right is given under that section).
              1. An appeal against a section 52P determination may not include an appeal against all or part of an input methodology, whether on a point of law or any other ground.

              2. There is a right of appeal to the High Court on a question of law against any determination of the Commission under this Act (including a determination referred to in subsection (1)).

              3. Every such appeal shall be made by giving notice of appeal within 20 working days after the date of the determination appealed against or within such further time as the court may allow.

              Notes
              • Section 91(1): substituted, on , by section 17 of the Commerce Amendment Act 2008 (2008 No 70).
              • Section 91(1)(a)(iii): inserted, on , by section 22 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
              • Section 91(1)(a)(iv): inserted, on , by section 22 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
              • Section 91(1)(a)(v): inserted, on , by section 22 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
              • Section 91(1A): inserted, on , by section 17 of the Commerce Amendment Act 2008 (2008 No 70).
              • Section 91(1B): inserted, on , by section 17 of the Commerce Amendment Act 2008 (2008 No 70).