The Laws of Fiji
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Last Updated: 1 August 2017
AN ACT TO PROMOTE THE DEVELOPMENT OF THE ELECTRICITY INDUSTRY BY THE APPOINTMENT OF AN INDEPENDENT REGULATOR TO LICENSE THE GENERATION, TRANSMISSION AND SUPPLY OF ELECTRICITY AND FOR RELATED MATTERS
[ELE 23] Determination of disputes23
23
- (a)may be referred to the Regulator by either party; and
- (b)on such a reference, will be determined by order made either by the Regulator or, if the Regulator thinks fit, by a mediator appointed by agreement or under the rules of the Fiji Mediation Centre and if no agreement is reached through mediation by an arbitrator, appointed by the Regulator,
and the practice and procedure to be followed in connection with any such determination will be such as the Regulator may consider appropriate.
(2) Where any dispute arising under sections 15 to 22 between a public electricity supplier and a person requiring a supply of electricity to continue to be given which is to be determined under this section, the Regulator may give directions as to the circumstances in which, and the terms on which, the public electricity supplier is to continue to give the supply pending the determination of the dispute.
(3) Where any dispute arising under section 20(1) fails to be determined under this section, the Regulator may give directions as to the security, if any, to be given pending the determination of the dispute.
(4) Directions under subsection (2) or (3) may apply either in cases of particular descriptions or in particular cases.
(5) An order under this section—
- (a)may include such incidental, supplemental and consequential provision (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the person making the order) as that person considers appropriate; and
- (b)is final and enforceable, in so far as it includes such provision as to costs or expenses, as if it were a judgment of the courts of the State.
(6) In including in an order under this section any such provision as the costs or expenses as is mentioned in subsection (5), the person making the order must have regard to the conduct and means of the parties and any other relevant circumstances.