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Judicial decisions<br />

• Application by East Australian Pipeline Limited<br />

[2005] ACompT. The Australian Competition Tribunal<br />

considered an application by East Australian Pipeline<br />

Limited under section 39(1) of the Gas Pipeline<br />

Access (South Australia) Act 1997 (‘the Gas Pipeline<br />

Act’). The application was for review of an ACCC<br />

decision concerning the method of depreciating<br />

optimised replacement cost to arrive at depreciated<br />

optimised, which the applicant argued was prohibited<br />

by section 39(5) of the Gas Pipeline Act.<br />

62<br />

• Western Power Corporation v Koenig [2004] WASCA<br />

119. The Western Australian Supreme Court (‘WA SC’)<br />

considered the application of Regulation 63(1) of the<br />

Electrical (Licensing) Regulations 1991. In particular,<br />

the WA Supreme Court considered the reporting<br />

obligations on Western Power Corporation following<br />

an incident on a river, where a derrick attached to a<br />

barge was struck by an overhead powerline.<br />

COUNTRY ENERGY ANNUAL REPORT 2004–2005

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