"I wasn't even trying to pass him -- I just went to the inside to take a normal line and then all of a sudden he has unlocked the wheel and turned the corner.
"When I spoke to him afterwards he didn't even know I was there.
"I got pinged for it -- I've accepted it but it was a hard one to accept because he was all locked up on the outside not looking like he was going to make the corner."
Despite the setback, van Gisbergen charged back through the field to finish ninth and protect a narrow championship lead heading to the next round at Phillip Island.
Van Gisbergen joked that he had little help from his Kiwi mate Baird, who helps rule on driving infringements.
"There's no Kiwi bias is there?" he said with a laugh.
He fully supports Baird's appointment however and the change in procedure being used in 2017.
"It isn't just him though -- it was two or three guys now that oversee that kind of stuff.
"When I got penalised in Melbourne I went through the process for the first time and it is quite different this year. There are two or three guys going through the footage with you and look at what is acceptable and what you have done wrong.
"It is a well thought-out process now and not rushed. I think it is definitely better but that one I'm a little confused about."