Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 132H

Conduct of conferences

             (1)  At a conference held under Subdivision A or B of this Division:

                     (a)  the Commission must be represented by a member or members of the Commission who are nominated by the Chairperson; and

                     (b)  each person who notified the Commission in accordance with whichever of the following is applicable:

                              (i)  a proposed ban notice;

                             (ii)  a proposed recall notice;

                            (iii)  a notice under subsection 132E(2);

                            is entitled to be present or to be represented; and

                     (c)  any other person whose presence at the conference is considered by the Commission to be appropriate is entitled to be present or to be represented; and

                     (d)  the Commonwealth Minister is, or a person or persons nominated in writing by the Commonwealth Minister are, entitled to be present; and

                     (e)  the procedure to be followed must be as determined by the Commission.

             (2)  The Commission must cause a record of the proceedings at the conference to be kept.

             (3)  The Commission must, as far as is practicable, ensure that each person who is entitled to be present, or who is representing such a person, at the conference is given a reasonable opportunity at the conference to present his or her case and in particular:

                     (a)  to inspect any documents (other than a document that contains particulars of a secret formula or process) which the Commission proposes to consider for the purpose of making a recommendation after the conclusion of the conference; and

                     (b)  to make submissions in relation to those documents.



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