Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44ZF

Procedure of Commission

             (1)  In an arbitration hearing about an access dispute, the Commission:

                     (a)  is not bound by technicalities, legal forms or rules of evidence; and

                     (b)  must act as speedily as a proper consideration of the dispute allows, having regard to the need to carefully and quickly inquire into and investigate the dispute and all matters affecting the merits, and fair settlement, of the dispute; and

                     (c)  may inform itself of any matter relevant to the dispute in any way it thinks appropriate.

             (2)  The Commission may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties to an access dispute, and may require that the cases be presented within those periods.

             (3)  The Commission may require evidence or argument to be presented in writing, and may decide the matters on which it will hear oral evidence or argument.

             (4)  The Commission may determine that an arbitration hearing is to be conducted by:

                     (a)  telephone; or

                     (b)  closed circuit television; or

                     (c)  any other means of communication.



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