Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 152ELA

             (1)  The Commission may, by written instrument, make rules:

                     (a)  making provision for or in relation to the practice and procedure to be followed by the Commission in performing functions, or exercising powers, under this Part; or

                     (b)  making provision for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Commission under this Part; or

                     (c)  prescribing matters required or permitted by any other provision of this Part to be prescribed by the Procedural Rules.

             (2)  Rules under subsection (1) are to be known as Procedural Rules.

             (3)  The Procedural Rules may make provision for or in relation to any or all of the following:

                     (a)  the confidentiality of information or documents given to the Commission by:

                              (i)  an applicant for an order under subsection 152AT(1) or 152ATA(1); or

                             (ii)  a person who gave the Commission an access undertaking or a variation of an access undertaking; or

                            (iii)  a party to the arbitration of an access dispute under Division 8;

                     (b)  matters to which the Commission must have regard in deciding whether to make an interim determination under Division 8;

                     (c)  the form and content of applications, undertakings, variations or other documents given to the Commission under this Part;

                     (d)  dispensing with the need for an oral hearing in relation to the arbitration of an access dispute under Division 8.

             (4)  Subsection (3) does not limit subsection (1).

             (5)  The Procedural Rules may make provision for or in relation to a matter by empowering the Commission to make decisions of an administrative character.

             (6)  The Procedural Rules may require a power conferred on the Commission by the Procedural Rules in relation to an arbitration under Division 8 to be exercised by the Commission as constituted under section 152CV for the purposes of that arbitration.

             (7)  Subsections (5) and (6) do not limit subsection (1).

             (8)  An instrument under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Note:          For variation and revocation of instruments under subsection (1), see subsection 33(3) of the Acts Interpretation Act 1901 .