Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1993 No. 94, 1993 - SECT 5

5. Before section 35 of the Principal Act the following section is inserted in
Part V: Hearings

"34A.(1) The NRA may hold hearings for the purposes of the performance or
exercise of any of its functions or powers.

"(2) Before holding a hearing, the NRA must:

   (a)  cause to be published in the Gazette; and

   (b)  cause to be published, in each State, the Australian Capital
        Territory, the Northern Territory, and each external Territory to
        which this Act applies, in a daily newspaper circulating in that State
        or Territory; a notice setting out the place and time for the hearing.

"(3) Subject to subsection (4), a hearing is to be held in public.

"(4) The NRA, having regard to the confidential nature of any submissions or
evidence or for any other reason, may direct that any part of a hearing be in
private and may determine who may be present.

"(5) The NRA may give directions prohibiting or restricting the publication of
submissions or evidence given at a hearing, whether in public or in private,
or of matters contained in such submissions or evidence or in documents
produced at such a hearing.

"(6) A person must not contravene, without reasonable excuse, a direction
given under subsection (5). Penalty: 20 penalty units.

"(7) If the NRA directs that a part of a hearing be in private, a person must
not, without reasonable excuse, be present at the hearing unless he or she:

   (a)  is a member of the NRA; or

   (b)  is a member of the staff of the NRA that the NRA has authorised to be
        present; or

   (c)  is entitled to be present because of a determination under subsection
        (4). Penalty: 20 penalty units.

"(8) At a hearing the NRA may receive submissions or evidence, in a form
determined by it, from persons who, in its opinion, are likely to be able to
help it in the performance or exercise of the functions or powers to which the
hearing relates.

"(9) A hearing is to be conducted with as little formality and technicality as
is practicable and the NRA is not bound by the rules of evidence.".