Victorian Consolidated Legislation

Grain Handling and Storage Act 1995 - SECT 24A

Procedures and powers of the Commission

24A. Procedures and powers of the Commission



(1) For the purposes of section 11(2) of the
Essential Services Commission Act 2001, the Commission, in making, or
considering whether to make, a determination under Division 2-

   (a)  is not bound by the rules of evidence or any forms, practices or
        procedures applicable to courts of record, except to the extent that
        it adopts those rules, forms, practices or procedures;

   (b)  may inform itself on any matter relevant to the application as it
        considers appropriate, including by commissioning expert reports;

   (c)  may, subject to the limitations contained in sections 18, 19 and 21,
        conduct its investigations in any manner it considers appropriate.

(2) At any time prior to the making of a determination the Commission may
allow the withdrawal of the application by the party seeking a determination.

(3) A determination made under Division 2 is a determination for the purposes
of the Essential Services Commission Act 2001.

(4) The making of, or refusal to make, a determination under Division 2 is not
an arbitration for the purposes of the Commercial Arbitration Act 1984.

(5) Except as provided in subsections (6) and (7), sections 37 and 38 of the
Essential Services Commission Act 2001 apply to this Act.

(6) Section 37(4) of the Essential Services Commission Act 2001 does not apply
to a requirement made under section 24B(1).

(7) Section 38 of the Essential Services Commission Act 2001 only applies to
information or a document required under section 24B(1)(a) if the Commission
proposes to disclose the information or document to a person who is not
identified by the Commission under section 24B(1)(a).