Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p34
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 89626–92234

the arbitration in the absence of a person who has been summoned or served with a notice to appear;

    (c) sit at any place;

    (d) adjourn to any time and place;

    (e) refer any matter to an expert and accept the expert's report as evidence;

    (f) generally give all such directions, and do all such things, as are necessary or expedient for the speedy hearing and determination of the access dispute.

"(2) A person must not do any act or thing in relation to the arbitration of an access dispute that would be a contempt of court if the Commission were a court of record.

Penalty: Imprisonment for 6 months.

"(3) Subsection (1) has effect subject to any other provision of this Part and subject to the regulations.

"(4) The Commission may give an oral or written order to a person not to divulge or communicate to anyone else specified information that was given to the person in the course of an arbitration unless the person has the Commission's permission.

"(5) A person who contravenes an order under subsection (4) is guilty of an offence, punishable on conviction by imprisonment for a term not exceeding 6 months.

Power to take evidence on oath or affirmation

"44ZH.(1) The Commission may take evidence on oath or affirmation and for that purpose a member of the Commission may administer an oath or affirmation.

"(2) The member of the Commission who is presiding may summon a person to appear before the Commission to give evidence and to produce such documents (if any) as are referred to in the summons.

"(3) The powers in this section may be exercised only for the purposes of arbitrating an access dispute.

Failing to attend as a witness

"44ZI. A person who is served, as prescribed, with a summons to appear as a witness before the Commission must not, without reasonable excuse:

    (a) fail to attend as required by the summons; or

    (b) fail to appear and report himself or herself from day to day unless excused, or released from further attendance, by a member of the Commission.

Penalty: Imprisonment for 6 months.

Failing to answer questions etc.

"44ZJ.(1) A person appearing as a witness before the Commission must not, without reasonable excuse:

    (a) refuse or fail to be sworn or to make an affirmation; or

    (b) refuse or fail to answer a question that the person is required to answer by the Commission; or

    (c) refuse or fail to produce a document that he or she was required to produce by a summons under this Part served on him or her as prescribed.

Penalty: Imprisonment for 6 months.

"(2) It is a reasonable excuse for the purposes of