Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p35
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 92020–94761

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 subsection (1) for an individual to refuse or fail to answer a question or produce a document on the ground that the answer or the production of the document might tend to incriminate the individual or to expose the individual to a penalty. This subsection does not limit what is a reasonable excuse for the purposes of subsection (1).

Intimidation etc.

"44ZK. A person must not:

    (a) threaten, intimidate or coerce another person; or

    (b) cause or procure damage, loss or disadvantage to another person; because that other person:

    (c) proposes to produce, or has produced, documents to the Commission; or

    (d) proposes to appear or has appeared as a witness before the Commission.

Penalty: Imprisonment for 12 months.

Party may request Commission to treat material as confidential

"44ZL.(1) A party to an arbitration hearing may:

    (a) inform the Commission that, in the party's opinion, a specified part of a document contains confidential commercial information; and

    (b) request the Commission not to give a copy of that part to another party.

"(2) On receiving a request, the Commission must:

    (a) inform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the document relates; and

    (b) ask the other party or parties whether there is any objection to the Commission complying with the request.

"(3) If there is an objection to the Commission complying with a request, the party objecting may inform the Commission of its objection and of the reasons for it.

"(4) After considering:

    (a) a request; and

    (b) any objection; and

    (c) any further submissions that any party has made in relation to the request;

the Commission may decide not to give to the other party or parties a copy of so much of the document as contains confidential commercial information that the Commission thinks should not be so given.

Sections 18 and 19 do not apply to the Commission in an arbitration

"44ZM. Sections 18 and 19 do not apply to the Commission, as constituted for an arbitration.

Parties to pay costs of an arbitration

"44ZN. The regulations may provide for the Commission to:

    (a) charge the parties to an arbitration for its costs in conducting the arbitration; and

    (b) apportion the charge between the parties.

"Subdivision E—Effect of determinations

Operation of determinations

"44ZO.(1) If none of the parties to the arbitration applies to the Tribunal under section 44ZP for a