Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:5:p7
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 5 (pt 7/11)
Character Range: 350910–353616

(a) asking the person for written submissions; or
 (b) notifying the person that, on request to the Commissioner, the person may be heard by way of an oral hearing on a date, and at a time and place, determined by the Commissioner; or
 (c) notifying the person of the date, time and place of an oral hearing.
 (3) The Commissioner may exercise the discretionary power if the person:
 (a) notifies the Commissioner that the person does not want to be heard; or
 (b) does not file written submissions if requested under subregulation 22.23(1); or
 (c) does not attend an oral hearing if notified under subregulation 22.23(2).
 (4) If the Commissioner exercises discretionary power in any of the circumstances mentioned in subregulation (3), the Commissioner must notify the person of the Commissioner's decision.

22.23  Written submissions and oral hearings

Written submissions
 (1) If the Commissioner decides that a person may be heard by way of written submissions, the Commissioner must:
 (a) notify the person of the period in which the submissions must be filed (being at least 10 business days); and
 (b) determine the matter after considering the written submissions; and
 (c) notify the person of the Commissioner's decision in relation to the exercise of the discretionary power.

Oral hearings
 (2) If the Commissioner decides that a person may be heard by way of an oral hearing, the Commissioner must give notice of the date, time and place of the hearing, to the person, at least 10 business days before the day the hearing is to begin.
 (3) The Commissioner may adjourn an oral hearing from time to time or from place to place by notifying the person.
 (4) The Commissioner may hold an oral hearing in which:
 (a) a person appears in person; or
 (b) a person participates by telephone or other means of telecommunications that the Commissioner reasonably allows.
 (5) In addition to the Commissioner's other powers, the Commissioner may direct a person to provide a written summary of submissions.
 (6) The Commissioner must notify a person who appears at the hearing of the Commissioner's decision in relation to the exercise of the discretionary power.

22.24  Practice and procedure other than for opposition proceedings
 (1) Subject to these Regulations:
 (a) if the Act or these Regulations authorise the Commissioner to hear and decide an application or matter that is not an opposition; or
 (b) in a matter being decided on the motion of the Commissioner;
the practice and procedure to be followed for the purposes of enabling the application or matter to be decided is to be determined by him or her.
 (2) A person to be heard at a hearing may apply to the Commissioner in respect of