Document ID: chunk:federal_register_of_legislation:C2004A04777:section:5:p5
Version: federal_register_of_legislation:C2004A04777
Segment Type: section
Provision Reference: s 5 (pt 5/16)
Character Range: 58412–61281

questions at inquiry

  "193A.(1) At an inquiry, 2 members form a quorum.

SCHEDULE 4—continued

"(2) Questions arising at an inquiry are to be determined by a majority of the votes of the members present at the inquiry.

"(3) The member presiding at an inquiry has a deliberative vote but not a casting vote.".

18. Subsections 194(1), (2) and (3):

  Omit "a hearing", substitute "an inquiry".

19. Subsection 194(4):

  Omit the subsection, substitute:

"(4) A person who appears at an inquiry is entitled to have another person present to assist the person and a person who so assists is entitled to address the Panel.".

20. Section 195:

  Repeal the section, substitute:

Procedure at inquiry

"195.(1) An inquiry is to be conducted in accordance with (in order of priority):

  (a) the requirements of this Division; and

  (b) the requirements of the regulations; and

  (c) the requirements of the Panel.

"(2) Without limiting the generality of paragraph (1)(b), the regulations may deal with:

     (a) the making of submissions or the giving of evidence to or at an inquiry; and

  (b) the right (if any) to appear, or be represented, at an inquiry; and

     (c) the matters to be taken into account by the Panel when making a decision in the course of an inquiry.

"(3) The rules of procedural fairness, to the extent that they are not inconsistent with the provisions of this Act and the Regulations made under it, apply to an inquiry.".

21. Subsection 196(1):

  (a) Omit "or at a person's request".

  (b) Omit "a hearing", substitute "an inquiry".

22. Subsections 196(3) and (4):

  Omit "hearing", substitute "inquiry".

23. Subsection 197(1):

  Omit "a hearing", substitute "an inquiry".

SCHEDULE 4—continued

24. Subsection 197(2):

  Omit the subsection.

25. Subsection 197(3):

  Omit "a hearing" (wherever occurring), substitute "an inquiry".

26. Subsection 199(1):

  Omit the subsection, substitute:

  "(1)  A person must not:

  (a) in a written submission given to the Panel for the purposes of an inquiry; or

  (b) while appearing before the Panel at an inquiry;

give information or evidence that is false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 3 months, or both.".

27. Subsection 199(2):

  After "giving the" insert "information or".

28. Paragraph 200(1)(b):

  Omit "a hearing", substitute "an inquiry".

29. Subsection 201(1):

  Omit "hearing" (wherever occurring), substitute "inquiry".

30. After section 201:

  Insert in Part 10:

Undertakings to the Panel

"201A.(1) During an inquiry, the Panel may accept a written undertaking from a person affected, or likely to be affected, by the inquiry about a matter relevant to the inquiry.

"(2) The person may withdraw or vary the undertaking at any time, but only with the consent of the Panel.

"(3) If the Panel considers that the