Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p33
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 87063–89842

Commission as previously constituted.

Determination of questions

"44ZC. If the Commission is constituted for an arbitration by 2 or more members of the Commission, any question before the Commission is to be decided:

    (a) unless paragraph (b) applies—according to the opinion of the majority of those members; or

    (b) if the members are evenly divided on the question—according to the opinion of the member who is presiding.

Hearing to be in private

"44ZD.(1) Subject to subsection (2), an arbitration hearing for an access dispute is to be in private.

"(2) If the parties agree, an arbitration hearing or part of an arbitration hearing may be conducted in public.

"(3) The member of the Commission who is presiding at an arbitration hearing that is conducted in private may give written directions as to the persons who may be present.

"(4) In giving directions under subsection (3), the member presiding must have regard to the wishes of the parties and the need for commercial confidentiality.

Right to representation

"44ZE. In an arbitration hearing before the Commission under this Part, a party may appear in person or be represented by someone else.

Procedure of Commission

"44ZF.(1) In an arbitration hearing about an access dispute, the Commission:

    (a) is not bound by technicalities, legal forms or rules of evidence; and

    (b) must act as speedily as a proper consideration of the dispute allows, having regard to the need to carefully and quickly inquire into and investigate the dispute and all matters affecting the merits, and fair settlement, of the dispute; and

    (c) may inform itself of any matter relevant to the dispute in any way it thinks appropriate.

"(2) The Commission may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties to an access dispute, and may require that the cases be presented within those periods.

"(3) The Commission may require evidence or argument to be presented in writing, and may decide the matters on which it will hear oral evidence or argument.

"(4) The Commission may determine that an arbitration hearing is to be conducted by:

    (a) telephone; or

    (b) closed circuit television; or

    (c) any other means of communication.

Particular powers of Commission

"44ZG.(1) The Commission may do any of the following things for the purpose of arbitrating an access dispute:

    (a) give a direction in the course of, or for the purposes of, an arbitration hearing;

    (b) hear and determine 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