Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:4_94
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 4 cl 94
Character Range: 272434–273193

94  Subsections 43(4), (5) and (6)
Repeal the subsections, substitute:
 (4) The Commissioner may make a determination under section 52 in relation to an investigation under this Division without holding a hearing, if:
 (a) it appears to the Commissioner that the matter to which the investigation relates can be adequately determined in the absence of:
 (i) in the case of an investigation under subsection 40(1)—the complainant and respondent; or
 (ii) otherwise—the person or entity that engaged in the act or practice that is being investigated; and
 (b) the Commissioner is satisfied that there are no unusual circumstances that would warrant the Commissioner holding a hearing; and
 (c) an application for a hearing has not been made under section 43A.