Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p16
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 38242–40892

to sub-section (3), the fees and allowances shall be paid—
     (a) in a case where the person was summoned at the request of a person other than the Commonwealth—by the person who made the request; or
     (b) in any other case—by the Commonwealth.
"(3) The Commission may, in its discretion, order that the fees and allowances payable to a person summoned as mentioned in paragraph (2) (a) shall be paid, in whole or in part, by the Commonwealth.

Retention and copying of documents
"25u. The Commission may retain for a reasonable period and may make copies of, or of part of, any documents produced to the Commission in the course of an inquiry or proceedings.

Application of rules of evidence, &c.
"25v. (1) For the purposes of an inquiry, the Commission—
     (a) is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit;
     (b) shall conduct the inquiry with as little formality and technicality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Commission permit; and

     (c) may give directions relating to procedure that, in its opinion, will enable costs or delay to be reduced and will help to achieve a prompt hearing of the matters at issue between the parties.
"(2) The member conducting, or presiding at, an inquiry shall determine any question relating to the admissibility of evidence and any other question of law or procedure.

Consideration of exceptions and exemptions
"25w. In determining whether an act is unlawful by reason of a provision of Part II, the Commission is not required to have regard to any exception or exemption provided for in that Part unless there is evidence before the Commission that the exception or exemption is or may be applicable in relation to that act.

Commission may dismiss frivolous, &c., complaints
"25x. Where, at any stage of an inquiry, the Commission is satisfied that a complaint is frivolous, vexatious, misconceived, lacking in substance or relates to an act that is not unlawful by reason of a provision of Part II, it may dismiss the complaint.

Making of interim determination
"25y. (1) The Commission, or, where the President is of the opinion that it is expedient that the President alone should perform the functions of the Commission under this section, the President, may, on the application of the Commissioner under section 24a or on the application of a party to an inquiry at any time after the lodgement of the complaint into which that inquiry is held, make an interim determination of such a nature as would, if it were binding and conclusive upon the