Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_118l
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 118L
Character Range: 91735–93915

118L  Procedural Rules

 (1) The ACCC may, by legislative instrument, make rules:
 (a) making provision for or in relation to the practice and procedure to be followed by the ACCC in performing functions, or exercising powers, under this Division; or
 (b) making provision for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the ACCC under this Division; or
 (c) prescribing matters required or permitted by any other provision of this Division to be prescribed by the Procedural Rules.

 (2) Rules under subsection (1) are to be known as Procedural Rules.

 (3) The Procedural Rules may make provision for or in relation to any or all of the following:
 (a) the confidentiality of information or documents given to the ACCC by a person who gave the ACCC an access undertaking or a variation of an access undertaking;
 (b) the form and content of undertakings, variations or other documents given to the ACCC under this Division;
 (c) requiring the ACCC to give information to the ACMA about the operation of this Division;
 (d) requiring the ACMA to give information to the ACCC that is relevant to the operation of this Division.

 (4) The Procedural Rules may make provision for or in relation to a matter by empowering the ACCC to make decisions of an administrative character.

 (5) The Procedural Rules may provide that the ACCC may refuse to consider an access undertaking if:
 (a) the ACCC is satisfied that the access undertaking:
 (i) is frivolous; or
 (ii) is vexatious; or
 (iii) was not given in good faith; or
 (b) the ACCC has reason to believe that the access undertaking was given for the purpose, or for purposes that include the purpose, of frustrating or undermining the effective administration of this Division.

 (6) The Procedural Rules may provide that the ACCC may refuse to consider an access undertaking given by a person in relation to a channel B datacasting transmitter licence if (apart from section 118B) the person is not eligible to apply for the licence.

 (7) Subsections (3), (4), (5) and (6) do not limit subsection (1).