Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44ZG

Particular powers of Commission

  (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 the expert's report as evidence;

  (f)   generally give all such directions, and do all such things, as are necessary or expedient for the speedy hearing and determination of the access dispute.

  (2)   A person must not do any act or thing in relation to the arbitration of an access dispute that would be a contempt of court if the Commission were a court of record.

Penalty:   Imprisonment for 6 months.

  (3)   Subsection   (1) has effect subject to any other provision of this Part and subject to the regulations.

  (4)   The Commission may give an oral or written order to a person not to divulge or communicate to anyone else specified information that was given to the person in the course of an arbitration unless the person has the Commission's permission.

  (5)   A person who contravenes an order under subsection   (4) is guilty of an offence, punishable on conviction by imprisonment for a term not exceeding 6 months.


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