Commonwealth Numbered Acts

PETROLEUM PRODUCTS PRICING ACT 1981 No. 117, 1981 - SECT 25

25. (1) Subject to any direction given to the Authority by the Minister, an
inquiry conducted by the Authority may, at the discretion of the Commissioner,
be held in public or in private.

(2) In an inquiry-

   (a)  evidence shall be taken on oath or affirmation; and

   (b)  any party to the inquiry may make submissions to the Authority.

(3) If, at an inquiry held in public, any witness objects to giving any
evidence in public that the Authority is satisfied is of a confidential
nature, the Authority may take that evidence in private if it considers that
it is desirable to do so.

(4) In an inquiry, the Authority may, if it thinks fit, permit a person
appearing as a witness at the inquiry to give evidence by tendering, and
verifying by oath or affirmation, a written statement and, where evidence is
so given in an inquiry held in public, the Authority shall make available to
the public in such manner as the Authority thinks fit the contents of the
statement other than any matter-

   (a)  that the person who gave the evidence objects to being made public;
        and

   (b)  the evidence of which the Authority is satisfied would have been taken
        in private if that evidence had been given orally and the witness had
        objected to giving it in public.

(5) In an inquiry, the Authority may, if it thinks fit, require or permit a
party to the inquiry desiring to make submissions to the Authority to make
those submissions in writing and, where submissions are so made in an inquiry
held in public, the Authority shall make available to the public in such
manner as the Authority thinks fit the contents of the submission.

(6) Subject to this Act and to any direction given to the Authority by the
Minister in an inquiry-

   (a)  the procedure to be followed is within the discretion of the
        Commissioner; and

   (b)  the Authority is not bound by the rules of evidence.

(7) Notwithstanding anything contained in this section, if a company claims
that information made available, or to be made available, by or on behalf of
the company (whether in oral evidence or in a written statement, submission or
other document) at the hearing of an inquiry is confidential information and
the Authority is satisfied that the claim is justified, the Authority shall
take all reasonable steps to ensure that the information is not, without the
consent of the company, disclosed, in the proceedings or by the Authority, to
any person other than-

   (a)  the Commissioner;

   (b)  an associate Commissioner appointed for the purposes of that inquiry;
        or

   (c)  a consultant to the Authority or member of the staff of the Authority
        receiving the information in the course of his duties, but this
        sub-section does not apply in relation to a disclosure of information
        other than information relating to a secret formula or process where
        the disclosure is, in the opinion of the Authority, necessary in the
        public interest.
(8) In sub-section (7) ''confidential information'' means information relating
to a secret formula or process or other information the disclosure of which
would damage the competitive position of the company.