Commonwealth Numbered Regulations

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1986 No. 100 AUSTRALIAN BROADCASTING TRIBUNAL (INQUIRIES) REGULATIONS - REG 3

Powers of Tribunal in relation to inquiries
3. (1) The powers of the Tribunal in relation to an inquiry, include the
following powers:

   (a)  to direct that inquiries into the exercise of 2 or more substantive
        powers by the Tribunal be held jointly;

   (b)  to direct that inquiries into different aspects of the exercise of the
        same substantive power by the Tribunal be held separately;

   (c)  to direct that an inquiry into the exercise of a substantive power by
        the Tribunal be held into certain aspects only of the exercise of that
        power;

   (d)  to direct that the inquiry be suspended for a period determined by the
        Tribunal;

   (e)  to direct that the inquiry be deferred until a day determined by the
        Tribunal.

(2) The Tribunal may, in the exercise of its powers in relation to an inquiry-

   (a)  identify the issues to be considered in proceedings or in any part of
        proceedings;

   (b)  give directions for the purpose of ensuring that the issues to be
        considered in an oral stage of proceedings (if any), and the
        information relevant to those issues, are put in a document or
        documents before that stage of the proceedings;

   (c)  direct a party to the inquiry to lodge specified documents relating to
        the inquiry with the Tribunal on or before a specified day;

   (d)  direct a party to the inquiry to serve specified inquiry documents on
        another party to the inquiry or on a licensee notified under
        sub-regulation 7 (1) in relation to the inquiry;

   (e)  permit a party, at any time before the conclusion of the inquiry, to-

        (i)    lodge further inquiry documents with the Tribunal; or

        (ii)   amend or withdraw an inquiry document lodged by that party with
               the Tribunal;

   (f)  grant an extension of the period provided under the Act or these
        Regulations for the lodgment of an inquiry document, whether or not
        that period has expired;

   (g)  determine what summonses (if any) should be issued requiring the
        production of documents for the purposes of proceedings; and

   (h)  determine timetables in relation to further proceedings.

(3) Nothing in sub-regulation (1) or (2) shall be taken to limit the powers of
the Tribunal in relation to an inquiry to the powers specified in those
sub-regulations.

(4) In the exercise of its powers under these Regulations, the Tribunal shall
ensure that an inquiry is heard justly and expeditiously. 


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