(1)  Before holding a hearing under regulation 11(2) in respect of a draft report and draft transmission revenue cap determination, the Regulator is to give reasonable notice of the hearing in such daily Tasmanian newspapers as the Regulator considers appropriate.

(2)  The notice of a hearing is to specify –

(a) the purpose of the hearing; and

(b) the time and place at which the hearing is to be held; and

(c) the places at which copies of the draft report and draft transmission revenue cap determination may be obtained or accessed.

(3)  The Regulator may determine whether any person wishing to appear before the Regulator at a hearing may be represented by another person.

(4)  A hearing is to be held in public.

(5)  Despite subregulation (4) , if the Regulator is satisfied that it would be in the public interest to do so or that any evidence or document to be presented at the hearing is, or is likely to be, of a confidential or commercially sensitive nature, the Regulator is to –

(a) direct that the hearing or part of the hearing is to take place in private and give directions as to the persons who may be present; and

(b) give directions prohibiting or restricting the publication of evidence or a document presented at the hearing or a part of any such evidence or document.

(6)  A person must not contravene a direction given under subregulation (5) .

Penalty:  Fine not exceeding 100 penalty units.

(7)  The Freedom of Information Act 1991 does not apply in respect of –

(a) any evidence or document, or any part of any evidence or document, in respect of which a direction under subregulation (5)(b) has been given; and

(b) records relating to the presentation of any such evidence, document or part.

(8)  The Regulator may publish to any person as the Regulator considers appropriate any evidence or document presented at a hearing, or part of any such evidence or document, except where –

(a) a direction in respect of the evidence, document or part has been given under subregulation (5)(b) and its publication to that person would contravene the direction; or

(b) the evidence, document or part contains information which is exempt information under the Freedom of Information Act 1991 ; or

(c) the evidence, document or part is, or contains, information which could cause damage to the commercial interests of a person and the Regulator determines that such damage or the possibility of such damage outweighs the public benefit that would arise from its publication.