Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 153ZET

Arbitration reports

  (1)   The Commission must prepare a written report about a final determination it makes. It must publish, by electronic or other means, the report.

  (2)   The report may include the whole or a part of the determination and the reasons for the determination or the part of the determination.

Report must include certain matters

  (3)   The report must set out the following matters:

  (a)   the issues on which agreement was reached between the parties to the arbitration and the issues which were in dispute;

  (b)   the principles the Commission applied in making the determination;

  (c)   the methodologies the Commission applied in making the determination;

  (d)   how the Commission took into account the matters mentioned in subsection   153ZER(1) in making the determination;

  (e)   any matter the Commission took into account under subsection   153ZER(2) in making the determination and the reasons for doing so;

  (f)   any information provided by the parties to the arbitration that was relevant to those principles or methodologies.

Note:   Confidentiality issues are dealt with in subsections   (5) and (6).

Report may include other matters

  (4)   The report may include any other matter that the Commission considers relevant.

Confidentiality

  (5)   The Commission must not include in the report any information the Commission decided not to give to a party to the arbitration under section   44ZL (as applied in relation to the arbitration by section   153ZEV).

  (6)   Before publishing the report, the Commission must give each party to the arbitration a notice in writing:

  (a)   specifying what the Commission is proposing to publish; and

  (b)   inviting the party to make a written submission to the Commission within 14 days after the notice is given identifying any information the party considers should not be published because of its confidential commercial nature.

  (7)   The Commission must have regard to any submission so made in deciding what to publish. It may have regard to any other matter it considers relevant.

Legislation Act 2003

  (8)   A report prepared under subsection   (1) is not a legislative instrument.


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