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COMPETITION AND CONSUMER ACT 2010 - SECT 158A

Proceedings without initiation notice--use of virtual enquiry technology

  (1)   This section applies to the following (the proceedings ):

  (a)   an arbitration of an access dispute under Part   IIIA by the Commission as constituted by members of the Commission under section   44Z;

  (b)   an inquiry under Part   VIIA by an inquiry body (within the meaning of that Part) before an inquiry Chair (within the meaning of that Part);

  (c)   a conference convened under subsection   151AZ(1) by the Commission.

  (2)   The members of the Commission, the inquiry Chair or the Commission (as applicable) may decide to hold the proceedings:

  (a)   at one or more physical venues; or

  (b)   at one or more physical venues and using virtual enquiry technology; or

  (c)   using virtual enquiry technology only.

  (3)   Subsections   (4) and (5) apply if the proceedings are held:

  (a)   at one or more physical venues and using virtual enquiry technology; or

  (b)   using virtual enquiry technology only.

  (4)   The members of the Commission, the inquiry Chair or the Commission (as applicable) must ensure that the use of the virtual enquiry technology is reasonable.

  (5)   If the proceedings are held in public, the members of the Commission, the inquiry Chair or the Commission (as applicable) must ensure that:

  (a)   the virtual enquiry technology provides the public with a reasonable opportunity to observe the proceedings; and

  (b)   information sufficient to allow the public to observe the proceedings using the virtual enquiry technology is made publicly available in a reasonable way.

  (6)   If the proceedings are or will be held:

  (a)   at more than one physical venue; or

  (b)   at one or more physical venues and using virtual enquiry technology; or

  (c)   using virtual enquiry technology only;

the members of the Commission, the inquiry Chair or the Commission (as applicable) may appoint a single place and time at which the proceedings are taken to be or have been held.

  (7)   This section applies to part of the proceedings in the same way that it applies to all of the proceedings.


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