59Guidelines about conduct of arbitration

59 Guidelines about conduct of arbitration

(1) The ACCC may, in writing, make guidelines relating to the conduct of an arbitration under this Division.

(2) However, the guidelines must not relate to information to be included in:

(a) a request under section 51 for the appointment of an arbitrator; or

(b) the content of a determination under section 54; or

(c) the content of submissions made by parties in the course of the arbitration.

(3) An arbitrator must take the guidelines into account in conducting an arbitration under this Division.

(4) However, a failure by an arbitrator to take the guidelines into account in conducting an arbitration does not affect the validity of the arbitration or any aspect of the arbitration.

(5) The ACCC must publish the guidelines on its website as soon as practicable after they are made.

(6) Guidelines made under subsection (1) are not a legislative instrument.