158BProceedings with initiation notice—use of virtual enquiry technology

158B Proceedings with initiation notice—use of virtual enquiry technology

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

(a) an appearance to give evidence or produce documents under section 44AAFA before the AER, a member of the staff of the AER or a person assisting the AER;

(b) a conference held under subsection 90A(6) by the Commission as represented by a member or members of the Commission under paragraph 90A(7)(a);

(c) a conference held under subsection 93A(5) by the Commission as represented by a member or members of the Commission under paragraph 93A(6)(a);

(d) a conference held under Subdivision A or B of Division 3 of Part XI by the Commission as represented by a member or members of the Commission under paragraph 132H(1)(a);

(e) an appearance to give evidence or produce documents under section 133D before the Commonwealth Minister or an inspector;

(f) an appearance to give evidence or produce documents under paragraph 155(1)(c) before the Commission or a member of the staff assisting the Commission.

(2) The person who appoints the date or day (if applicable), time and place for the proceedings may decide that the proceedings are to be held:

(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) If the proceedings are to 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 single place and time at which the proceedings are taken to be held is that specified in the notice for the proceedings.

(4) Subsections (5) and (6) 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.

(5) The AER, the person assisting the AER, the member or members of the Commission, the Commission, the Commonwealth Minister, the inspector or the member of the staff assisting the Commission (as applicable) (the relevant person) must ensure that the use of the virtual enquiry technology is reasonable.

(6) If the proceedings are held in public, the relevant person 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.