28Hearings

28 Hearings

(1)  Before holding a hearing, the Regulator is to give reasonable notice of the hearing in daily newspapers published and circulating generally in Tasmania 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.

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

(4)  Despite subsection (3) , if the Regulator is satisfied that it would be in the public interest to do so or that evidence to be presented is, or is likely to be, of a confidential or commercially sensitive nature, the Regulator is to –

(a) direct that a hearing or part of a 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 given or documents produced at the hearing.

(5)  A person must not contravene a direction given under subsection (4)(b) .

Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 6 months, or both.

(6)  The Freedom of Information Act 1991 and the Right to Information Act 2009 do not apply in respect of –

(a) evidence and documents in respect of which a direction under subsection (4)(b) has been made; or

(b) records of the giving or production of such evidence and documents.