58Hearings

58 Hearings

(1)  If, in conducting an investigation, the Regulator decides to hold a hearing, the Regulator is to give reasonable notice of the hearing in the daily newspapers that 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, or part of a hearing, may be conducted by telephone, video-link or other means.

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

(5)  Despite subregulation (4) , 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.

(6)  A person must not contravene a direction given under subregulation (5) .

Penalty:  Fine not exceeding 100 penalty units.

(7)  The following information is taken to be classified by the Regulator as confidential and is not liable to disclosure under the Right to Information Act 2009 :

(a) evidence and documents in respect of which a direction under subregulation (5)(b) has been made;

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