24AProcedures and powers of the Commission

24A Procedures and powers of the Commission

(1) For the purposes of section 11(2) of the Essential Services Commission Act 2001, the Commission, in making, or considering whether to make, a determination under Division 2—

(a) is not bound by the rules of evidence or any forms, practices or procedures applicable to courts of record, except to the extent that it adopts those rules, forms, practices or procedures;

(b) may inform itself on any matter relevant to the application as it considers appropriate, including by commissioning expert reports;

(c) may, subject to the limitations contained in sections 18, 19 and 21, conduct its investigations in any manner it considers appropriate.

(2) At any time prior to the making of a determination the Commission may allow the withdrawal of the application by the party seeking a determination.

(3) A determination made under Division 2 is a determination for the purposes of the Essential Services Commission Act 2001.

S. 24A(4) amended by No. 50/2011 s. 46(Sch. item 9).

(4) The making of, or refusal to make, a determination under Division 2 is not an arbitration for the purposes of the Commercial Arbitration Act 2011.

S. 24A(5) amended by No. 41/2021 s. 128(1).

(5) Except as provided in subsections (6) and (7), Part 4 (other than sections 37 , 39 and 39B) and section 60C of the Essential Services Commission Act 2001 apply to this Act.

S. 24A(6) amended by No. 41/2021 s. 128(2).

(6) Section 36(4) of the Essential Services Commission Act 2001 does not apply to a requirement made under section 24B(1).

S. 24A(7) amended by No. 41/2021 s. 128(3).

(7) Section 60C of the Essential Services Commission Act 2001 only applies to information or a document required under section 24B(1)(a) if the Commission proposes to disclose the information or document to a person who is not identified by the Commission under section 24B(1)(a).

S. 24B inserted by No. 73/2003 s. 16.