12Hearings

### 12 Hearings > > (1)  The Panel may – > > > > > > (a) hold a hearing in public; and > > > > > > > (b) determine the procedure at a hearing. > > > (1A)  [*\[Section 12 Subsection (1A) inserted by No. 61 of 2001, s. 7, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS7@EN) The Panel may hold one hearing in relation to as many representations as it determines. > > > (1B)  [*\[Section 12 Subsection (1B) inserted by No. 61 of 2001, s. 7, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS7@EN) The Panel is to – > > > > > > (a) give notice in writing to each person who made a request under [section 27(2)(c)](#GS27@Gs2@Hpc@EN) or [section 39(2)(c)](#GS39@Gs2@Hpc@EN) of the date, time and place of the hearing not less than 14 days before the date of the hearing; and > > > > > > > (b) by public notice, advertise the date, time and place of the hearing. > > > (1C)  [*\[Section 12 Subsection (1C) inserted by No. 61 of 2001, s. 7, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS7@EN) A notice under [subsection (1B)(a)](#GS12@Gs1B@Hpa@EN) is taken to have been given to a person – > > > > > > (a) in the case of hand delivery, when delivered at the person's last known address; or > > > > > > > (b) if sent by prepaid post, on the fifth day after the date of posting to the person's last known address; or > > > > > > > (c) if sent by facsimile transmission to the person's last known facsimile number and the sending facsimile machine produces a print-out which records the time and date of the transmission – > > > > > > > > > > (i) if completion is within ordinary business hours at the place to which the transmission is sent, at that recorded date and time; or > > > > > > > > > > > (ii) if completion is outside ordinary business hours, at 9.00am on the next ordinary business day in that place. > > > (2)  At a hearing, the Panel – > > > > > > (a) may inform itself about any matter in any way it considers appropriate; and > > > > > > > (b) may require a person to attend the hearing; and > > > > > > > (c) may receive oral or written evidence; and > > > > > > > (d) may consult with any persons it considers appropriate; and > > > > > > > (e) need not act in a formal manner; and > > > > > > > (f) is not bound by the rules of evidence. > > > (3)  The Panel may take evidence on oath or affirmation. > > > (4)  A person, without reasonable excuse, must not fail to – > > > > > > (a) take an oath or make an affirmation; or > > > > > > > (b) answer any question; or > > > > > > > (c) attend a hearing. > > > > Penalty:  Fine not exceeding 10 penalty units. > > > (5)  It is a reasonable excuse under this section that any answer required to be given – > > > > > > (a) may tend to incriminate the person or make the person liable to a penalty; or > > > > > > > (b) is information of a business, commercial or financial nature that may expose the person to competitive disadvantage. > > > (6)  [Subsection (5)](#GS12@Gs5@EN) does not apply to information relating to the environmental impact of any matter.