QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.196General procedures
Start here
Get a plain-English read of sec.196
Turn the raw legal text into a practical explanation grounded in Queensland Competition Authority Act 1997.
### sec.196 General procedures
In an arbitration, the authority—
must act with as little formality as possible; and
is not bound by technicalities, legal forms or rules of evidence; and
may inform itself on any matter relevant to the dispute the subject of the arbitration in any way it considers appropriate; and
must comply with natural justice; and
must act as speedily as a proper consideration of the dispute allows.
In acting under subsection (1) (e) , the authority must have regard to the need to carefully and quickly inquire into and investigate the dispute and all matters affecting the merits and fair settlement of the dispute.
The authority may—
decide the periods that are reasonable and necessary for the fair and adequate presentation of the respective cases of the parties to a dispute; and
require that the cases be presented within the periods.
The authority may—
require evidence or argument to be presented in writing; and
decide the matters on which it will hear oral evidence or argument.
The authority may conduct an arbitration hearing by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the authority and the parties to the arbitration.
s 196 amd 2000 No. 15 s 44
(sec.196-ssec.1) In an arbitration, the authority— must act with as little formality as possible; and is not bound by technicalities, legal forms or rules of evidence; and may inform itself on any matter relevant to the dispute the subject of the arbitration in any way it considers appropriate; and must comply with natural justice; and must act as speedily as a proper consideration of the dispute allows.
(sec.196-ssec.2) In acting under subsection (1) (e) , the authority must have regard to the need to carefully and quickly inquire into and investigate the dispute and all matters affecting the merits and fair settlement of the dispute.
(sec.196-ssec.3) The authority may— decide the periods that are reasonable and necessary for the fair and adequate presentation of the respective cases of the parties to a dispute; and require that the cases be presented within the periods.
(sec.196-ssec.4) The authority may— require evidence or argument to be presented in writing; and decide the matters on which it will hear oral evidence or argument.
(sec.196-ssec.5) The authority may conduct an arbitration hearing by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the authority and the parties to the arbitration.
- (a) must act with as little formality as possible; and
- (b) is not bound by technicalities, legal forms or rules of evidence; and
- (c) may inform itself on any matter relevant to the dispute the subject of the arbitration in any way it considers appropriate; and
- (d) must comply with natural justice; and
- (e) must act as speedily as a proper consideration of the dispute allows.
- (a) decide the periods that are reasonable and necessary for the fair and adequate presentation of the respective cases of the parties to a dispute; and
- (b) require that the cases be presented within the periods.
- (a) require evidence or argument to be presented in writing; and
- (b) decide the matters on which it will hear oral evidence or argument.