Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 (69 of 2023)
Schedule 1 Modernising business communications
Part 2 Virtual hearings and examinations
Competition and Consumer Act 2010
71 After section 158
Insert:
158A Proceedings without initiation notice - use of virtual enquiry technology
(1) This section applies to the following (the proceedings ):
(a) an arbitration of an access dispute under Part IIIA by the Commission as constituted by members of the Commission under section 44Z;
(b) an inquiry under Part VIIA by an inquiry body (within the meaning of that Part) before an inquiry Chair (within the meaning of that Part);
(c) a conference convened under subsection 151AZ(1) by the Commission.
(2) The members of the Commission, the inquiry Chair or the Commission (as applicable) may decide to hold the proceedings:
(a) at one or more physical venues; or
(b) at one or more physical venues and using virtual enquiry technology; or
(c) using virtual enquiry technology only.
(3) Subsections (4) and (5) apply if the proceedings are held:
(a) at one or more physical venues and using virtual enquiry technology; or
(b) using virtual enquiry technology only.
(4) The members of the Commission, the inquiry Chair or the Commission (as applicable) must ensure that the use of the virtual enquiry technology is reasonable.
(5) If the proceedings are held in public, the members of the Commission, the inquiry Chair or the Commission (as applicable) must ensure that:
(a) the virtual enquiry technology provides the public with a reasonable opportunity to observe the proceedings; and
(b) information sufficient to allow the public to observe the proceedings using the virtual enquiry technology is made publicly available in a reasonable way.
(6) If the proceedings are or will be held:
(a) at more than one physical venue; or
(b) at one or more physical venues and using virtual enquiry technology; or
(c) using virtual enquiry technology only;
the members of the Commission, the inquiry Chair or the Commission (as applicable) may appoint a single place and time at which the proceedings are taken to be or have been held.
(7) This section applies to part of the proceedings in the same way that it applies to all of the proceedings.
158B Proceedings with initiation notice - use of virtual enquiry technology
(1) This section applies to the following (the proceedings ):
(a) an appearance to give evidence or produce documents under section 44AAFA before the AER or a person assisting the AER;
(b) a conference held under subsection 90A(6) by the Commission as represented by a member or members of the Commission under paragraph 90A(7)(a);
(c) a conference held under subsection 93A(5) by the Commission as represented by a member or members of the Commission under paragraph 93A(6)(a);
(d) a conference held under Subdivision A or B of Division 3 of Part XI by the Commission as represented by a member or members of the Commission under paragraph 132H(1)(a);
(e) an appearance to give evidence or produce documents under section 133D before the Commonwealth Minister or an inspector;
(f) an appearance to give evidence or produce documents under paragraph 155(1)(c) before the Commission, an associate member of the Commission who is an AER member or a member of the staff assisting the Commission.
(2) The person who appoints the date or day (if applicable), time and place for the proceedings may decide that the proceedings are to be held:
(a) at one or more physical venues; or
(b) at one or more physical venues and using virtual enquiry technology; or
(c) using virtual enquiry technology only.
(3) If the proceedings are to be held:
(a) at more than one physical venue; or
(b) at one or more physical venues and using virtual enquiry technology; or
(c) using virtual enquiry technology only;
the single place and time at which the proceedings are taken to be held is that specified in the notice for the proceedings.
(4) Subsections (5) and (6) apply if the proceedings are held:
(a) at one or more physical venues and using virtual enquiry technology; or
(b) using virtual enquiry technology only.
(5) The AER, the person assisting the AER, the member or members of the Commission, the Commission, the Commonwealth Minister, the inspector, the associate member of the Commission who is an AER member or the member of the staff assisting the Commission (as applicable) (the relevant person ) must ensure that the use of the virtual enquiry technology is reasonable.
(6) If the proceedings are held in public, the relevant person must ensure that:
(a) the virtual enquiry technology provides the public with a reasonable opportunity to observe the proceedings; and
(b) information sufficient to allow the public to observe the proceedings using the virtual enquiry technology is made publicly available in a reasonable way.
(7) This section applies to part of the proceedings in the same way that it applies to all of the proceedings.