Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 152ELA

  (1)   The Commission may, by written instrument, make rules:

  (a)   making provision for or in relation to the practice and procedure to be followed by the Commission in performing functions, or exercising powers, under this Part; or

  (b)   making provision for or in relation to all matters and things incidental to any such practice or procedure, or necessary or convenient to be prescribed for the conduct of any business of the Commission under this Part; or

  (c)   prescribing matters required or permitted by any other provision of this Part to be prescribed by the Procedural Rules.

  (2)   Rules under subsection   (1) are to be known as Procedural Rules.

  (3)   The Procedural Rules may make provision for or in relation to any or all of the following:

  (a)   the confidentiality of information or documents given to the Commission by:

  (i)   an applicant for an order under subsection   152ATA(1); or

  (ii)   a person who gave the Commission an access undertaking or a variation of an access undertaking;

  (c)   the form and content of applications, undertakings, variations or other documents given to the Commission under this Part.

  (4)   Subsection   (3) does not limit subsection   (1).

  (5)   The Procedural Rules may make provision for or in relation to a matter by empowering the Commission to make decisions of an administrative character.

  (6)   Subsection   (5) does not limit subsection   (1).

  (8)   An instrument under subsection   (1) is a legislative instrument.

Note:   For variation and revocation of instruments under subsection   (1), see subsection   33(3) of the Acts Interpretation Act 1901 .