Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

Referral of matter by authorised officer to adjudicator for adjudication

71. (1) Where an authorised officer refers a matter for adjudication he or she shall provide the adjudicator with—

(a) the notice of suspected non-compliance served by the authorised officer under section 63 , and any supplementary notice of suspected non-compliance served by the authorised officer under section 64 ,

(b) the referral report,

(c) a copy of all material relied upon by the authorised officer in forming his or her opinion, and

(d) any submissions made by the notified person during the investigation.

(2) An authorised officer shall, as soon as is practicable after providing an adjudicator with the information specified in subsection (1), give the notified person—

(a) a copy of the referral report, and

(b) a copy of, or access to, any material (other than material that has already been provided to the notified person) relied upon by the authorised officer for the purpose of referring the matter for adjudication, subject to such redactions as the authorised officer considers necessary and appropriate in order to protect the rights of the parties or any other person, to protect commercially sensitive information, or for any other good and sufficient reason.