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

Regulations in relation to proceedings before adjudicator

89. (1) The Minister may make regulations setting out detailed requirements in relation to decisions of an adjudicator under sections 90 and 91 , in order to implement this section and otherwise in relation to the conduct of proceedings before an adjudicator in any matter referred to an adjudicator under section 71 (in this section referred to as “proceedings”), having regard to the need for efficiency and the rights of the defence, including but not limited to all or any of the following:

(a) the form and manner of provision of information, records, documents, statements, admissions and evidence to be provided to the Commission or to the adjudicator;

(b) time limits to apply to the making and conduct of proceedings;

(c) the attendance of witnesses at an oral hearing;

(d) the form, and manner of making, of requests by an adjudicator for information, discovery or disclosure from a party to a proceeding, or a person other than a party;

(e) the provision by the Commission, or by an adjudicator, to a party to proceedings, or a person other than a party to proceedings, of information received by the adjudicator or the Commission;

(f) procedures for the consolidation and hearing of two or more proceedings together;

(g) procedures for the separation of proceedings;

(h) the publication on the website of the Commission of information and documents provided, for the purposes of proceedings, by a party to a proceeding or by a person other than a party to proceedings;

(i) the form and manner in which a proceeding may be withdrawn;

(j) any consequential, supplementary or transitional provisions as appear to the Minister to be necessary or expedient for the purpose of giving effect to the regulations.

(2) The Commission shall publish guidelines on the conduct of proceedings and may publish guidelines on any of the matters the subject of regulations under subsection (1).