Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Commissioner must give a person an opportunity to be heard before exercising a discretionary power under the Act or these Regulations adversely to the person.
Note: See section 216 of the Act for a similar provision.
(2) The Commissioner must give the person an opportunity to be heard by:
(a) asking the person for written submissions; or
(b) notifying the person that, on request to the Commissioner, the person may be heard by way of an oral hearing on a date, and at a time and place, determined by the Commissioner; or
(c) notifying the person of the date, time and place of an oral hearing.
(3) The Commissioner may exercise the discretionary power if the person:
(a) notifies the Commissioner that the person does not want to be heard; or
(b) does not file written submissions if requested under subregulation 22.23(1); or
(c) does not attend an oral hearing if notified under subregulation 22.23(2).
(4) If the Commissioner exercises discretionary power in any of the circumstances mentioned in subregulation (3), the Commissioner must notify the person of the Commissioner's decision.