Competition and Consumer Act 2010

The Commission may, in writing, make guidelines relating to the conduct of an arbitration under this Division.

However, the Commission cannot include in the guidelines a provision that relates to any of the following matters unless the Minister has approved the provision, in writing:

how a panel makes a ruling under subsection 52ZU(3) (information requests);

the content of final offers made by bargaining parties in accordance with subsection 52ZX(2);

the content of submissions given by bargaining parties in accordance with subsection 52ZZB(1);

how a panel makes a determination in accordance with subsection 52ZX(1).

A panel may take the guidelines into account in conducting an arbitration under this Division.

However:

the panel need not take the guidelines into account in conducting the arbitration; and

a failure by the panel to take the guidelines into account in conducting the arbitration does not affect the validity of the arbitration or any aspect of the arbitration.

The Commission must publish the guidelines on its website as soon as practicable.

General information made available by the Commission in accordance with subsection 28(1) must not relate to the conduct of an arbitration under this Division.

Guidelines made under subsection (1) are not a legislative instrument.