Economic Regulation Authority Act 2003 (WA)

Western Australia Economic Regulation Authority Act 2003 Reprinted under the Reprints Act 1984 as at 4 April 2014 Western Australia Economic Regulation Authority Act 2003 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 — Economic Regulation Authority 4. Economic Regulation Authority established 4 5. Status 4 6. Management of Authority 4 7. Members 4 8. Term of office 5 9. Casual vacancy 5 10. Alternate chairman 6 11. Alternate members 7 12. Remuneration and conditions of members 7 13. Meetings of governing body 8 Part 3 — Administration Division 1 — Chief employee 14. Chief employee 9 15. Term of office 9 16. Casual vacancy 9 17. Remuneration and conditions of chief employee 10 18. Appointment of public service officer 10 Division 2 — Other staff and facilities 19. Other staff 11 20. Use of government staff and facilities 11 Division 3 — Financial provisions 21. Bank account 12 22. Borrowing from Treasurer 13 23. Application of Financial Management Act 2006 and Auditor General Act 2006 13 24. Separate financial records 14 Part 4 — Functions of Authority 25. Functions 15 26. Authority to have regard to certain matters 15 27. Powers 16 28. Independence of Authority 16 29. Delegation 17 30. Conflict of interest 18 Part 5 — References Division 1 — References on regulated industries 31. Term used: reference 19 32. References 19 33. Amendment or withdrawal of reference 20 34. Notice of reference, amendment or withdrawal 20 35. Authority to conduct inquiry 21 36. Reports 21 Division 2 — References on other industries 37. Term used: reference 21 38. References 21 39. Amendment or withdrawal of reference 22 40. Notice of reference, amendment or withdrawal 22 41. Authority to conduct inquiry 22 42. Reports 22 43. Preparation of reports for purposes of s. 42(2) 23 Division 3 — General 44. Term used: inquiry 23 45. Authority to act through a member or members when conducting inquiry 23 46. Conduct of inquiry 24 47. Powers relating to inquiry 24 48. Offences in relation to inquiry 25 49. Incriminating answers or documents 26 50. Protection for person assisting Authority 26 Part 6 — Collection and use of information 51. Power to obtain information and documents 27 52. Offences 27 53. Incriminating information or documents 28 54. Protection for person giving information or document 28 55. Restriction on disclosure of confidential information 28 Part 7 — Miscellaneous 56. Protection from liability for wrongdoing 30 57. Confidentiality 30 58. Intimidation 31 59. Execution of documents 31 60. Supplementary provision about laying documents before Parliament 32 61. Regulations 33 64. Review of Act 33 Schedule 1 — Meetings of governing body 1. Term used: meeting 35 2. Application 35 3. General procedure 35 4. Presiding member 35 5. Quorum 35 6. Voting 35 7. Minutes 36 8. Resolution without meeting 36 9. Holding meetings remotely 36 10. Leave of absence from meetings 36 Notes Compilation table 37 Defined terms Reprinted under the Reprints Act 1984 as at 4 April 2014 Western Australia Economic Regulation Authority Act 2003 An Act to establish the Economic Regulation Authority with inquiry, reporting, access regulation, licensing and other functions in respect of certain industries, to make consequential and other amendments to various Acts 2, and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Economic Regulation Authority Act 2003 1. 2. Commencement (1) Except as stated in subsection (3), this Act comes into operation on a day fixed by proclamation 1. (2) Different days may be fixed under subsection (1) for different provisions. (3) Sections 25(b) and 63(2) 3 and Schedule 4 3 come into operation on the day on which Schedule 2 Division 4 4 comes into operation 1. 3. Terms used In this Act, unless the contrary intention appears — Authority means the Economic Regulation Authority established by section 4(1); chairman means the person appointed under section 6(1)(a) and includes an alternate chairman appointed under section 10; chief employee means the chief employee of the Authority under section 14; functions, in relation to the Authority, means its functions under this Act or any other written law; governing body means the governing body of the Authority referred to in section 6; member means a member of the governing body and includes an alternate member appointed under section 11; price means any charge, fee, rate, tariff, or other valuable consideration (however described), but does not include — (a) any local government rate or charge; or (b) any land tax, pay‑roll tax, or other duty or tax payable under a written law; public sector employee means an employee as defined in section 3(1) of the Public Sector Management Act 1994; regulated industry means — (a) the electricity industry; or (b) the gas industry; or (c) the rail industry; or (d) the water industry; or (e) any other industry prescribed for the purposes of this definition; staff member means — (a) the chief employee; or (b) a public service officer referred to in section 19; or (c) an officer or employee referred to in section 20(1); or (d) a person engaged or appointed under section 100 of the Public Sector Management Act 1994 for the purposes of the Authority. [Section 3 amended: No. 12 of 2008 Sch. 1 cl. 7.] Part 2 — Economic Regulation Authority 4. Economic Regulation Authority established (1) A body called the Economic Regulation Authority is established. (2) The Authority is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Authority in its corporate name. 5. Status The Authority is an agent of the State and has the status, immunities and privileges of the State. 6. Management of Authority (1) The Authority is to have a governing body consisting of — (a) one member appointed as the chairman of the governing body; and (b) such other members, if any, as the Governor considers necessary for the proper performance of the Authority's functions. (2) The governing body, in the name of the Authority, is to determine the policies of, control the affairs of, and otherwise perform the functions of, the Authority. 7. Members (1) The members are to be appointed by the Governor on the nomination of the Minister and are to be persons who, in the opinion of the Minister, have knowledge or experience relevant to the functions of the Authority in industry, commerce, economics, law, public administration or consumer advocacy. (2) A person cannot be appointed or hold office as a member if the person is a public sector employee. (3) The chairman must be appointed on a full‑time basis. (4) A member other than the chairman need not be appointed on a full‑time basis. 8. Term of office (1) The term for which a person is appointed to be a member must be fixed in the instrument of appointment and must be not more than 5 years. (2) A person's eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment. (3) A person whose term of office expires may continue to perform the functions of the office for not more than 3 months after the term of office expires until another appointment to the office comes into effect unless the Minister, by notice in writing given to the person, otherwise directs. 9. Casual vacancy (1) A member may resign from office by notice in writing given to the Minister. (2) The Governor may remove a person who is a member from office on the grounds of — (a) mental or physical incapacity to carry out the person's duties in a satisfactory manner; or (b) the person being an insolvent under administration within the meaning of that term in the Corporations Act 2001 of the Commonwealth; or (c) neglect of duty; or (d) misconduct; or (e) incompetence; or (f) the person's absence, without leave or reasonable excuse, from 3 consecutive meetings of the governing body of which the person had notice. (3) If, before the term of office for which a person was appointed as a member expires, the person dies, resigns, becomes a public sector employee, or is removed from office, the office becomes vacant. 10. Alternate chairman (1) If the chairman is unable to act because of sickness, absence, disqualification under section 30(2) or other cause, or if there is no chairman, the Governor may appoint a person nominated by the Minister as the alternate chairman to act in the chairman's place. (2) A person can only be nominated for the purposes of subsection (1) if, in the opinion of the Minister, the person has knowledge or experience of the kind described in section 7(1). (3) A person who is a public sector employee can be appointed as the alternate chairman. (4) The alternate chairman need not be appointed on a full‑time basis. (5) If the chairman is disqualified under section 30(2) in relation to a matter, the alternate chairman may perform functions of the chairman in relation to that matter even though the chairman is at the same time performing functions in relation to another matter. (6) While acting in accordance with the appointment the alternate chairman is to be taken to be the chairman. (7) An act or omission of the alternate chairman cannot be questioned on the ground that the occasion for the alternate chairman's appointment or acting had not arisen or had ceased. (8) The appointment of a person as the alternate chairman may be terminated at any time by the Governor. 11. Alternate members (1) If a member, other than the chairman, is unable to act because of sickness, absence, disqualification under section 30(2) or other cause, the Governor may appoint a person nominated by the Minister as an alternate member to act in the member's place. (2) A person can only be nominated for the purposes of subsection (1) if, in the opinion of the Minister, the person has knowledge or experience of the kind described in section 7(1). (3) A person who is a public sector employee can be appointed as an alternate member. (4) If a member is disqualified under section 30(2) in relation to a matter, an alternate member may perform functions of the member in relation to that matter even though the member is at the same time performing functions in relation to another matter. (5) While acting in accordance with the appointment the alternate member is to be taken to be a member. (6) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the alternate member's appointment or acting had not arisen or had ceased. (7) The appointment of a person as an alternate member may be terminated at any time by the Governor. 12. Remuneration and conditions of members (1) The remuneration and allowances and other conditions of office of a member are to be determined by the Governor on the recommendation of the Public Sector Commissioner. (2) Subsection (1) has effect subject to the Salaries and Allowances Act 1975 if that Act applies to the member. (3) The remuneration and allowances and conditions of office of a member must not be varied while the member is in office so as to become less favourable to the member. [Section 12 amended: No. 39 of 2010 s. 89.] 13. Meetings of governing body Schedule 1 has effect with respect to meetings of the governing body. Part 3 — Administration Division 1 — Chief employee 14. Chief employee (1) Despite section 44(1) of the Public Sector Management Act 1994, the Authority is to have a chief employee. (2) The chief employee is to be appointed by the Authority. (3) The chief employee is not, and is not to become, a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994. (4) For the purposes of paragraph (b) of the definition of employing authority in section 5(1) of the Public Sector Management Act 1994, the governing body is the employer of the chief employee. (5) The chief employee is responsible for, and has the powers needed to administer, the day to day operations of the Authority, but is to comply with any directions given by the governing body. 15. Term of office (1) The term for which a person is appointed to be the chief employee is to be fixed in the instrument of appointment and is to be not longer than 5 years. (2) A person's eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment. 16. Casual vacancy (1) The chief employee may resign from office by notice in writing given to the chairman. (2) The governing body may remove a person who is the chief employee from office on the grounds of — (a) mental or physical incapacity to carry out the person's duties in a satisfactory manner; or (b) the person being an insolvent under administration within the meaning of that term in the Corporations Act 2001 of the Commonwealth; or (c) neglect of duty; or (d) misconduct; or (e) incompetence. (3) If, before the term of office for which a person was appointed as chief employee expires, the person dies, resigns, or is removed from office, the office becomes vacant. 17. Remuneration and conditions of chief employee (1) The remuneration and allowances and other conditions of office of the chief employee are to be determined by the Authority. (2) Subsection (1) has effect subject to the Salaries and Allowances Act 1975 if that Act applies to the chief employee. 18. Appointment of public service officer (1) In this section — public service officer has the same meaning as it has in the Public Sector Management Act 1994. (2) If, immediately before appointment as the chief employee, a person was a public service officer, the person — (a) retains existing and accruing rights as if service as the chief employee were a continuation of service as a public service officer; and (b) is entitled, if the term of office for which the person was appointed as chief employee expires and the person is not reappointed, to be appointed to an office in the Public Service not lower in status than the office occupied by the person before being appointed as chief employee. (3) If a person ceases to be the chief employee and becomes a public service officer, the person's service as the chief employee is to be regarded as service in the Public Service for the purposes of determining the person's rights as a public service officer. Division 2 — Other staff and facilities 19. Other staff Public service officers are to be appointed or made available under Part 3 of the Public Sector Management Act 1994 to enable the Authority to perform its functions. 20. Use of government staff and facilities (1) The Authority may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; or (b) in a State agency or instrumentality; or (c) otherwise in the service of the Crown in right of the State, other than an officer or employee of a party to an access agreement or of a relevant entity. (2) The Authority may by arrangement with — (a) a department of the Public Service that is not a party to an access agreement; or (b) a State agency or instrumentality that is not a party to an access agreement or a relevant entity, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) is to provide, without limiting its other provisions, that while the Authority is making use of the services of an officer or employee — (a) the Authority has authority to control and supervise the officer to the exclusion of any person who would normally have any such authority; and (b) the salary and allowances of the officer are to be paid out of money available to the Authority for that purpose. (4) Subject to subsection (3), an arrangement under subsection (1) or (2) is to be made on terms agreed to by the parties. (5) In this section — access agreement has the same meaning as it has in the Railways (Access) Act 1998; relevant entity means — (a) a body established by or under the Water Corporations Act 1995 section 4, namely — (i) the Water Corporation; or (ii) the Bunbury Water Corporation; or (iii) the Busselton Water Corporation; or (iv) a body established by the Governor; or [(b) deleted] (c) a body established by the Electricity Corporations Act 2005 section 4(1). [Section 20 amended: No. 18 of 2005 s. 139; No. 25 of 2012 s. 209(2) and (3); No. 25 of 2013 s. 38.] Division 3 — Financial provisions 21. Bank account (1) The Authority is to have an account at a bank approved by the Treasurer. (2) The account is to be called the "Economic Regulation Authority Account". (3) The account is to be — (a) credited with all funds received by, made available to, or payable to, the Authority including — (i) money appropriated by Parliament; and (ii) fees referred to in section 61(2); and (b) charged with all expenditure incurred under this Act or any other written law to enable the functions of the Authority to be performed, including the remuneration and allowances referred to in section 12 and the salary and allowances referred to in section 20(3)(b). 22. Borrowing from Treasurer The Authority may borrow from the Treasurer any amounts approved by the Treasurer on terms and conditions relating to repayment and payment of interest imposed by the Treasurer. 23. Application of Financial Management Act 2006 and Auditor General Act 2006 (1) The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Authority and the Authority's operations. (2) Despite subsection (1), any requirement under the Treasurer's instructions (issued under section 78 of the Financial Management Act 2006) that the Authority prepare performance indicators is to be limited to the Authority's management functions (including financial management), is not to apply to the performance of any other function of the Authority and need only be complied with to the extent practicable. (3) Despite subsection (1), section 40 of the Financial Management Act 2006 does not apply in respect of the Authority, but the expenditure that may be incurred to enable the functions of the Authority under a particular written law to be performed in any one financial year is limited to the amount specified by the Minister under this subsection in respect of that written law for that year. [Section 23 amended: No. 28 of 2006 s. 411; No. 77 of 2006 Sch. 1 cl. 48(1)-(3).] 24. Separate financial records The Authority must cause separate records to be kept of expenditure incurred in respect of each written law under which it has functions. [Section 24 amended: No. 77 of 2006 Sch. 1 cl. 48(4).] Part 4 — Functions of Authority 25. Functions The functions of the Authority are — (a) the inquiry, reporting and other functions it is given by this Act; and (b) the functions referred to in section 11AA of the Energy Coordination Act 1994; and (c) the functions it is given by or under the National Gas Access (WA) Act 2009; and (d) the functions referred to in section 20(1) of the Railways (Access) Act 1998; and (e) the functions referred to in the Water Services Act 2012 section 207; and (f) the functions it is given by or under any other enactment. [Section 25 amended: No. 16 of 2009 s. 53; No. 25 of 2012 s. 209(4).] 26. Authority to have regard to certain matters (1) In performing its functions, other than the functions described in section 25(c) and (d), the Authority must have regard to — (a) the need to promote regulatory outcomes that are in the public interest; (b) the long‑term interests of consumers in relation to the price, quality and reliability of goods and services provided in relevant markets; (c) the need to encourage investment in relevant markets; (d) the legitimate business interests of investors and service providers in relevant markets; (e) the need to promote competitive and fair market conduct; (f) the need to prevent abuse of monopoly or market power; (g) the need to promote transparent decision‑making processes that involve public consultation. (2) The Authority has a discretion as to the weight it gives to each of the matters referred to in subsection (1) in the performance of a particular function. (3) Nothing in subsection (1) limits a provision of another written law that requires the Authority, in performing a particular function, to have regard to, or take into account, particular objectives, considerations or other matters. (4) If there is any conflict or inconsistency between subsection (1) and a provision described in subsection (3), the latter provision prevails to the extent of the conflict or inconsistency. 27. Powers (1) The Authority may do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting subsection (1), the Authority may produce and publish information on matters relating to its functions. 28. Independence of Authority (1) Except as provided in subsection (2), the Authority is independent of direction or control by the State or any Minister or officer of the State in the performance of the Authority's functions. (2) The Minister may give directions in writing to the Authority to the extent allowed by subsection (3), and the Authority must give effect to any such direction. (3) Directions under subsection (2) — (a) can only relate to general policies to be followed by the Authority in matters of administration, including financial administration; and (b) cannot constrain the Authority with respect to the performance of any function given by or under the National Gas Access (WA) Act 2009 or referred to in section 20(1) of the Railways (Access) Act 1998. (4) Nothing in this section affects the operation of section 8(2) of the Public Sector Management Act 1994. (5) Within 14 days after a direction is given under subsection (2), the Authority — (a) must cause the text of the direction to be published in the Gazette; and (b) if the direction relates to a matter of administration under the National Gas Access (WA) Act 2009, must send a copy of the direction to the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia. (6) The Minister must cause the text of any direction under subsection (2) to be laid before each House of Parliament, or dealt with under section 60, within 14 days after the direction is given. (7) The text of a direction under subsection (2) must be included in the annual report submitted by the accountable authority of the Authority under Part 5 of the Financial Management Act 2006. [Section 28 amended: No. 77 of 2006 Sch. 1 cl. 48(5); No. 16 of 2009 s. 54.] 29. Delegation (1) Subject to subsection (2), the Authority may delegate to a member or a staff member any power or duty of the Authority under another provision of this Act or under any other written law. (2) The Authority cannot delegate a power or duty of the Authority under section 35, 36, 41 or 42. (3) A delegation must be in writing executed by the Authority. (4) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (5) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (6) Nothing in this section limits the ability of the Authority to perform a function through a staff member or an agent. 30. Conflict of interest (1) A member must inform the Minister in writing of — (a) any direct or indirect interest that the member has or acquires in any business, or in any body corporate carrying on business, in Australia or elsewhere; or (b) any other direct or indirect interest that the member has or acquires that conflicts or may conflict with the member's duties. Penalty: $10 000. (2) The Minister may — (a) direct the member to resolve a conflict between a direct or indirect interest and a duty of the member in relation to a particular matter; and (b) if the conflict is not resolved to the Minister's satisfaction, disqualify the member from acting in relation to the matter. Part 5 — References Division 1 — References on regulated industries 31. Term used: reference In this Division — reference means a notice under section 32(1). 32. References (1) The Minister may, by written notice, refer to the Authority for an inquiry any matter relating to a regulated industry other than a matter governed by the operation of the National Gas Access (Western Australia) Law or the Code in force under section 4 of the Railways (Access) Act 1998. (2) Without limiting subsection (1), the matters that can be referred to the Authority include — (a) prices and pricing policy in respect of goods and services provided in the industry concerned; and (b) quality and reliability of goods and services provided in the industry concerned; and (c) investment and business practices in the industry concerned; and (d) costs of compliance with written laws that apply to the industry concerned. (3) Before referring a matter to the Authority under subsection (1) the Minister must consult with the Authority. (4) A reference — (a) must specify the terms of reference for the inquiry; and (b) may require the inquiry to be conducted on an annual or other periodic basis; and (c) may specify the nature and degree of public consultation that is to be undertaken for the purposes of the inquiry; and (d) may specify a period within which the Authority must submit a report to the Minister under section 36(1); and (e) may require the Authority to make a draft report publicly available or available to specified persons or bodies. [Section 32 amended: No. 16 of 2009 s. 55.] 33. Amendment or withdrawal of reference The Minister may, by written notice given to the Authority, amend or withdraw a reference at any time before the Minister has received from the Authority a report under section 36(1) in respect of the reference. 34. Notice of reference, amendment or withdrawal (1) The Authority must publish notice of any reference, or the amendment or withdrawal of any reference — (a) in the Gazette; and (b) in a daily newspaper circulating generally in the State; and (c) on the Internet. (2) Notice of a reference must specify — (a) the terms of reference for the inquiry; and (b) the period during which the inquiry is to be held; and (c) the period within which, and the form in which, members of the public may make submissions, including details of any public hearings; and (d) the matters that the Authority would like submissions to deal with. (3) Notice of an amendment of a reference must give particulars of the amendment. 35. Authority to conduct inquiry The Authority must conduct an inquiry into any matter referred to the Authority under section 32(1). 36. Reports (1) The Authority must submit a report to the Minister on the outcome of the inquiry. (2) The Authority must identify in the report any information contained in the report that the Authority considers is of a confidential or commercially sensitive nature. (3) The Minister must cause a copy of the report (excluding any information identified under subsection (2)) to be laid before each House of Parliament, or dealt with under section 60, within 28 days after the Minister receives the report. (4) If information is excluded from a copy of the report because of its confidential or commercially sensitive nature, the copy of the report must contain a statement to that effect at the place in the report where the information excluded would have otherwise appeared. Division 2 — References on other industries 37. Term used: reference In this Division — reference means a notice under section 38(1). 38. References (1) The Minister may, by written notice, refer to the Authority for — (a) an inquiry; or (b) a report, any matter relating to an industry that is not a regulated industry. (2) Without limiting subsection (1), the matters that can be referred to the Authority include the matters described in section 32(2). (3) Before referring a matter to the Authority under subsection (1) the Minister must consult with the Authority. (4) A reference — (a) must specify the terms of reference for the inquiry or report; and (b) may specify the nature and degree of public consultation that is to be undertaken for the purposes of the inquiry or report; and (c) may specify a period within which the Authority must submit a report to the Minister under section 42(1) or (2); and (d) may require the Authority to make a draft report publicly available or available to specified persons or bodies. 39. Amendment or withdrawal of reference The Minister may, by written notice given to the Authority, amend or withdraw a reference at any time before the Minister has received from the Authority a report under section 42(1) or (2) in respect of the reference. 40. Notice of reference, amendment or withdrawal The Minister may, but is not required to, cause notice of any reference, or the amendment or withdrawal of any reference, to be published in the Gazette or in some other manner. 41. Authority to conduct inquiry The Authority must conduct an inquiry into any matter referred to the Authority under section 38(1)(a). 42. Reports (1) If a matter is referred to the Authority under section 38(1)(a) the Authority must submit a report to the Minister on the outcome of the inquiry. (2) If a matter is referred to the Authority under section 38(1)(b) the Authority must submit a report to the Minister on the matter. (3) The Authority must identify in a report under subsection (1) or (2) any information contained in the report that the Authority considers is of a confidential or commercially sensitive nature. (4) The Minister must cause a copy of the report, excluding any information identified under subsection (3), to be laid before each House of Parliament within 28 days after the Minister receives the report. (5) If information is excluded from a copy of the report made available under subsection (4) because of its confidential or commercially sensitive nature, the copy of the report must contain a statement to that effect at the place in the report where the information excluded would have otherwise appeared. 43. Preparation of reports for purposes of s. 42(2) In preparing a report for the purposes of section 42(2), the Authority may inform itself on any matter in any manner it considers appropriate. Division 3 — General 44. Term used: inquiry In this Division — inquiry means an inquiry under Division 1 or 2. 45. Authority to act through a member or members when conducting inquiry (1) In conducting an inquiry the Authority is to act through a member or members specified by the chairman. (2) Any 2 or more members through whom the Authority conducts an inquiry do not act as the governing body, and Schedule 1 does not apply to their proceedings and deliberations. (3) The Authority may conduct an inquiry through a member or members even though it is at the same time conducting another inquiry through any other member or members. 46. Conduct of inquiry (1) In conducting an inquiry the Authority — (a) is to act with as little formality as possible; and (b) is not bound by the rules of evidence and may inform itself on any matter in any manner it considers appropriate; and (c) may receive written or oral submissions; and (d) may establish working groups and task forces. (2) The Authority — (a) has a discretion as to whether any person may appear before the Authority in person or be represented by another person; and (b) may determine that proceedings, or any part of proceedings, before the Authority are to be held in private if the Authority is satisfied that — (i) it is in the public interest to do so; or (ii) the evidence is of a confidential or commercially sensitive nature. (3) Except as otherwise stated in this Division, the Authority may conduct an inquiry in any manner it considers appropriate. 47. Powers relating to inquiry For the purposes of an inquiry, the Authority may — (a) by summons signed on behalf of the Authority by a member or the chief employee, require any person — (i) to attend before the Authority; or (ii) to produce any document specified in the summons to the Authority; or (b) inspect any document produced, and retain it for any reasonable period that the Authority thinks appropriate, and make copies of the document or any of its contents; or (c) require any person to swear to truly answer any relevant que