(1)

Subject to subregulation (2), an arbitration hearing for a dispute is to be in private.

(2)

If the parties agree, an arbitration hearing, or part of an arbitration hearing, may be conducted in public.

(3) The member of the ACCC who is presiding at an arbitration hearing that is conducted in private:

(a)

may give written directions as to the persons who may be present; and

(b)

must have regard, in giving a direction, to the wishes of the parties and the need for commercial confidentiality.