(3) Before issuing any guidelines or amendments to them under this Part, the Commission must consult the Legislative Council and any persons it considers appropriate.
(4) The Commission must make available copies of all guidelines issued under this Part and of all amendments made to them—
- (a) at the offices of the Commission during ordinary business hours;
- (b) through the Internet or a similar electronic network; and
- (c) in any other manner the Commission considers appropriate.
(5) A person does not incur any civil or criminal liability only because the person has contravened any guidelines issued under this Part or any amendments made to them.
(6) If, in any legal proceedings, the Tribunal or any other court is satisfied that a guideline is relevant to determining a matter that is in issue—
- (a) the guideline is admissible in evidence in the proceedings; and
- (b) proof that a person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter.
(7) Guidelines issued under this Part and all amendments made to them are not subsidiary legislation.
PART 4
Enforcement Powers of Commission
Division 1—Commitments
60. Commitments
(1) The Commission may accept from a person a commitment to—
- (a) take any action; or
- (b) refrain from taking any action,
that the Commission considers appropriate to address its concerns about a possible contravention of a competition rule.
(2) The action referred to in subsection (1)(a) does not include making a payment to the Government.
(3) If the Commission accepts a commitment under this section, it may agree—
- (a) not to commence an investigation or, if it has commenced an investigation, to terminate it; and
- (b) not to bring proceedings in the Tribunal or, if it has brought proceedings, to terminate them.
