Use of communication devices and recording tools in hearings of the Australian Competition Tribunal

Pursuant to s 39(1) of the Competition and Consumer Act 2010 (Cth), I direct that, unless the Tribunal otherwise orders:

1. A person must comply with any directions made by the Tribunal at the hearing of any proceeding in the Tribunal relating to the use of a communication device or recording tool.
2. A person must not use any recording tool to record a hearing of the Tribunal, including a hearing made accessible to the public by way of video link, audio link or other appropriate means. For the avoidance of doubt, this prohibition extends to the recording of a hearing for the purpose of making a transcript, but does not apply to any recording made by or on behalf of the Tribunal for the purpose of preparing the official transcript of the hearing.
3. A person must not use a communication device or a recording tool that might:
   (a) disturb a hearing in the Tribunal; or
   (b) cause any concern to a witness or other participant in a hearing in the Tribunal; or
   (c) allow a person who is not present in the Tribunal to receive information about the proceeding or the hearing to which the person is not entitled.

Justice O’Bryan
President