PART 6Initiation and conduct of an investigation

CHAPTER 3Conduct of an investigation

Essential facts and disclosureI162

1

Before making a final affirmative or final negative determination for the purpose of paragraph 11(5) of Schedule 4 to the Act, the TRA must—

a

publish a statement (a “statement of essential facts”) which sets out—

i

the final determination that it intends to make (“intended final determination”);

ii

a summary of the facts considered by the TRA during the investigation;

iii

those facts referred to in sub-paragraph (ii) that formed the basis of the intended final determination; and

b

inform interested parties who have supplied information that has been considered by the TRA—

i

how it has used the information supplied by that party in making the intended final determination; and

ii

of the details of the TRA's analysis forming the basis of the intended final determination.

2

The TRA must specify in the statement of essential facts a period during which it will consider comments on that statement from interested parties, contributors or any other person who has supplied information to it.