Commentary on Sections

Schedule 2 – Inquiries by the Commissioner

Paragraphs 6 and 7 – Representations

343.In accordance with paragraph 6(1), the Commissioner must make arrangements for giving persons an opportunity to make representations in relation to inquiries.

344.Paragraph 6(2) provides that these arrangements must give the listed persons an opportunity to make representations in the course of an inquiry.

345.Paragraph 7(1) requires the Commissioner to consider representations made in relation to an inquiry by the persons listed.

346.The Commissioner must consider representations made by any other person in relation to an inquiry, unless the Commissioner thinks that it is appropriate to refuse to do so. Where the Commissioner refuses to consider representations he or she must give written notice to the person who made the representation of the decision to refuse to consider the representation made as well as the reasons for that decision.