(1) An adjudicator shall consider the following when making a decision in relation to a matter referred to him or her under section 71:

(a) the notice of suspected non-compliance served under section 63 (and any supplementary notice of suspected non-compliance served under section 64);

(b) the referral report;

(c) any written submissions made by the notified person on the notice of suspected non-compliance, any supplementary notice of suspected non-compliance and the referral report;

(d) any submissions, statements, admissions, information, records or other evidence provided to the adjudicator in the course of the proceedings;

(e) any prior relevant adjudication that has been confirmed by the High Court under section 109.

(2) In any matter referred to an adjudicator under section 71 the adjudicator may make a decision as to whether, on the balance of probabilities, a person has committed or is committing a regulatory breach.