National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-5 - HEARINGS  

Division 2 - Hearings  

SECTION 278   GENERAL DISCRETION TO HOLD HEARING IN PUBLIC OR PRIVATE  

278(1)   [ ASIC powers]  

Subject to sections 279 and 280 , ASIC may direct that a hearing take place in public or take place in private.

278(2)   [ Matters taken into account]  

In exercising its discretion under subsection (1), ASIC must have regard to:

(a) whether evidence that may be given, or a matter that may arise, during the hearing is of a confidential nature or relates to the commission, or to the alleged or suspected commission, of an offence against a law of the Commonwealth, a State or a Territory; and

(b) any unfair prejudice to a person ' s reputation that would be likely to be caused if the hearing took place in public; and

(c) whether it is in the public interest that the hearing take place in public; and

(d) any other relevant matter.