National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-5 - HEARINGS  

Division 2 - Hearings  

SECTION 285   PROCEEDINGS AT HEARINGS  

285(1)   [ Conduct of hearing]  

A hearing must be conducted with as little formality and technicality, and with as much expedition, as the requirements of the Commonwealth credit legislation and a proper consideration of the matters before ASIC permit.

285(2)   [ ASIC powers at hearing]  

At a hearing, ASIC:

(a) is not bound by the rules of evidence; and

(b) may, on such conditions as it considers appropriate, permit a person to intervene; and

(c) must observe the rules of natural justice.

285(3)   [ Interpretation]  

Subject to subsection (4), Division 4 of Part 4 of the ASIC Act (other than section 104 of that Act) applies, so far as practicable, in relation to a hearing as if the hearing were a meeting of ASIC.

285(4)   [ Quorum]  

At a hearing before a Division of ASIC (established under section 97 of the ASIC Act), 2 members of the Division form a quorum.

285(5)   [ Appear in person or representation by employee]  

At a hearing, a natural person may appear in person or be represented by an employee of the person approved by ASIC.

285(6)   [ Representation for body corporate]  

A body corporate may be represented at a hearing by an officer (within the meaning of section 5 of the ASIC Act) or employee of the body corporate approved by ASIC.

285(7)   [ Representation for unincorporated association]  

An unincorporated association, or a person in the person ' s capacity as a member of an unincorporated association, may be represented at a hearing by a member, officer (within the meaning of section 5 of the ASIC Act) or employee of the association approved by ASIC.

285(8)   [ Legal representation]  

Any person may be represented at a hearing by a lawyer.