National Consumer Credit Protection Act 2009
CHAPTER 6
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COMPLIANCE AND ENFORCEMENT
PART 6-5
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HEARINGS
Division 2
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Hearings
SECTION 287
REFERENCE TO COURT OF QUESTION OF LAW ARISING AT HEARING
287(1)
[
ASIC may refer to court]
(a) give while the reference is pending a decision to which the question is relevant; or
(b) proceed in a manner, or make a decision, that is inconsistent with the court ' s opinion on the question. 287(3) [ Documents]
(a) ASIC must send to the court all documents that were before ASIC in connection with the hearing; and
(b) at the end of the proceedings in the court in relation to the reference, the court must cause the documents to be returned to ASIC.
ASIC may, of its own motion or at a person ' s request, refer to the court for decision a question of law arising at a hearing.
287(2) [ Restrictions on ASIC]If a question has been referred under subsection (1), ASIC must not, in relation to a matter to which the hearing relates:
(a) give while the reference is pending a decision to which the question is relevant; or
(b) proceed in a manner, or make a decision, that is inconsistent with the court ' s opinion on the question. 287(3) [ Documents]
If a question is referred under subsection (1):
(a) ASIC must send to the court all documents that were before ASIC in connection with the hearing; and
(b) at the end of the proceedings in the court in relation to the reference, the court must cause the documents to be returned to ASIC.
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