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 278
GENERAL DISCRETION TO HOLD HEARING IN PUBLIC OR PRIVATE
278(1)
[
ASIC powers]
(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.
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.
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