National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-5 - HEARINGS  

Division 2 - Hearings  

SECTION 281   ASIC MAY RESTRICT PUBLICATION OF CERTAIN MATERIAL  

281(1)    
If, at a hearing that is taking place in public or in private, ASIC is satisfied that it is desirable to do so, ASIC may give directions preventing or restricting the publication of evidence given before, or of matters contained in documents lodged with, ASIC.

Note:

Failure to comply with a direction given under this subsection is an offence (see section 293 ).


281(2)    
In determining whether or not to give a direction under subsection (1) , ASIC must have regard to:

(a)    whether evidence that has been or may be given, or a matter that has arisen or 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 unless ASIC exercises its powers under this section; and

(c)    whether it is in the public interest that ASIC exercises its powers under this section; and

(d)    any other relevant matter.

281(3)    
If a direction given under subsection (1) is in writing, it is not a legislative instrument.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.