National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-5 - HEARINGS  

Division 2 - Hearings  

SECTION 282   WHO MAY BE PRESENT WHEN HEARING TAKES PLACE IN PRIVATE  

282(1)    
ASIC may give directions about who may be present during a hearing that is to take place in private.

282(2)    
A direction under subsection (1) does not prevent:

(a) a person whom the Commonwealth credit legislation requires to be given the opportunity to appear at a hearing; or

(b) a person representing under section 285 :

(i) a person of a kind referred to in paragraph (a) of this subsection; or

(ii) a person who, by virtue of such a direction, is entitled to be present at a hearing;

from being present during the hearing.

282(3)    

If ASIC directs that a hearing take place in private, a person must not be present at the hearing unless he or she:

(a) is an ASIC member; or

(b) is an ASIC staff member approved by ASIC; or

(c) is entitled to be present by virtue of:

(i) a direction under subsection (1); or

(ii) subsection (2).

Criminal penalty: 30 penalty units.

282(4)    
Subsection (3) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code .

282(5)    
If a direction given under subsection (1) is in writing, it is not a legislative instrument.