National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-5 - HEARINGS  

Division 2 - Hearings  

SECTION 287   REFERENCE TO COURT OF QUESTION OF LAW ARISING AT HEARING  

287(1)   [ ASIC may refer to court]  

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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