Who may be present when hearing takes place in private
282 Who may be present when hearing takes place in private
ASIC may give directions about who may be present during a hearing that is to take place in private.
A direction under subsection (1) does not prevent:
a person whom the Commonwealth credit legislation requires to be given the opportunity to appear at a hearing; or
a person representing under section 285:
a person of a kind referred to in paragraph (a) of this subsection; or
a person who, by virtue of such a direction, is entitled to be present at a hearing;
from being present during the hearing.
If ASIC directs that a hearing take place in private, a person must not be present at the hearing unless he or she:
is an ASIC member; or
is an ASIC staff member approved by ASIC; or
is entitled to be present by virtue of:
a direction under subsection (1); or
subsection (2).
Criminal penalty: 30 penalty units.
Subsection (3) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
If a direction given under subsection (1) is in writing, it is not a legislative instrument.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.