Proceedings at hearings
285 Proceedings at hearings
A hearing must be conducted with as little formality and technicality, and with as much expedition, as the requirements of the Commonwealth credit legislation and a proper consideration of the matters before ASIC permit.
At a hearing, ASIC:
is not bound by the rules of evidence; and
may, on such conditions as it considers appropriate, permit a person to intervene; and
must observe the rules of natural justice.
Subject to subsection (4), Division 4 of Part 4 of the ASIC Act (other than section 104 of that Act) applies, so far as practicable, in relation to a hearing as if the hearing were a meeting of ASIC.
At a hearing before a Division of ASIC (established under section 97 of the ASIC Act), 2 members of the Division form a quorum.
At a hearing, a natural person may appear in person or be represented by an employee of the person approved by ASIC.
A body corporate may be represented at a hearing by an officer (within the meaning of section 5 of the ASIC Act) or employee of the body corporate approved by ASIC.
An unincorporated association, or a person in the person’s capacity as a member of an unincorporated association, may be represented at a hearing by a member, officer (within the meaning of section 5 of the ASIC Act) or employee of the association approved by ASIC.
Any person may be represented at a hearing by a lawyer.
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