Direction about private hearings
504 Direction about private hearings
This section applies to a hearing conducted under this Division.
If the hearing, or a part of the hearing, takes place in private, the ACCC:
must give directions as to the persons who may be present at the hearing or the part of the hearing; and
may give directions restricting the disclosure of evidence or other material presented at the hearing or the part of the hearing.
A person must not fail to comply with a direction under subsection (2).
A person commits an offence if:
the ACCC has given a direction under paragraph (2)(a); and
the person engages in conduct; and
the person’s conduct contravenes the direction.
Penalty: 10 penalty units.
A person commits an offence if:
the ACCC has given a direction under paragraph (2)(b); and
the person engages in conduct; and
the person’s conduct contravenes the direction.
Penalty: 50 penalty units.
Subsections (3), (4) and (5) do not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
In this section:
engage in conduct means:
do an act; or
omit to perform an act.
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