Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If, at a hearing that is taking place in public or in private, ASIC is satisfied that it is desirable to do so, ASIC may give directions preventing or restricting the publication of evidence given before, or of matters contained in documents lodged with, ASIC.
Note: Failure to comply with a direction given under this subsection is an offence (see section 293).
(2) In determining whether or not to give a direction under subsection (1), ASIC must have regard to:
(a) whether evidence that has been or may be given, or a matter that has arisen or may arise, during the hearing is of a confidential nature or relates to the commission, or to the alleged or suspected commission, of an offence against a law of the Commonwealth, a State or a Territory; and
(b) any unfair prejudice to a person's reputation that would be likely to be caused unless ASIC exercises its powers under this section; and
(c) whether it is in the public interest that ASIC exercises its powers under this section; and
(d) any other relevant matter.
(3) If a direction given under subsection (1) is in
writing, it is not a legislative instrument.