Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) ASIC may give directions about who may be present during a hearing that is to take place in private.
(2) A direction under subsection (1) does not prevent:
(a) a person whom the Commonwealth credit legislation requires to be given the opportunity to appear at a hearing; or
(b) a person representing under section 285:
(i) a person of a kind referred to in paragraph (a) of this subsection; or
(ii) a person who, by virtue of such a direction, is entitled to be present at a hearing;
from being present during the hearing.
(3) If ASIC directs that a hearing take place in private, a person must not be present at the hearing unless he or she:
(a) is an ASIC member; or
(b) is an ASIC staff member approved by ASIC; or
(c) is entitled to be present by virtue of:
(i) a direction under subsection (1); or
(ii) subsection (2).
Criminal penalty: 30 penalty units.
(4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(5) If a direction given under subsection (1) is in
writing, it is not a legislative instrument.