Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 285

Proceedings at hearings

  (1)   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.

  (2)   At a hearing, ASIC:

  (a)   is not bound by the rules of evidence; and

  (b)   may, on such conditions as it considers appropriate, permit a person to intervene; and

  (c)   must observe the rules of natural justice.

  (3)   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.

  (4)   At a hearing before a Division of ASIC (established under section   97 of the ASIC Act), 2 members of the Division form a quorum.

  (5)   At a hearing, a natural person may appear in person or be represented by an employee of the person approved by ASIC.

  (6)   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.

  (7)   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.

  (8)   Any person may be represented at a hearing by a lawyer.


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