Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 287

Reference to court of question of law arising at hearing

  (1)   ASIC may, of its own motion or at a person's request, refer to the court for decision a question of law arising at a hearing.

  (2)   If a question has been referred under subsection   (1), ASIC must not, in relation to a matter to which the hearing relates:

  (a)   give while the reference is pending a decision to which the question is relevant; or

  (b)   proceed in a manner, or make a decision, that is inconsistent with the court's opinion on the question.

  (3)   If a question is referred under subsection   (1):

  (a)   ASIC must send to the court all documents that were before ASIC in connection with the hearing; and

  (b)   at the end of the proceedings in the court in relation to the reference, the court must cause the documents to be returned to ASIC.


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