Document ID: chunk:federal_register_of_legislation:C2024C00742:section:494
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 494
Character Range: 1080534–1081805

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