Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:2_239cd
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 2 cl 239CD
Character Range: 267297–268736

239CD  Financial Reporting Panel may restrict publication of certain material

 (1) If, during Financial Reporting Panel proceedings, the Panel is satisfied that it is desirable to do so, the Panel may give directions preventing or restricting the publication of:
 (a) submissions or evidence made or given to the Panel; or
 (b) matters contained in documents lodged with the Panel.

 (2) In determining whether or not to give a direction under subsection (1), the Financial Reporting Panel must have regard to:
 (a) whether:
 (i) submissions or evidence made or given, or that may be made or given; or
 (ii) a matter that has arisen or may arise;
  during the proceedings is of a confidential nature or relates to the commission, or to the alleged or suspected commission, of an offence against an Australian law; and
 (b) any unfair prejudice to a person's reputation that would be likely to be caused unless the Panel exercises its powers under this section; and
 (c) whether it is in the public interest that the Panel exercises its powers under this section; and
 (d) any other relevant matter.

 (3) A person must not contravene a direction given under subsection (1).

Penalty: 50 penalty units or imprisonment for 1 year, or both.

 (4) An offence constituted by a contravention of subsection (3) is punishable on summary conviction.

 (5) The Financial Reporting Panel may revoke or vary a direction given under subsection (1).