Document ID: chunk:federal_register_of_legislation:C2004C01298:clause:1_25a:p2
Version: federal_register_of_legislation:C2004C01298
Segment Type: clause
Provision Reference: sch 1 cl 25A (pt 2/3)
Character Range: 28476–31002

considers relevant to the special investigation.

 (10) If a person (other than a member or a member of the staff of the Authority) is present at a hearing before a hearing officer while another person (the witness) is giving evidence at the hearing, the hearing officer must:
 (a) inform the witness that the person is present; and
 (b) give the witness an opportunity to comment on the presence of the person.

 (11) To avoid doubt, a person does not cease to be entitled to be present at a hearing before a hearing officer or part of such a hearing if:
 (a) the hearing officer fails to comply with subsection (10); or
 (b) a witness comments adversely on the presence of the person under paragraph (10)(b).

 (12) A hearing officer may direct that:
 (a) any evidence given before the hearing officer; or
 (b) the contents of any document, or a description of any thing, produced to the hearing officer; or
 (c) any information that might enable a person who has given evidence before the hearing officer to be identified; or
 (d) the fact that any person has given or may be about to give evidence at a hearing;
must not be published, or must not be published except in such manner, and to such persons, as the hearing officer specifies. The hearing officer must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.

 (13) Subject to subsection (14), the Chair may, in writing, vary or revoke a direction under subsection (12).

 (14) The Chair must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.

 (15) Where:
 (a) a person has been charged with an offence before a federal court or before a court of a State or Territory; and
 (b) the court considers that it may be desirable in the interests of justice that particular evidence given before a hearing officer, being evidence in relation to which the hearing officer has given a direction under subsection (12), be made available to the person or to a legal practitioner representing the person;
the court may give to the hearing officer or the Authority a certificate to that effect and, if the court does so, the hearing officer or the Authority, as the case may be, must make the evidence available to the court.

 (16) Where:
 (a) the hearing officer or the Authority makes evidence available to