Document ID: chunk:federal_register_of_legislation:C2024C00826:section:282
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 282
Character Range: 619398–620554

282  Who may be present when hearing takes place in private
 (1) ASIC may give directions about who may be present during a hearing that is to take place in private.
 (2) A direction under subsection (1) does not prevent:
 (a) a person whom the Commonwealth credit legislation requires to be given the opportunity to appear at a hearing; or
 (b) a person representing under section 285:
 (i) a person of a kind referred to in paragraph (a) of this subsection; or
 (ii) a person who, by virtue of such a direction, is entitled to be present at a hearing;
from being present during the hearing.
 (3) If ASIC directs that a hearing take place in private, a person must not be present at the hearing unless he or she:
 (a) is an ASIC member; or
 (b) is an ASIC staff member approved by ASIC; or
 (c) is entitled to be present by virtue of:
 (i) a direction under subsection (1); or
 (ii) subsection (2).
Criminal penalty: 30 penalty units.
 (4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) If a direction given under subsection (1) is in writing, it is not a legislative instrument.