Document ID: chunk:federal_register_of_legislation:C2024C00612:section:25a:p1
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 25A (pt 1/3)
Character Range: 121188–123977

25A  Conduct of examination

Conduct of proceedings
 (1) An examiner may regulate the conduct of proceedings at an examination as he or she thinks fit.

Representation at examination
 (2) At an examination before an examiner:
 (a) a person giving evidence may be represented by a legal practitioner; and
 (b) if, by reason of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented.

Persons present at examination
 (3) An examination before an examiner must be held in private and the examiner may give directions as to the persons who may be present during the examination or a part of the examination.
 (4) Nothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination before the examiner, of:
 (a) a person representing the person giving evidence; or
 (b) a person representing, in accordance with subsection (2), a person who, by reason of a direction given by the examiner under subsection (3), is entitled to be present.
 (5) If an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present by reason of a direction given by the examiner under subsection (3) or by reason of subsection (4).

Witnesses
 (6) At an examination before an examiner:
 (a) counsel assisting the examiner generally or in relation to the matter to which the special ACC operation/investigation relates; or
 (b) any person authorised by the examiner to appear before the examiner at the examination; or
 (c) any legal practitioner representing a person at the examination in accordance with subsection (2);
may, so far as the examiner thinks appropriate, examine or cross‑examine any witness on any matter that the examiner considers relevant to the special ACC operation/investigation.
 (6A) For the purposes of subsection (6), the matters relevant to the special ACC operation/investigation may include:
 (a) the subject matter of any charge, or imminent charge, against the witness; and
 (b) the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the witness.
 (6B) Without limiting its effect apart from this subsection, this Act also has the effect it would have if:
 (a) subsection (6A) had not been enacted; or
 (b) subsection (6A) were, by express provision, confined to dealing with a charge against the witness or such a charge that is imminent; or
 (c) subsection (6A) were, by express provision, confined to dealing with a confiscation proceeding against the witness that has commenced or is imminent.
 (7) If a