Document ID: chunk:federal_register_of_legislation:C2004C01287:clause:1_25a:p1
Version: federal_register_of_legislation:C2004C01287
Segment Type: clause
Provision Reference: sch 1 cl 25A (pt 1/3)
Character Range: 39045–41771

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 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 ACC operation/investigation.

 (7) If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness) is giving evidence at the examination, the examiner 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.

 (8) To avoid doubt, a person does not cease to be entitled to be present at an examination before an examiner or part of such an examination if:
 (a) the examiner fails to comply with subsection (7); or
 (b) a witness comments adversely on the presence of the person under paragraph (7)(b).

Confidentiality

 (9) An examiner may direct that:
 (a) any evidence given before the