(1) Subject to section 280, if:
(a) the Commonwealth credit legislation requires ASIC to give a person an opportunity to appear at a hearing; and
(b) the person requests that the hearing or part of the hearing take place in public;
the hearing or part must take place in public.
(2) Despite subsection (1), if ASIC is satisfied, having regard to the matters referred to in subsection 278(2), that it is desirable that a hearing or part of a hearing take place in private, it may direct that the hearing or part take place in private.
(3) If a direction given under subsection (2) is in writing, it is not a legislative instrument.