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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 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.



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