Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a hearing conducted under this Division.
(2) If the hearing, or a part of the hearing, takes place in private, the ACCC:
(a) must give directions as to the persons who may be present at the hearing or the part of the hearing; and
(b) may give directions restricting the disclosure of evidence or other material presented at the hearing or the part of the hearing.
(3) A person must not fail to comply with a direction under subsection (2).
(4) A person commits an offence if:
(a) the ACCC has given a direction under paragraph (2)(a); and
(b) the person engages in conduct; and
(c) the person's conduct contravenes the direction.
(5) A person commits an offence if:
(a) the ACCC has given a direction under paragraph (2)(b); and
(b) the person engages in conduct; and
(c) the person's conduct contravenes the direction.
(6) Subsections (3), (4) and (5) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).
(7) In this section:
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.