(1) An examination must be held in private and the Chief Examiner may give directions as to the persons who may be present during the examination or a part of the examination.
(2) Nothing in a direction given by the Chief Examiner under subsection (1) prevents the presence, when evidence is being taken at an examination before the Chief Examiner, of a legal practitioner representing the witness, an interpreter in accordance with section 34(2) or a parent or guardian of the witness or an independent person in accordance with section 34(3) or (4).
(3) If an examination before the Chief Examiner is being held, a person must not be present at the examination unless he or she is entitled to be present by reason of a direction given by the Chief Examiner under subsection (1) or is otherwise authorised by the Chief Examiner to be present.
(4) A person who is present at an examination in contravention of subsection (3) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
S. 35A inserted by No. 69/2009 s. 54(Sch. Pt 1 item 35).