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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 161

Who may be present at hearings etc.

  (1)   A person must not be present at a hearing, or a part of a hearing, of a Financial Services and Credit Panel in relation to a proposed decision affecting a person (the affected person ) unless:

  (a)   the panel has decided, under paragraph   163(2)(a), to hold the hearing or the part of the hearing, as the case may be, in public; or

  (b)   the person is required by a summons under subsection   165(1) to appear at the hearing; or

  (c)   the Chair of the panel gives a written direction naming the person; or

  (d)   both the following apply:

  (i)   the person is a staff member;

  (ii)   the Chair of the panel has not directed the person to leave the hearing or the part of the hearing, as the case may be; or

  (e)   the person is covered by subsection   (2).

Note:   Failure to comply with this subsection is an offence (see subsection   171(1)).

  (2)   This subsection covers the following:

  (a)   the affected person;

  (b)   a person who is, under section   164, representing:

  (i)   the affected person; or

  (ii)   a person required by a summons under subsection   165(1) to appear at the hearing.


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