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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 167

Panels may restrict publication of certain material

  (1)   If, at a hearing of a Financial Services and Credit Panel, the panel is satisfied that it is desirable to restrict the publication of evidence given before the panel, or matters contained in documents lodged with the panel, the panel may give a written direction restricting the publication of that evidence or those matters.

Note:   Failure to comply with a direction in force under this subsection is an offence (see subsection   171A(1)).

  (2)   In determining whether it is desirable to restrict the publication of evidence given before the panel, or matters contained in documents lodged with the panel, the panel must have regard to:

  (a)   whether evidence that has been or may be given, or a matter that has arisen or may arise, during the hearing is:

  (i)   of a confidential nature; or

  (ii)   relates to the commission, or to the alleged or suspected commission, of an offence against an Australian law; and

  (b)   any unfair prejudice to a person's reputation that would be likely to be caused unless the panel gives a direction restricting the publication of that evidence or those matters; and

  (c)   whether it is in the public interest that the panel gives a direction restricting the publication of that evidence or those matters; and

  (d)   any other relevant matter.


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