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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 59

Proceedings at hearings

  (1)   A hearing must be conducted with as little formality and technicality, and with as much expedition, as the requirements of the corporations legislation (other than the excluded provisions) and a proper consideration of the matters before ASIC permit.

  (2)   At a hearing, ASIC:

  (a)   is not bound by the rules of evidence; and

  (b)   may, on such conditions as it thinks fit, permit a person to intervene; and

  (c)   must observe the rules of natural justice.

  (3)   Subject to subsection   (4), Division   4 of Part   4 applies, so far as practicable, in relation to a hearing as if the hearing were a meeting of ASIC.

  (4)   At a hearing before a Division of ASIC, 2 members of the Division form a quorum.

  (5)   At a hearing, a natural person may appear in person or be represented by an employee of the person approved by ASIC.

  (6)   A body corporate may be represented at a hearing by:

  (a)   unless paragraph   (b) applies--an officer or employee of the body corporate approved by ASIC; or

  (b)   if the body corporate is a CCIV--any of the following persons approved by ASIC:

  (i)   an officer of the CCIV (other than the corporate director of the CCIV);

  (ii)   an officer or employee of the corporate director of the CCIV.

  (7)   An unincorporated association, or a person in the person's capacity as a member of an unincorporated association, may be represented at a hearing by a member, officer or employee of the association approved by ASIC.

  (8)   Any person may be represented at a hearing by a barrister or solicitor of the Supreme Court of a State or Territory or of the High Court.


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