Commonwealth Consolidated Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 278

Examination to be in private

  (1)   The examination is to take place in private and the inspector may give directions about who may be present during it, or during a part of it.

  (2)   A person must not be present at the examination unless he or she:

  (a)   is the inspector or the examinee; or

  (b)   is a member of the staff of the Regulator authorised by the Regulator to attend the examination; or

  (c)   is entitled to be present under:

  (i)   a direction under subsection   (1); or

  (ii)   subsection   279(1).

  (3)   A person who contravenes subsection   (2) commits an offence punishable on conviction by a fine not exceeding 10 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   A defendant bears an evidential burden in relation to the matter in paragraphs   (2)(a), (b) and (c) (see subsection   13.3(3) of the Criminal Code ).


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