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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 56

Who may be present when hearing takes place in private

(1) ASIC may give directions about who may be present during a hearing that is to take place in private. (2) A direction under subsection (1) does not prevent:

(a)
a person whom the corporations legislation (other than the excluded provisions) requires to be given the opportunity to appear at a hearing; or

(b)
a person representing under section 59:

(i)
a person of a kind referred to in paragraph (a) of this subsection; or
(ii)
a person who, by virtue of such a direction, is entitled to be present at a hearing;
from being present during the hearing.

(3) Where ASIC directs that a hearing take place in private, a person must not be present at the hearing unless he or she:

(a)
is a member; or

(b)
is a staff member approved by ASIC; or

(c)
is entitled to be present by virtue of:

(i)
a direction under subsection (1); or
(ii)
subsection (2).

Penalty: 10 penalty units or imprisonment for 3 months.



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