CTHRepealedAct
Australian Securities and Investments Commission Act 1989
218Proceedings at hearings
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#### 218 Proceedings at hearings
(1) At a hearing:
(a) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of national scheme laws and a proper consideration of the matters before the Disciplinary Board permit;
(b) the Disciplinary Board is not bound by the rules of evidence; and
(c) the Disciplinary Board may, on such conditions as it thinks fit, permit a person to intervene in the proceedings.
(2) The Disciplinary Board shall observe the rules of natural justice at and in connection with a hearing.
(3) At a hearing:
(a) the Commission may be represented by:
(i) a staff member, or a member or acting member, of the Commission; or
(ii) a person authorised by the Commission for the purpose;
(b) a natural person may appear in person or may be represented by an employee of the person approved by the Disciplinary Board;
(c) a body corporate (other than the Commission) may be represented by an employee, or by a director or other officer, of the body corporate approved by the Disciplinary Board;
(d) an unincorporated association of persons or a member of an unincorporated association of persons may be represented by a member or officer of the association approved by the Disciplinary Board; and
(e) any person may be represented by a barrister or solicitor of the Supreme Court of a State or Territory or of the High Court.
(4) A person who attends at a hearing pursuant to a summons issued under subsection 217(1) is entitled to be paid:
(a) in a case where the summons was issued at another person’s request—by that other person; or
(b) in any other case—by the Disciplinary Board;
such allowances and expenses as are provided for by the regulations.
(5) The Disciplinary Board may permit a person appearing as a witness at a hearing to give evidence by tendering, and, if the Disciplinary Board thinks fit, verifying by oath, a written statement.