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.