51Who may be present at examinations

51 Who may be present at examinations

(1) The examination must take place in private. (2) The following people may be present at the examination: (a) the investigator; (b) the examinee; (c) the examinee’s lawyer; (d) either or both of the following: (i) an APRA staff member approved by APRA to be present; (ii) an ASIC staff member approved by ASIC to be present; (e) a person directed by the investigator to be present.

Note: For the definitions of APRA staff member and ASIC staff member, see section 8.

(3) A person commits an offence if the person: (a) is present at an examination; and (b) is not a person mentioned in subsection (2).

Penalty: 30 penalty units.

(4) The examinee’s lawyer may, at such times during the examination as the investigator determines, address the investigator and examine the examinee about matters about which the investigator has examined the examinee. (5) The investigator may require a person to stop addressing the investigator or examining the examinee if, in the investigator’s opinion, the person is trying to obstruct the examination by exercising rights under subsection (4).

Note: Failure to comply with a requirement made under this subsection is an offence (see section 53).