108Examination to be in private

#### 108 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 109(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 subsection (2) (see subsection 13.3(3) of the Criminal Code).