Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 59

Proceedings at hearings
59. (1) A hearing 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 Commission
permit.

(2) At a hearing, the Commission:

   (a)  is not bound by the rules of evidence;

   (b)  may, on such conditions as it thinks fit, permit a person to
        intervene; and

   (c)  shall observe the rules of natural justice.

(3) Subject to subsection (4), Division 4 of Part 4 (other than section 104)
applies, so far as practicable, in relation to a hearing as if the hearing
were a meeting of the Commission.

(4) At a hearing before a Division of the Commission, 2 members of the
Division form a quorum.

(5) At a hearing, a natural person may appear in person or be represented by
an employee of the person approved by the Commission.

(6) A body corporate may be represented at a hearing by an officer of the body
corporate approved by the Commission.

(7) An unincorporated association, or a person in the person's capacity as a
member of an unincorporated association, may be represented at a hearing by a
member or officer of the association approved by the Commission.

(8) Any person may be represented at a hearing by a barrister or solicitor of
the Supreme Court of a State or Territory or of the High Court. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback