National Consumer Credit Protection Act 2009
CHAPTER 6
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COMPLIANCE AND ENFORCEMENT
PART 6-2
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EXAMINATION OF PERSONS
Division 2
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Examination of persons
SECTION 256
EXAMINATION TO TAKE PLACE IN PRIVATE
256(1)
The examination must take place in private and the inspector may give directions about who may be present during it, or during a part of it.
256(2)
A person must not be present at the examination unless he or she:
(a) is the inspector, the examinee or an ASIC member; or
(b) is an ASIC staff member approved by ASIC; or
(c) is entitled to be present by virtue of:
256(3)
Subsection (2) is an offence of strict liability.
The examination must take place in private and the inspector may give directions about who may be present during it, or during a part of it.
256(2)
A person must not be present at the examination unless he or she:
(a) is the inspector, the examinee or an ASIC member; or
(b) is an ASIC staff member approved by ASIC; or
(c) is entitled to be present by virtue of:
(i) a direction under subsection (1); or
(ii) subsection 257(1) .
Criminal penalty: 30 penalty units.
View history note
Hide history note256(3)
Subsection (2) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code .