Catchwords:

ADMINISTRATIVE LAW – appeal from a decision of the second respondent (Tribunal) to uphold a decision of a delegate of the first respondent (ASIC) to make a banning order under the National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) – where the banning order prohibited the applicant from engaging in credit activities – whether the Tribunal erred by applying the NCCP Act in force at the time of the Tribunal’s decision in circumstances where the banning order was imposed under a previous version of the NCCP Act – where transitional provisions provided that a banning order in force prior to the amendment of the NCCP Act continues in force and may be dealt with as if it had been made under the amended subsection – statutory construction of may be dealt with – whether the Tribunal’s decision is affected by apprehended bias because the Tribunal had knowledge of prejudicial but inadmissible facts relating to the applicant’s spent convictions – whether the applicant was denied procedural fairness – whether the Tribunal impermissibly made findings by having regard to findings made in other proceedings or made findings that were not reasonably open to it or based on probative evidence – appeal dismissed