Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 28

Power to summon witnesses and take evidence

             (1)  An examiner may summon a person to appear before an examiner at an examination to do either or both of the following:

                     (a)  give evidence;

                     (b)  produce any documents or other things referred to in the summons;

if the examiner is satisfied that issuing the summons is:

                     (c)  in all cases--reasonable in all the circumstances; and

                     (d)  in the case of a post-charge, or post-confiscation application, summons--reasonably necessary for the purposes of the relevant special ACC operation/investigation even though:

                              (i)  the person has been charged or the confiscation proceeding has commenced; or

                             (ii)  that charge or proceeding is imminent.

          (1A)  The examiner must also record in writing the reasons for the issue of the summons. The record is to be made:

                     (a)  before the issue of the summons; or

                     (b)  at the same time as the issue of the summons.

             (2)  A summons under subsection (1) requiring a person to appear before an examiner at an examination must be accompanied by a copy of the determination of the Board that the intelligence operation is a special operation or that the investigation into matters relating to federally relevant criminal activity is a special investigation.

             (3)  A summons under subsection (1) requiring a person to appear before an examiner at an examination shall, unless the examiner issuing the summons is satisfied that, in the particular circumstances of the special ACC operation/investigation to which the examination relates, it would prejudice the effectiveness of the special ACC operation/investigation for the summons to do so, set out, so far as is reasonably practicable, the general nature of the matters in relation to which the person is to be questioned, but nothing in this subsection prevents an examiner from questioning the person in relation to any matter that relates to a special ACC operation/investigation.

Note:          Those matters could relate to a charge or confiscation proceeding against the person (see subsection 25A(6A)).

             (4)  The examiner who is holding an examination may require a person appearing at the examination to produce a document or other thing.

             (5)  An examiner may, at an examination, take evidence on oath or affirmation and for that purpose:

                     (a)  the examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in a form approved by the examiner; and

                     (b)  the examiner, or a person who is an authorised person in relation to the ACC, may administer an oath or affirmation to a person so appearing at the examination.

             (6)  In this section, a reference to a person who is an authorised person in relation to the ACC is a reference to a person authorised in writing, or a person included in a class of persons authorised in writing, for the purposes of this section by the CEO.

             (7)  The powers conferred by this section are not exercisable except for the purposes of a special ACC operation/investigation.

             (8)  A failure to comply with section 29A, so far as section 29A relates to a summons under subsection (1) of this section, does not affect the validity of the summons.

Severability

             (9)  Without limiting its effect apart from this subsection, this Act also has the effect it would have if:

                     (a)  paragraph (1)(d) had not been enacted; or

                     (b)  paragraph (1)(d) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or

                     (c)  paragraph (1)(d) were, by express provision, confined to dealing with a confiscation proceeding against the person that has commenced or is imminent.



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