Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A member may, by notice, require a person to do any of the following:
(a) to appear at a hearing of the Commission , at a specified time and place, to do either or both of the following:
(i) give evidence;
(ii) produce the documents or other things specified in the notice ;
(b) if the person is appearing as a witness at a hearing -- to produce a specified document or other thing to a specified member of staff of the Commission at a specified time;
(c) in any case-- to produce a specified document or other thing to a specified member of staff of the Commission at a specified time and place.
Note 1 : For self - incrimination, see section 54 .
Note 2: For protection s for those given a notice under this section, see section s 65 and 66 .
(2) The notice must:
(a) be in writing; and
(b) be given to the person; and
(c) be , and be given , in accordance with any requirements prescribed by the regulations.
Note: Section 26 sets out additional requirements for notice s .
Evidence on oath or affirmation
(3) A Commission may take evidence at a hearing on oath or affirmation . F or that purpose:
(a) a member may require a person appearing as a witness to give evidence at the hearing to take an oath or make an affirmation in a form approved in writing by the presiding member; and
(b) a member , or a person authorised in writing by the presiding member, may administer an oath or affirmation to a person appearing as a witness at the hearing.
(4) A person is not entitled to give evidence to a Commission by a statement that is not verified by oath or affirmation.
Exemption of Commonwealth judicial officer etc.
(5) Subsections ( 1) , (3) and (4) do not apply to a person who is :
(a) a Commonwealth judicial officer ; or
(b) a former Commonwealth judicial officer.
(6) To avoid doubt, despite subsection ( 5 ):
(a) a person who is a Commonwealth judicial officer or a former Commonwealth judicial officer may elect to give evidence after taking an oath or making an affirmation in a form approved in writing by the presiding member; and
(b) a member, or a person authorised in writing by the presiding member, may administer such an oath or affirmation to the person.