Commonwealth Numbered Acts

Biological Control Act 1984 No. 139 of 1984 - SECT 41

41. (1) Subject to this section, an inquiry by a Commission shall be held in
public and evidence in the inquiry shall be taken in public on oath or
affirmation.

(2) Where a Commission is satisfied that it is desirable to do so in the
public interest by reason of the confidential nature of any evidence or matter
or for any other reason, the Commission may-

   (a)  direct that an inquiry or a part of an inquiry shall take place in
        private and give directions as to the persons who may be present; or

   (b)  give directions prohibiting or restricting the publication of evidence
        given before the Commission or of matters contained in documents
        lodged with the Commission.

(3) A Commission may, if it thinks fit, permit a person appearing as a witness
before the Commission to give evidence by tendering, and verifying by oath or
affirmation, a written statement.

(4) Where a Commission considers that the attendance of a person as a witness
before the Commission would cause serious hardship to a person, the Commission
may permit the person to give evidence by sending to the Commission a written
statement, verified in such manner as the Commission allows.

(5) Where evidence is given to a Commission by a written statement in
accordance with sub-section (3) or (4), the Commission shall make available to
the public in such manner as the Commission thinks fit the contents of the
statement other than any matter the publication of which, in the opinion of
the Commission, would be contrary to the public interest by reason of its
confidential nature or for any other reason.

(6) Subject to this section and the regulations-

   (a)  the procedure to be followed at an inquiry by a Commission is within
        the discretion of the Commission; and

   (b)  a Commission is not bound by the rules of evidence.