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JUDICIAL MISBEHAVIOUR AND INCAPACITY (PARLIAMENTARY COMMISSIONS) ACT 2012 (NO. 188, 2012) - SECT 26

Additional requirements for notices

             (1)  Before giving a notice under section 25, the member must be satisfied that it is reasonable in all the circumstances to do so.

             (2)  A time specified in a notice given under section 25 must be at least 14 days after the day on which the person receives the notice.

             (3)  A notice given under paragraph 25(1)(a) (requiring a person to appear) must:

                     (a)  state that a person giving evidence may have a lawyer present; and

                     (b)  set out the effect of the following provisions:

                              (i)  section 27 (arrest of witness failing to appear);

                             (ii)  section 51 (offence for failure of witness to appear);

                            (iii)  section 52 (offence for failure of witness to produce documents or other thing).

             (4)  A notice given under subparagraph 25(1)(a)(i) (requiring a person to give evidence) must set out, so far as is reasonably practicable, the general nature of the matters in relation to which the person is to be questioned, unless the member giving the notice is satisfied that, in the particular circumstances of the hearing to which the notice relates, it would prejudice the effectiveness of the hearing to do so.

Note:          A person who is a Commonwealth judicial officer or a former Commonwealth judicial officer cannot be given a notice under section 25 (see subsection 25(5)).



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