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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 35
Power to summon witnesses and take evidence
35 Power to summon witnesses and take evidence
(1) A Commissioner may summon a person to appear before the Commission at a
compulsory examination or public inquiry at a time and place named in the
summons (the
"required appearance" )- (a) to give evidence, or
(b) to produce such
documents or other things (if any) as are referred to in the summons,
or both.
(2) The person presiding at a compulsory examination or public inquiry before
the Commission may require a person appearing at the compulsory examination or
public inquiry to produce a document or other thing.
(3) The Commission may,
at a compulsory examination or public inquiry, take evidence on oath or
affirmation and for that purpose- (a) the person presiding at the
compulsory examination or public inquiry may require a person appearing at the
compulsory examination or public inquiry to give evidence either to take an
oath or to make an affirmation in a form approved by the person presiding, and
(b) the person presiding, or a person authorised for the purpose by the person
presiding, may administer an oath or affirmation to a person so appearing at
the compulsory examination or public inquiry.
(4) A witness who has been
summoned to appear before the Commission shall appear and report himself or
herself from day to day unless the witness is excused from appearance or until
the witness is released from further appearance by the person presiding at the
compulsory examination or public inquiry.
(4A) A Commissioner may, by notice
in writing, excuse a person who has been summoned to appear before the
Commission and produce documents or other things from the required appearance
on condition that the person (or a person acting on the person’s behalf)
produces those documents or things in accordance with any directions given by
the Commissioner before the time of the required appearance.
(5) A person
who, without being excused or released under subsection (4) or (4A), fails to
appear and report shall be taken to have failed to appear before the
Commission in obedience to the summons.
(5A) A person who, after being
excused under subsection (4A) from the required appearance, fails to produce
the documents or things concerned in accordance with the Commissioner’s
directions is taken to have failed to appear before the Commission in
obedience to the summons.
(6) A Judge or Magistrate may, on the application
of a Commissioner, issue any summons that the Commissioner is authorised to
issue under this section.
(7) The purpose of subsection (6) is to enable the
summons to be given the character of a summons issued by a judicial officer,
for the purposes of the Service and Execution of Process Act 1901 of the
Commonwealth and any other relevant law.
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