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LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 69
Power to summon witnesses and take evidence
69 Power to summon witnesses and take evidence
(1) An examining Commissioner may issue a summons to compel a person to appear
before the examining Commissioner at an examination at a time and place named
in the summons-- (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
examining Commissioner may require a person appearing at the examination to
produce a document or other thing.
(3) The examining Commissioner may, at a
hearing, take evidence on oath or affirmation and for that purpose-- (a) the
examining Commissioner may require a person appearing at the examination to
give evidence either to take an oath or make an affirmation in a form approved
by the examining Commissioner, and
(b) the examining Commissioner, or a
person authorised for the purpose by the examining Commissioner, may
administer an oath or affirmation to a person so appearing at the hearing.
(4) A witness who has been summoned to attend before an examining Commissioner
must appear and report himself or herself from day to day unless the witness
is excused from attendance or until the witness is released from further
attendance by the examining Commissioner.
(5) A person who, without being so
excused or released, fails to appear and report is taken to have failed to
appear before the examining Commissioner in obedience to the summons.
(6) A
Judge or Magistrate may, on the application of the Commission, issue any
summons that the examining 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 by a judicial officer, for the purposes of
the Service and Execution of Process Act 1992 of the Commonwealth and any
other relevant law.
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