South Australian Current Acts

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ROYAL COMMISSIONS ACT 1917 - SECT 11

11—Powers of commission in respect of witnesses

        (1)         If any person—

            (a)         who has been personally served with a summons to attend before the commission, and whose expenses, as provided in subsection (5) hereof, have been paid or tendered to him, neglects to attend in obedience to such summons; or

            (b)         wilfully insults the commission, or any commissioner; or

            (c)         by writing or speech uses words false and defamatory of the commission, or any commissioner; or

            (d)         misbehaves himself before the commission; or

            (e)         interrupts the proceedings of the commission; or

            (f)         being called or examined as a witness in any inquiry or any matter pending before the commission, refuses to be sworn, or to affirm or declare, or refuses or neglects to produce any books, papers, documents or records as required by a summons personally served upon him, or prevaricates in his evidence, or refuses to answer any lawful question,

the chairman may commit such person to gaol for any term not exceeding three months or may impose on him a penalty not exceeding $1 000, and in default of immediate payment of such penalty the chairman may commit the offender to gaol for any term not exceeding three months unless the penalty is sooner paid.

        (2)         In any of the cases aforesaid a warrant in the form or to the effect of Schedule 1 may be issued by the chairman, and such warrant shall be good and valid in law without any other warrant, order, or process whatsoever; and the Commissioner of Police and all members of the police force and the Sheriff and all gaolers may and shall obey the same.

        (3)         When any person who has been personally served with a summons to attend as a witness before the commission, and whose expenses, as provided in subsection (5) hereof, have been paid or tendered to him, fails to attend in obedience to such summons, and fails to give a reasonable excuse for his non-attendance, the chairman, upon proof that such person has been duly served with such summons and that such expenses have been paid or tendered to him may issue a warrant in the form or to the effect of Schedule 2 to bring such person before the commission to give evidence. The provisions of subsection (2) of this section shall apply to any such warrant.

        (4)         Where any person has on any day done or omitted to do something and his act amounts to an offence against any of the provisions of subsection (1) hereof, and also does or omits to do the same thing on some other day, each such act or omission shall be a separate offence, and shall be punishable accordingly under the provisions of this section.

        (5)         Every person required by the commission to attend before it shall be allowed such expenses as would be allowed to a witness attending on subpoena before the Supreme Court, and in case of dispute as to the amount to be allowed the same shall be referred to the Master of the Supreme Court, who, on request under the hand of the chairman, shall ascertain and certify the proper amount of such expenses.



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