South Australian Current Acts

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11A—Issuing of summons or warrant by magistrate

        (1)         Without limiting the effect of any other provisions of this Act, a magistrate may, on application by the commission or a person appointed by the commission—

            (a)         if satisfied that there are reasonable grounds to believe that a person has knowledge of matters, or possession or control of books, papers, documents or records, relevant to the inquiry, issue a summons requiring the person to appear before the commission and answer questions or produce the books, papers, documents or records;

            (b)         if satisfied that a person has been served with such a summons and paid or tendered the person's expenses as provided in section 11(5) but has failed (without reasonable excuse) to appear or produce books, papers, documents or records in obedience to the summons, issue a warrant directed to all members of the police force for the person to be apprehended and brought before the commission.

        (2)         The grounds of an application for a summons or warrant must be verified by affidavit.

        (3)         A person who has disobeyed a summons and is brought before the commission in pursuance of a warrant issued under this section may be committed to gaol or otherwise dealt with in accordance with section 11.

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