South Australian Current Acts South Australian Current Acts53—Powers of Board in relation to witnesses etc
(1) For the purposes
of proceedings before the Board (including an application for registration or
reinstatement of registration), the Board may—
(a) by
summons signed on behalf of the Board by a member of the Board or the
Registrar, require the attendance before the Board of a person whom the Board
thinks fit to call before it; or
(b) by
summons signed on behalf of the Board by a member of the Board or the
Registrar, require the production of relevant documents or records and, in the
case of a document or record that is not in the English language—
(i)
a written translation of the document or record into
English; and
(ii)
a certificate signed by a translator approved by the
Board certifying that the translation accurately reproduces in English the
contents of the document or record; or
(c)
inspect documents or records produced before it, and retain them for such
reasonable period as it thinks fit, and make copies of the documents or
records or their contents; or
(d)
require a person to make an oath or affirmation (which may be administered by
a member of the Board) to answer truthfully questions put by a member of the
Board or a person appearing before the Board; or
(e)
require a person appearing before the Board (whether summoned to appear or
not) to answer questions put by a member of the Board or by a person appearing
before the Board.
(2) On the receipt of
an application for the issue of a summons under this section, a member of the
Board or the Registrar may, without referring the matter to the Board, issue a
summons on behalf of the Board.
(3) A person
who—
(a)
fails without reasonable excuse to comply with a summons issued to attend, or
to produce documents or records before the Board; or
(b)
having been served with a summons to produce—
(i)
a written translation of the document or record into
English; and
(ii)
a certificate signed by a translator approved by the
Board certifying that the translation accurately reproduces in English the
contents of the document or record,
fails, without reasonable excuse, to comply with the summons; or
(c)
misbehaves before the Board, wilfully insults the Board or 1 or more of the
members in the exercise of the member's official duties, or wilfully
interrupts the proceedings of the Board; or
(d)
refuses to be sworn or to affirm, or refuses or fails to answer truthfully a
relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 6 months.
(4) A person who
appears as a witness before the Board has the same protection as a witness in
proceedings before the Supreme Court.