South Australian Numbered Acts South Australian Numbered Acts(1) The Commissioner may exercise the following powers:
(a) by summons, require any person to attend before the Commissioner at a time and place specified in the summons;
(b) by summons, require the production of any equipment or other item, or any documents;
(c) inspect any equipment or other item, or any documents produced before the Commissioner and retain them for such reasonable period as the Commissioner thinks fit, and, in the case of documents, make copies of any of them, or of any of their contents;
(d) require any person to make oath or affirmation verifying that the person will truly answer all questions put to them by the Commissioner relating to any matter that is before the Commissioner;
(e) require any person appearing before the Commissioner to answer any relevant questions put to them by the Commissioner or by any person appearing before the Commissioner.
(2) If a person—
(a) who has been served with a summons to appear before the Commissioner, fails without reasonable excuse (proof of which lies on the person) to attend in obedience to the summons; or
(b) who has been served with a summons to produce equipment or any other items or documents, fails without reasonable excuse (proof of which lies upon the person) to comply with the summons; or
(c) misbehaves before the Commissioner, wilfully insults the Commissioner or interrupts the proceedings of the Commissioner; or
(d) refuses to be sworn or to affirm or to answer any relevant question when required to do so by the Commissioner,
the person is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(3) The Commissioner may by order, if requested to do so by a person who has been required to answer a question by the Commissioner or who has produced documents to the Commissioner, prohibit the publication by any means of—
(a) the name of the person; or
(b) any answer given by them in proceedings before the Commissioner; or
(c) the contents of any document produced by them to the Commissioner.
(4) A person who contravenes an order under subsection (3) is guilty of an offence.
Maximum penalty: $10 000.
(5) The Commissioner may conduct proceedings at any time and in any place (including a place outside this State) and may adjourn any proceedings from time to time and from place to place.
(6) In the course of any proceedings, the Commissioner may—
(a) receive in evidence any transcript of evidence in proceedings before a court or tribunal and draw any conclusions of fact from the transcript that the Commissioner thinks proper; or
(b) adopt, as the Commissioner thinks fit, any findings, decision or judgment of a court or tribunal that may be relevant to the matter before the Commissioner.
(7) The Commissioner may—
(a) conduct any proceedings by telephone or other electronic means; and
(b) allow a person to participate in any proceedings by telephone or other electronic means.