Victorian Current Acts

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Witness summons

    (1)     The principal registrar—

        (a)     may; and

        (b)     if directed by the Tribunal, must—

issue a summons to a person to attend the Tribunal to give evidence and produce any documents that are referred to in the summons [5] .

    (2)     A summons may be issued, or a direction given, under subsection (1) at the request of a party or on the principal registrar's or Tribunal's own initiative.

    (3)     The Tribunal's power to make a direction under subsection (1)(b) in a proceeding is exercisable by a presidential member or the presiding member.

S. 104(3A) inserted by No. 11/2021 s. 59.

    (3A)     A person who receives a summons to produce documents may produce the documents by filing them with the Tribunal by electronic communication or by post.

S. 104(3B) inserted by No. 11/2021 s. 59.

    (3B)     A person who receives a summons to physically attend the Tribunal under subsection (1) may instead appear before the Tribunal by audio link or audio visual link.

    (4)     A person who attends in answer to a summons is entitled to be paid the prescribed fees and allowances or, if no fees and allowances are prescribed, the fees and allowances (if any) determined by the Tribunal.

    (5)     The fees and allowances are to be paid—

        (a)     if the person was summoned at the request of a party, by that party; or

        (b)     if the person was summoned on the initiative of the Tribunal, by the parties in the proportion determined by the Tribunal.

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