Western Australian Current Acts Western Australian Current Acts (1) In this section
—
witness means a person who is given a notice under
subsection (2).
(2) For the purposes
of conducting a hearing under this Act, an assessor, on the application of a
person who has been given notice of the hearing or on the assessor’s own
initiative, may give a person a written notice that requires him or her to
appear at the hearing and do one or both of the following —
(a) to
give oral evidence;
(b) to
produce any record that is described generally or specifically in the notice
and that is in his or her possession or control.
(3) An assessor may
administer an oath or affirmation to a witness.
(4) An assessor may
ask a witness any question.
(5) A witness commits
an offence if he or she, without a reasonable excuse, does not —
(a)
appear in accordance with a notice given to the person under subsection (2);
or
(b) take
an oath or affirmation as required by an assessor; or
(c) give
oral evidence or produce a record as required by an assessor.
Penalty: $5 000.
(6) A witness who
complies with a notice given to the witness under subsection (2) is entitled
to a reasonable amount, decided by an assessor, in respect of any expenses
incurred or earnings lost by the witness in so complying.
(7) If an amount is
paid under subsection (6) in relation to a witness at a hearing that relates
to an offence of which a person is convicted, an assessor may order the
offender to pay the State the whole or part of the amount.
(8) Section 53 applies
to an order made under subsection (7) as if the order were a compensation
reimbursement order.
[Section 63 amended: No. 5 of 2008 s. 34.]