Western Australian Current Acts Western Australian Current Acts (1) The regulator must
not make a requirement under section 155(2)(c) unless the regulator has taken
all reasonable steps to obtain the information under section 155(2)(a) and (b)
and has been unable to do so.
(2) Before determining
the time and place for an appearance under section 155(2)(c), the person
before whom the appearance is to be made must make reasonable efforts to agree
that time and place with the person who is required to appear.
(3) An appearance
under section 155(2)(c) may be recorded in any way the person before whom the
appearance is made considers appropriate.
Note for this subsection:
An appearance may be
recorded, for example, using audio, audiovisual or other electronic means.
(4) If an appearance
is to be recorded under subsection (3), the person before whom the appearance
is to be made must, beforehand, inform the person who is required to appear
—
(a) that
the recording will be done; and
(b) of
the way in which the recording will be done.
(5) A person (the
witness ) who is required to appear under section 155(2)(c) may appear with a
legal practitioner nominated by the witness, and approved by the regulator,
for the purposes of the appearance.
(6) The regulator must
approve any legal practitioner nominated by the witness unless the regulator
—
(a) has
reasonable grounds to believe that —
(i)
the legal practitioner, or any other legal practitioner
in the legal practitioner’s firm, represents 1 or more other persons who
have an interest in the matter to which the witness’s appearance
relates; and
(ii)
for that reason, approving the legal practitioner would
undermine the purpose of the witness’s appearance;
or
(b) has
other reasonable grounds for withholding approval.