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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 165 Power to require persons to appear and give evidence etc.

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 165

Power to require persons to appear and give evidence etc.

  (1)   At or prior to a hearing of a Financial Services and Credit Panel in relation to a proposed decision affecting a person (the affected person ), the Chair of the panel may, by written summons given to a person (other than the affected person):

  (a)   require the person to appear before the panel at the hearing to give evidence, to produce specified documents, or to do both; and

  (b)   require the person to attend from day to day unless excused, or released from further attendance, by the Chair.

Note 1:   The affected person does not need to appear at the hearing (see subsection   162(1)).

Note 2:   Failure to comply with a requirement made under this subsection is an offence (see subsection   170(1)).

  (2)   At a hearing of a Financial Services and Credit Panel, the panel may take evidence on oath or affirmation, and for that purpose the Chair of the panel may:

  (a)   require a person appearing at the hearing to either take an oath or make an affirmation; and

  (b)   administer an oath or affirmation to a person appearing at the hearing.

Note:   Failure to comply with a requirement made under this subsection is an offence (see subsection   170(2)).

  (3)   The oath or affirmation to be taken or made by a person for the purposes of subsection   (2) is an oath or affirmation that the evidence the person will give will be true.

  (4)   The Chair of a Financial Services and Credit Panel presiding at a hearing of the panel:

  (a)   may require a person appearing at the hearing to answer a question put to the person; and

  (b)   may require a person appearing at the hearing pursuant to a summons issued under this section to produce a document specified in the summons.

Note:   Failure to comply with a requirement made under this subsection is an offence (see subsection   170(3)).

  (5)   The Chair of a Financial Services and Credit Panel may permit a person appearing at a hearing of the panel to give evidence by tendering, and if the Chair so requires, verifying by oath or affirmation, a written statement.