Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A member of a Commission may summon a person to appear before the Commission at a hearing to do either or both of the following:
(a) to give evidence;
(b) to produce the documents, or other things, specified in the summons.
(2) The member of a Commission presiding at a hearing of the Commission may require a person appearing at the hearing to produce a document or other thing.
(3) A Commission may, at a hearing, take evidence on oath or affirmation and for that purpose:
(a) a member of the Commission may require a person appearing at the hearing to give evidence either to take an oath or to make an affirmation in a form approved by the member of the Commission presiding at the hearing; and
(b) a member of the Commission, or a person who is an authorized person in relation to the Commission, may administer an oath or affirmation to a person so appearing at the hearing.
(3A) A member of a Commission may, by written notice served (as prescribed) on a person, require the person to produce a document or thing specified in the notice to a person, and at the time and place, specified in the notice.
(4) In this section, a reference to a person who is an authorized person in relation to a Commission is a reference to a person authorized in writing, or a person included in a class of persons authorized in writing, for the purposes of this section by the President or Chair of that Commission, or by the sole Commissioner, as the case may be.
(5) For the purposes of sections 3, 6AA and 6AB, the power of a member of a Commission under this section to require or summon a person to produce a document includes the power to require or summon the person to produce a document that is subject to legal professional privilege.
Note: Under section 6AA, legal professional privilege might still be a reasonable excuse for refusing or failing to produce the document.
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