Commonwealth Numbered Acts

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AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION ACT 1979 No. 113 of 1979 - SECT 70

Power of Tribunal to take evidence
70. (1) For the purposes of a proceeding before the Tribunal, the Tribunal may
take evidence on oath or affirmation.

(2) For the purposes of a proceeding before the Tribunal, the Registrar or a
Deputy Registrar shall, if directed to do so by the President, or by another
member of the Tribunal who is to preside, or presides, at the hearing, or by a
person authorized under sub-section (6), summon a person to appear before the
Tribunal to give evidence and to produce such documents (if any) as are
referred to in the summons.

(3) The member who presides at the hearing of a proceeding before the
Tribunal-

   (a)  may require a person appearing before the Tribunal at that hearing to
        give evidence either to take an oath or to make an affirmation; and

   (b)  may administer an oath or affirmation to a person so appearing before
        the Tribunal.

(4) The oath or affirmation to be taken or made by a person for the purposes
of this section is an oath or affirmation that the answers he will give to
questions asked him will be true.

(5) A person summoned to appear before the Tribunal may request that he be
represented by a barrister or a solicitor and upon such a request being made
the Tribunal may allow the person to be so represented.

(6) Where the President, by reason of special circumstances, so directs and
subject to any limitations specified by him, the power of the Tribunal to take
evidence on oath or affirmation may be exercised on behalf of the Tribunal in
relation to a particular proceeding by the member who is to preside at the
hearing or by another person (whether a member or not) authorized by the
President and, if the President so directs, that power may be exercised
outside Australia.

(7) Where a person is authorized to take evidence in accordance with
sub-section (6), the person has, for the purpose of taking that evidence, all
the powers under sub-section (3) of the member who presides at the hearing of
a proceeding and references in this Part (other than Division 3) to the
Tribunal or to a member shall be read as including a person so authorized. 


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