New South Wales Consolidated Acts

ARCHITECTS ACT 2003 - SECT 42

42 Power to summon witnesses and take evidence

(1) For the purposes of investigating or determining a complaint, the President or Deputy President may summon a person to appear before it to give evidence and to produce such documents (if any) as may be referred to in the summons.

(2) The person presiding at a meeting of the Board concerning a complaint may require a person appearing before the Board in respect of the investigation or determination of a complaint to produce a document.

(3) The Board may, in proceedings before it in respect of a complaint, take evidence on oath or affirmation and, for that purpose, a member of the Board:

(a) may require a person appearing in the proceedings to give evidence either to take an oath or to make an affirmation in a form approved by the person presiding, and

(b) may administer an oath to or take an affirmation from a person so appearing in the proceedings.

(4) A person served with a summons to appear in any such proceedings and to give evidence must not, without reasonable excuse:

(a) fail to attend as required by the summons, or

(b) fail to attend from day to day unless excused, or released from further attendance, by the Board.

Maximum penalty: 20 penalty units.

(5) A person appearing in proceedings before the Board in respect of a complaint to give evidence must not, without reasonable excuse:

(a) when required to be sworn or to affirm-fail to comply with the requirement, or

(b) fail to answer a question that the person is required to answer by the person presiding, or

(c) fail to produce a document that the person is required to produce by this section.

Maximum penalty: 20 penalty units.

(6) In this section, a reference to a person presiding at a meeting of the Board includes a reference to a person presiding at a meeting of a committee established under section 62 exercising functions in relation to a complaint.