CRIME COMMISSION ACT 2012 - SECT 24
Power to summon witnesses and take evidence
CRIME COMMISSION ACT 2012 - SECT 24
Power to summon witnesses and take evidence
24 Power to summon witnesses and take evidence
(1) An executive officer with special legal qualifications may summon a person
to appear before the Commission at a hearing to give evidence and to produce
such documents or other things (if any) as are referred to in the summons.
(2) The summons may require the immediate attendance of a person before the
Commission if the executive officer believes on reasonable grounds that delay
in attendance might result in--
(d)
serious prejudice to the conduct of an investigation.
(3) The summons must be
accompanied by a copy of the notice, or of each of the notices, by which the
matter or matters to which the hearing relates was or were referred to the
Commission by the Management Committee.
(4) The summons must set out, so far
as is reasonably practicable, the general nature of the matters in relation to
which the Commission intends to question the person unless the Commission is
satisfied that, in the particular circumstances of an investigation to which
the hearing relates, it would prejudice the effectiveness of the investigation
for the summons to do so.
(5) Nothing in subsection (4) prevents the
Commission from questioning the person in relation to any matter that relates
to an investigation.
(6) The executive officer presiding at a hearing before
the Commission may require a person appearing at the hearing to produce a
document or other thing (whether or not the document or thing is present at
the hearing).
(7) The Commission may, at a hearing, take evidence on oath or
affirmation and for that purpose--
(a) the person presiding at the hearing 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 person presiding, and
(b) the person presiding or an authorised person may administer an oath or
affirmation to a person so appearing at the hearing.
(8) In this section--
"authorised person" means a person authorised in writing, or a person included
in a class of persons authorised in writing, for the purposes of this section
by the Commissioner.
