New South Wales Consolidated Acts

PIPELINES ACT 1967 - SECT 31B

31B Evidence at inquiry

(1) A body or person conducting an inquiry or examination under section 31A may, by notice in writing served on any person, require that person:

(a) within such reasonable time as may be specified in the notice, to furnish to that body or person such information and to produce to that body or person such books, documents or other papers in the person’s possession or under the person’s control as may be required for the purpose of the inquiry or examination, as the case may be, and as may be specified in the notice, whether generally or otherwise, or

(b) to attend at a time and place specified in the notice before that body or person and thereafter from time to time as required by that body or person to give evidence concerning any matter the subject of the inquiry or examination, as the case may be, and to produce all such books, documents or other papers in the person’s possession or under the person’s control as may be required for the purpose of the inquiry or examination and as may be specified in the notice, whether generally or otherwise.

(2) A body or person conducting an inquiry or examination under section 31A may, subject to section 13 of the Oaths Act 1900 , require any evidence referred to in subsection (1) (b) to be given on oath and either in writing or orally, and for that purpose:

(a) where the inquiry or examination is being conducted by a body, the person presiding at the inquiry or examination, or

(b) where the inquiry or examination is being conducted by a person, that person,

may administer an oath.

(3) A person shall not neglect or refuse to comply with the requirements of a notice served on the person under this section.

Maximum penalty: 10 penalty units.

(4) A person shall not:

(a) furnish any information referred to in subsection (1) (a) required of the person pursuant to a notice served on the person under subsection (1) that is false or misleading in a material particular, or

(b) give any evidence referred to in subsection (1) (b) that is false or misleading in a material particular.

Maximum penalty: 10 penalty units.

(5) It is a sufficient defence to a prosecution arising under subsection (4) if the defendant proves that the defendant believed the truth of the information or evidence given by the defendant and that it was given in good faith.