New South Wales Repealed Acts

This legislation has been repealed.

PROTECTED ESTATES ACT 1983 - SECT 9

9 Power to take evidence

(1) The Protective Commissioner may, in the exercise of the functions of the Protective Commissioner and in the prosecution of any inquiry or matter which the Protective Commissioner is directed to make under this Act:

(a) issue a subpoena in or to the effect of the form prescribed by rules of Court requiring the person to whom the subpoena is addressed to do either or both of the following things:

(i) to attend to give evidence before the Protective Commissioner at the time and place specified in the subpoena,

(ii) so to attend and produce to the Protective Commissioner any books, papers, accounts, documents or other records in the possession or under the control of the person and specified in the subpoena,

(b) administer oaths and take evidence, either orally or by affidavit or partly orally and partly by affidavit.

(2) For the purposes of subsection (1), a subpoena is issued by the Protective Commissioner if it is signed by the Protective Commissioner or the Deputy Protective Commissioner.

(3) Rules of Court may make provision for or with respect to authorising compliance with a subpoena to produce any books, papers, accounts, documents or other records by the production of any such records at a place specified in the subpoena at any time before the time at which the records are required to be produced.

(4) A person to whom a subpoena is addressed is entitled to receive:

(a) where the subpoena was issued by the Protective Commissioner of the Protective Commissioner’s own motion, from the Protective Commissioner, or

(b) where the subpoena was issued by the Protective Commissioner on the application of a person, from the person,

his or her reasonable costs, including any loss of earnings, incurred by the person in obeying the subpoena, calculated in accordance with the scale prescribed by rules of Court.

(5) A person:

(a) who is served with a subpoena addressed to the person pursuant to subsection (1), and

(b) to whom, at the time of service, is tendered an amount that is sufficient to cover the person’s travelling and other out-of-pocket expenses in attending in accordance with the subpoena and producing anything required by the subpoena to be produced,

shall not, without reasonable cause, fail or refuse to obey the subpoena or, if required by the subpoena to attend to give evidence, to refuse to be sworn or examined.

Maximum penalty: 5 penalty units.