Northern Territory Consolidated Acts

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BIOLOGICAL CONTROL ACT - SECT 39

Procedure at inquiries

    (1)     Subject to this section, an inquiry by a Commission shall be held in public and evidence in the inquiry shall be taken in public on oath.

    (2)     Where a Commission is satisfied that it is desirable to do so in the public interest by reason of the confidential nature of any evidence or matter or for other reason, it may:

        (a)     direct that an inquiry or a part of an inquiry shall take place in private and give directions as to the persons who may be present; or

        (b)     give directions prohibiting or restricting the publication of evidence given before it or of matters contained in documents lodged with it.

    (3)     A Commission may hold an inquiry or part of an inquiry outside the Territory.

    (4)     A Commission may, if it thinks fit, permit a person appearing as a witness before it to give evidence by tendering, and verifying by oath, a written statement.

    (5)     Where a Commission considers that the attendance of a person as a witness before it would cause serious hardship to a person, it may permit the person to give evidence by sending to it a written statement, verified in such manner as it allows.

    (6)     Where evidence is given to a Commission by a written statement in accordance with subsection (4) or (5), the Commission shall make available to the public in such manner as it thinks fit the contents of the statement other than any matter the publication of which, in the opinion of the Commission, would be contrary to the public interest by reason of its confidential nature or for any other reason.

    (7)     Subject to this section and the Regulations:

        (a)     the procedure to be followed at an inquiry by a Commission is within its discretion; and

        (b)     a Commission is not bound by the rules of evidence.



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