CRIME AND CORRUPTION ACT 2001 - SECT 82
Notice to attend hearing—general
CRIME AND CORRUPTION ACT 2001 - SECT 82
Notice to attend hearing—general
82 Notice to attend hearing—general
(1) The chairperson may issue a notice (
"attendance notice" ) requiring a person to attend at a commission hearing at
a stated time and place for 1 or more of the following purposes until
excused—
(a) for a hearing in relation to a crime investigation or
corruption investigation—
(i) to give evidence; or
(ii) to produce a stated
document or thing; or
(iii) to establish a reasonable excuse or claim of
privilege under section 72or 74;
(b) for a witness protection function
hearing—to establish the reasonable excuse or claim of privilege the subject
of the hearing;
(ii) without specifying which, a crime
investigation or the witness protection function; or
(iii) a corruption
investigation; or
(iv) the intelligence function; and
(b) so far as
reasonably practicable, the general nature of the matters about which the
person may be questioned at the commission hearing.
(3) A person does not, by
giving evidence or producing a stated document or thing at a hearing in
compliance with an attendance notice—
(a) contravene a provision of an Act
or a law imposing a statutory or commercial obligation or restriction to
maintain secrecy in relation to the evidence, document or thing; or
(b) incur
any civil liability in relation to the evidence, document or thing.
(4) A
failure to comply with subsection (2) (b) does not prevent the commission from
questioning the person about—
(a) for an attendance notice issued in the
context of a crime investigation or corruption investigation—any matter that
relates to an investigation; or
(b) for an attendance notice issued in the
context of a witness protection function hearing—any matter that relates to
the matter for which the attendance notice was issued; or
(c) for an
attendance notice issued in the context of an intelligence function
hearing—any matter that relates to the matter for which the
attendance notice was issued.
(a) fail, without reasonable excuse, to attend as required by the
notice; or
(b) fail, without reasonable excuse, to continue to attend as
required by the presiding officer until excused from further attendance.
Penalty—
Maximum penalty—200 penalty units or 5 years imprisonment.
(6) If the commission hearing is being held under an authorisation under
section 55D, the chairperson may issue an attendance notice requiring a
person to attend immediately at the commission hearing at a stated place.
(7)
This section, other than subsection (6) , is subject to section 85.