South Australian Consolidated Acts South Australian Consolidated Acts (1) The Tribunal
may—
(a) by
summons signed by the Tribunal or by the registrar or deputy registrar of the
Tribunal, require the attendance before the Tribunal of any person; or
(b) by
summons signed by the Tribunal or by the registrar or deputy registrar of the
Tribunal, require the production of any books, papers or documents; or
(c)
inspect any books, papers or documents produced before the Tribunal and retain
them for such reasonable period as the Tribunal thinks fit and make copies of
any of them, or of any of their contents; or
(d)
require any person to make an oath or affirmation that he or she will truly
answer all questions put to him or her by the Tribunal, or by any person
appearing before the Tribunal, relating to the matter being heard by the
Tribunal; or
(e)
require any person appearing before the Tribunal, including a party, (whether
he or she has been summoned to appear or not) to answer any relevant questions
put to him or her by the Tribunal or by any person appearing before the
Tribunal.
(2) If any
person—
(a) who
has been served with a summons to attend before the Tribunal fails without
reasonable excuse (proof of which lies on him or her) to attend in obedience
to the summons; or
(b) who
has been served with a summons to produce any books, papers or documents fails
without reasonable excuse (proof of which lies on him or her) to comply with
the summons; or
(c)
misbehaves himself or herself before the Tribunal, wilfully insults the
Tribunal or interrupts the proceedings of the Tribunal; or
(d)
refuses to be sworn or to affirm, or to answer any relevant question, when
required to do so by the Tribunal,
he or she is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(3) A person is not
required to produce any books, papers or documents or to answer a question
under this section if the contents of the books, papers or documents or the
answer to the question might tend to incriminate him or her or, in the case of
a designated officer, to prove that he or she has been guilty of a
breach of discipline.
(4) The Tribunal may,
on being satisfied that a person has failed to appear before the Tribunal in
obedience to a summons served on him or her under this section, issue a
warrant authorising a police officer to arrest the person and bring him or her
before the Tribunal.
(5) In the course of
any proceedings, the Tribunal may—
(a)
receive in evidence any transcript of evidence in proceedings before a court
or tribunal and draw any conclusions of fact that it considers proper; or
(b)
adopt, as in its discretion it considers proper, any findings, decision, or
judgment of a court or tribunal that may be relevant to the proceedings.