Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Board may, by notice in writing served on any person, summon that person to give evidence at any inquiry held under this Part or to produce documents or records in his possession or under his control at the inquiry.
(2) Any person who, without reasonable excuse, fails to comply with a summons served on him under subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.
(3) For the purposes of hearing and determining an inquiry before it, the Board may take evidence on oath or affirmation and, for those purposes, the chairman of the Board may administer an oath or affirmation.
(4) Any person who, without reasonable excuse, refuses to answer any questions put to him by the Board in the course of an inquiry held under this Part is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.
(5) The Board may join any person as a party to proceedings in an inquiry held by the Board.
(6) A party to proceedings in an inquiry held by the Board is, at that inquiry, entitled to tender evidence to the Board and to examine any other person who tenders evidence in that inquiry.
(7) A party to proceedings in an inquiry held by the Board is entitled to be represented by an Australian legal practitioner or by any other advocate or agent.
(8) A party to proceedings in an inquiry before the Board is entitled to summon, at his own expense, any witness provided that the summoning of such a witness shall not, in the opinion of the Board, cause an unreasonable delay in those proceedings.
(9) In an inquiry held by the Board –
(a) the procedure of the Board is, subject to this Part, within the discretion of the Board;
(b) the Board shall observe the rules of natural justice;
(c) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as a proper consideration of the matter before the Board permits;
(d) the Board may admit any relevant evidence notwithstanding that the evidence would not be admissible in a court of law;
(e) the Board may inform itself on any matter as it thinks fit.
(10) The Board may appoint an Australian legal practitioner to assist it in any proceedings in an inquiry under this Part.
(11) The Board may adjourn its proceedings from time to time or from place to place and may determine an inquiry notwithstanding that a party to the proceedings has failed to appear before the Board at the time and place fixed for the hearing.
(12) A decision of a majority of the members of the Board shall be a decision of the Board.
(13) The Board may make such order as to costs as it thinks necessary.
(14) The Board shall give its decision in respect of an inquiry in such manner as it may determine.
(15) The Registrar shall cause a copy of the Board's decision in respect of an inquiry to be served on each of the parties to the proceedings within 7 days of its determination of the inquiry.