Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 19

Power to summon witnesses and take evidence

19. Power to summon witnesses and take evidence



(1) An examiner may summon a person to appear before the examiner at an
examination to give evidence and to produce such documents or other things (if
any) as are referred to in the summons.

(2) Before issuing a summons under subsection (1), the examiner must be
satisfied that it is reasonable in all the circumstances to do so. The
examiner must also record in writing the reasons for the issue of the summons.

(3) A summons under subsection (1) requiring a person to appear before an
examiner at an examination must be accompanied by a copy of the determination
of the Board that the State ACC intelligence operation is a special operation
or that the State ACC investigation is a special investigation.

(4) A summons under subsection (1) requiring a person to appear before an
examiner at an examination must, unless the examiner issuing the summons is
satisfied that, in the particular circumstances of the special ACC
operation/investigation to which the examination relates, it would prejudice
the effectiveness of the special ACC operation/investigation for the summons
to do so, set out, so far as is reasonably practicable, the general nature of
the matters in relation to which the examiner intends to question the person,
but nothing in this subsection prevents the examiner from questioning the
person in relation to any matter that relates to a special ACC
operation/investigation.

(5) The examiner who is holding an examination may require a person appearing
at the examination to produce a document or other thing.

(6) An examiner may, at an examination, take evidence on oath or affirmation
and for that purpose-

   (a)  the examiner may require a person appearing at the examination to give
        evidence either to take an oath or to make an affirmation in a form
        approved by the examiner; and

   (b)  the examiner, or a person who is an authorised person in relation to
        the ACC, may administer an oath or affirmation to a person so
        appearing at the examination.

(7) In this section, a reference to a person who is an authorised person in
relation to the ACC is a reference to a person authorised in writing, or a
person included in a class of persons authorised in writing, for the purposes
of this section by the CEO.

(8) The powers conferred by this section are not exercisable except for the
purposes of a special ACC operation/investigation.