Victorian Consolidated Legislation

Emerald Tourist Railway Act 1977 - SECT 36

Examination of officers

36. Examination of officers



(1) Where affairs of the Board are being investigated under this Part an
officer of the Board shall not-

   (a)  refuse or fail to comply with a requirement of an inspector under
        section 34 to the extent to which he is able to comply with it;

   (b)  in purported compliance with such a requirement knowingly furnish
        information that is false or misleading in a material particular; or

   (c)  when appearing before an inspector for examination in pursuance of
        such a requirement-

   (i)  knowingly make a statement that is false or misleading in a material
        particular; or

   (ii) refuse or fail to be sworn. Penalty: 10 penalty units.

(2) An Australian legal practitioner (within the meaning of the
Legal Profession Act 2004) acting for the officer-

   (a)  may attend the examination; and

   (b)  may, to the extent that the inspector permits-

   (i)  address the inspector; and

   (ii) examine the officer- in relation to matters in respect of which the
        inspector has questioned the officer.

(3) The officer is not excused from answering a question put to him by the
inspector on the ground that the answer might tend to incriminate him but,
where the officer claims before answering the question, that the answer might
tend to incriminate him, neither the question nor the answer is admissible in
evidence against him in criminal proceedings other than proceedings under
subsection (1) or in relation to a charge of perjury in respect of the answer.

(4) A person who complies with a requirement of an inspector under section 34
shall not incur any liability to any person by reason only of that compliance
and for the purposes of this subsection a certificate under section 34(3) is
conclusive evidence of the facts required to be stated in that certificate.

(5) A person required to attend for examination under this Part is entitled to
receive such allowances and expenses as are prescribed.