INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 124 Service of witness summons
INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 124
Service of witness summonsS. 124(1) amended by No. 11/2021 s. 133(1).
(1) Subject to subsection (2) or (2A), a witness summons must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the witness summons.
(2) The IBAC may issue a witness summons requiring immediate attendance by a person before the IBAC if the IBAC considers on reasonable grounds that a delay in the person's attendance is likely to result in—
(a) evidence being lost or destroyed; or
(b) the commission of an offence; or
(c) the escape of the person who is summoned; or
(d) serious prejudice to the conduct of the investigation to which the witness summons relates.
S. 124(2A) inserted by No. 11/2021 s. 133(2).
(2A) If a witness summons is varied by consent under section 120(1C), the 7 day period for service under subsection (1) does not apply and the summons is not required to be reissued.
S. 124(3) amended by No. 11/2021 s. 133(3)(a).
(3) A witness summons directed to a natural person must be served by serving a copy of the witness summons to the person personally or in accordance with section 191(1).
S. 124(4) substituted by No. 30/2016 s. 32, amended by No. 11/2021 s. 133(3)(b).
(4) A witness summons directed to a body corporate must be served by sending a copy of the witness summons by registered post to the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate or in accordance with section 191(2).
(5) Subsection (4) is in addition to, and not in derogation of, section 109X and 601CX of the Corporations Act.
S. 125 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)).