Western Australian Consolidated Acts

CONSUMER AFFAIRS ACT 1971 - SECT 23P

23P .         Attendance of witnesses and production of documents

        (1)         For the purposes of any investigation of a question referred to it under section 23L, the Committee may, by notice in writing signed by the by Chairman or by a member of the Committee on his behalf — 

            (a)         require any person to attend at a time and place specified in the notice and to give evidence to the Committee or to a member of the Committee nominated by it for the purpose;

            (b)         require any person to produce, at a time and place specified in the notice, to the Committee or to a member of the Committee nominated by it for the purpose, any goods or documents which are specified or described in the notice and which are goods or documents in his custody or under his control and are relevant to the investigation; and

            (c)         take goods so produced, and cause to be conducted such tests and examinations with respect to them as it considers necessary for the purpose of determining whether or not they may be dangerous.

        (2)         For the purposes of any such investigation the Committee, or a member of the Committee nominated by it for the purpose, may take evidence on oath, and for that purpose may administer oaths.

        (3)         Without prejudice to the provisions of section 11 of the Evidence Act 1906 , where a person is required, pursuant to subsection (1) to — 

            (a)         give information;

            (b)         answer any question;

            (c)         produce any goods or documents relevant to the investigation,

                he shall not refuse to comply with that requirement on the ground that the information or answer to any question or production of goods or documents relating to the investigation may tend to incriminate him or render him liable to any penalty, but the information or answer given, or goods or documents produced by him, shall not be admissible in evidence in any proceedings against him, other than in proceedings for giving false testimony before the Committee or failing to give information or answer any question, or produce any goods or documents within the specified time.

        (4)         Any person who — 

            (a)         without reasonable excuse, refuses or fails to do anything required of him by a notice under subsection (1); or

            (b)         alters, suppresses or destroys any goods or document which he is required by any such notice to produce,

                commits an offence against this Act.

        Penalty: $500.

        [Section 23P inserted by No. 90 of 1978 s. 7.]