Western Australian Consolidated Acts Western Australian Consolidated Acts (1) With respect to
evidence in proceedings before the Commission —
(a) the
Registrar shall, on the application of any party, or by direction of the
Commission, issue a summons in the prescribed form to any person to appear and
give evidence before the Commission and the summons may require that person to
produce before the Commission any books, papers, or other documents in his
possession, or under his control, in any way relating to the proceedings;
(b) a
person who attends the Commission in accordance with such summons shall be
entitled to receive from the party at whose instance he was summoned an
allowance for expenses as determined by the Commission;
(c)
subject to subsection (2), a person duly served with such summons, shall
not without good cause, proof of which is on him, fail to attend or to duly
produce any book, paper, or document as required or refuse to be sworn as a
witness or to answer any question which he is required by the Commission to
answer;
(d) the
Commission may, whenever it shall appear just or convenient so to do, make any
order for the examination upon oath or otherwise before the Commission or any
officer of the Commission, or any other person, and at any place of any
witness or person, and may empower any party to give the deposition of such
witness or person in evidence on such terms, if any, as the Commission may
direct; and
(e) the
Commission shall take evidence on oath or affirmation.
(2) Where a summons is
issued to, and duly served on, a person to appear and give evidence before the
Commission, the person may make application to the Commission for cause to be
shown for him to so appear and, if on the hearing of the application such
cause is not shown, he is not required to so appear.
(3) Evidence relating
to any trade secret, or to the profits or financial position of any witness or
party, shall not be disclosed except to the Commission, or published without
the consent of the person entitled to the trade secret or non-disclosure.
(4) The evidence
referred to in subsection (3) shall, if the witness or party so requests,
be taken in private.
(5) All books, papers,
and other documents produced in evidence before the Commission may be
inspected by the Commission and also by such of the parties as the Commission
allows, but the information obtained therefrom shall not be made public
without the permission of the Commission, and such parts of the documents as
in the opinion of the Commission do not relate to the matter at issue may be
sealed up, but such books, papers, and documents relating to any trade secret
or to the profits or financial position of any witness or party shall not,
without the consent of that witness or party, be inspected by any party.
(6)
Subsection (1)(a), (b), and (c) do not apply to or in relation to a
summons issued pursuant to section 44.
[Section 33 amended by No. 121 of 1982
s. 13; No. 94 of 1984 s. 22 and 65.]