Western Australian Consolidated Acts

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POLICE ACT 1892 - SECT 33G

33G .         Witnesses at and evidence taken on appeal

        (1)         Upon the hearing of the appeal the Board may — 

            (a)         take evidence on oath or affirmation;

            (b)         admit evidence taken at any summary investigation held under the provisions of sections 23 and 24 and at which the appellant was present and had an opportunity of hearing the evidence and of giving evidence;

            (c)         admit as evidence any statement or document which in its opinion is relevant to the subject matter of the appeal.

        (2)         The Board may — 

            (a)         issue summonses under the hand of the Chairman or the secretary of the Board requiring any witnesses to attend before the Board and give evidence, or to produce to the Board any books, documents or writings in his possession or under his control, which are relevant to the subject matter of the appeal;

            (b)         require any person before the Board to take an oath or affirmation and answer questions put to him by the Board or by or on behalf of any party to the appeal.

        (3)         A person who — 

            (a)         refuses or fails to comply with any requirement of a summons issued by the Board under this section and served on him;

            (b)         refuses to take an oath or affirmation when required by the Board;

            (c)         without lawful excuse refuses to answer a question which the Board requires him to answer;

            (d)         wilfully interrupts the proceedings of the Board or in the course of the proceedings behaves offensively to the Chairman or a member,

                is guilty of an offence.

        Penalty: $100.

        (4)         In any proceedings before the Board any party to the appeal may respectively be represented by his counsel, solicitor or agent duly appointed in writing for the purpose, who may examine and cross examine witnesses and address the Board.

        [Section 33G inserted by No. 25 of 1954 s. 7; amended by No. 113 of 1965 s. 8.]



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