Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In the exercise of
its powers and functions under this Act, the Board may —
(a) by
summons signed on behalf of the Board by the Registrar, require the attendance
before the Board of any person;
(b) by
summons signed on behalf of the Board by the Registrar, require the production
of any books, papers, or documents;
(c)
inspect any books, papers, or documents produced before it, and retain them
for such reasonable period as it thinks fit, and make copies of any of them,
or of any of their contents;
(d)
require any person to make oath or affirmation that he will truly answer all
questions put to him by the Board relating to any matter being inquired into
by the Board (which oath or affirmation may be administered by a member of the
Board or any officer of the Board); and
(e)
require any person appearing before the Board (whether he has been summoned to
appear or not) to answer any relevant questions put to him by the Board, or by
any other person appearing before the Board.
(2) Subject to
subsection (3), if any person —
(a) who
has been served with a summons to attend before the Board fails without
reasonable excuse (proof of which shall lie upon him) to attend in obedience
to the summons;
(b) who
has been served with a summons to produce any books, papers, or documents,
fails without reasonable excuse (proof of which shall lie upon him) to comply
with the summons;
(c)
misbehaves himself before the Board, wilfully insults the Board, or interrupts
the proceedings of the Board; or
(d)
refuses to be sworn or to affirm, or to answer any relevant question, when
required to do so by the Board,
he is guilty of an
offence and liable to a penalty not exceeding $5 000.
(3) A person shall not
be obliged to answer a question put to him under this section if the answer to
that question would tend to incriminate him, or to produce any books, papers
or documents if their contents would tend to incriminate him.
(4) In the course of
any proceedings, the Board may —
(a)
receive in evidence any transcript of evidence in proceedings before a court
and draw any conclusions of fact therefrom that it considers proper; or
(b)
adopt, as in its discretion it considers proper, any findings, decision, or
judgment of a court that may be relevant to the proceedings.
(5) In any proceedings
the Board shall act according to equity, good conscience, and the substantial
merits of the case without regard to technicalities and legal forms and it
shall not be bound by the rules of evidence, but may inform itself on any
matter in such manner as it thinks fit.
[Section 20 amended by No. 43 of 1994
s. 11; No. 55 of 2004 s. 1004(2).]