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s 26

Inspection and retention of documents

In force
Part 4Proceedings of commissions
Division 4.2Evidence

26 Inspection and retention of documents

(1)

A commission, a commissioner, a member of the staff of a commission or an authorised person may—

(a)

inspect a document or other thing produced before, or delivered to, the commission; and

(b)

retain possession of the document or thing for such period as is necessary for the purposes of the inquiry to which the document or thing relates; and

(c)

for a document produced before, or delivered to, the commission—make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the inquiry.

(2)

Where a document is retained under subsection (1) (b)—

(a)

the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a commissioner to be a true copy and the certified copy must be received in all courts as evidence as if it were the original; and

(b)

until the certified copy is supplied, the commission must, at such times and places as it considers appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

(3)

Where the retention of a document or other thing by a commission ceases to be necessary for the purposes of an inquiry, the commission must, if a person who appears to the commission to be entitled to the document or thing so requests, cause the document or thing to be delivered to the person.

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