Powers of Commission to gather evidence
79X Powers of Commission to gather evidence
For the purposes of a review, the Commission may:
summon a person to appear at a hearing of the review to give evidence and to produce such documents (if any) as are referred to in the summons; and
require a person appearing at a hearing of the review for the purpose of giving evidence either to take an oath or to make an affirmation; and
administer an oath or affirmation to a person so appearing; and
adjourn a hearing of the review from time to time.
The person who applied for the review under this Division is a competent and compellable witness upon the hearing of the review.
The Commission’s power under subsection (1) to take evidence on oath or affirmation:
may be exercised on behalf of the Commission by:
the presiding member; or
by another person (whether a member or not) authorised by the presiding member; and
may be exercised within or outside Australia; and
must be exercised subject to any limitations specified by the Commission.
If a person is authorised under subparagraph (3)(a)(ii) to take evidence for the purposes of a review, the person has all the powers of the Commission under subsection (1) for the purposes of taking that evidence.
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