Procedure at inquiry
32 Procedure at inquiry
(1) The Board may, by notice in writing served on a person, summon the person to give evidence at a hearing under this Part, or to produce at the hearing documents or records in the person's possession or under his or her control.
(2) A person shall not, without reasonable excuse, refuse or fail to comply with a notice served under subsection (1).
Maximum penalty: 100 penalty units.
(3) The Board may require a person appearing before it to give evidence on oath.
(4) A person shall not, without reasonable excuse, refuse or fail to answer a question put to the person by the Board in the course of a hearing.
Maximum penalty: 100 penalty units.
The person in relation to whom an inquiry is held is entitled:
(a) to be advised at the hearing by a legal practitioner but is not entitled to legal representation; and
(b) to give evidence or call and to examine any other person who gives evidence at the hearing; and
with the leave of the Board, to summon witnesses.
(6) The Board shall not refuse leave to summon a witness to give evidence at a hearing unless that would, in its opinion, delay unreasonably the conclusion of the hearing.
The Board:
(a) shall conduct a hearing with as little formality and technicality, and with as much expedition, as a proper consideration of the matter before it permits; and
(b) is not bound by any rules or practice as to evidence, but may inform itself on a matter as it thinks fit.
(8) The Board may appoint a legal practitioner to assist it in a hearing but is not entitled to legal representation.
(9) The Board may hold a hearing in the absence of the person in relation to whom it is held if it is satisfied that he or she was served in accordance with section 31D with a notice of the time and place of the inquiry.
(10) The Board may adjourn its proceedings from time to time or from place to place, and may determine a hearing notwithstanding that a party to the proceedings has failed to appear at the time and place fixed for the hearing.
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