Crime and Corruption Act 2001

The chairperson may issue a notice (attendance notice) requiring a person to attend at a commission hearing at a stated time and place for 1 or more of the following purposes until excused—

for a hearing in relation to a crime investigation or corruption investigation—

to give evidence; or

to produce a stated document or thing;

for an intelligence function hearing—

to give evidence; or

to produce a stated document or thing.

Note—For a reasonable excuse for not producing the document or thing, see section 186.

An attendance notice must state—

whether it is issued in the context of—

a crime investigation; or

a corruption investigation; or

the intelligence function; and

so far as reasonably practicable, the general nature of the matters about which the person may be questioned at the commission hearing.

A person does not, by giving evidence or producing a stated document or thing at a hearing in compliance with an attendance notice—

contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the evidence, document or thing; or

incur any civil liability in relation to the evidence, document or thing.

A failure to comply with subsection (2)(b) does not prevent the commission from questioning the person about—

for an attendance notice issued in the context of a crime investigation or corruption investigation—any matter that relates to an investigation; or

for an attendance notice issued in the context of an intelligence function hearing—any matter that relates to the matter for which the attendance notice was issued.

A person given an attendance notice must not—

fail, without reasonable excuse, to attend as required by the notice; or

fail, without reasonable excuse, to continue to attend as required by the presiding officer until excused from further attendance.

Maximum penalty—200 penalty units or 5 years imprisonment.

An offence against subsection (5) is a misdemeanour.

If the commission hearing is being held under an authorisation under section 55D, the chairperson may issue an attendance notice requiring a person to attend immediately at the commission hearing at a stated place.

This section, other than subsection (7), is subject to section 85.