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s 58

Powers of Authority in relation to witnesses etc

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Part 4Pharmacy practice
Division 6Disciplinary proceedings

58 Powers of Authority in relation to witnesses etc

(1)

For the purposes of proceedings before the Authority under this

Division, the Authority may—

(a)

by summons signed on behalf of the Authority by a member of the

Authority or the General Manager, require the attendance before the

Authority of a person whom the Authority thinks fit to call before it; or

(b)

by summons signed on behalf of the Authority by a member of the

Authority or the General Manager, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language—

(i)

a written translation of the document or record into English; and

(ii)

a certificate signed by a translator approved by the Authority certifying that the translation accurately reproduces in English the contents of the document or record; or

(c)

inspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or

(d)

require a person to make an oath or affirmation (which may be administered by a member of the Authority) to answer truthfully questions put by a member of the Authority or a person appearing before the

Authority; or

(e)

require a person appearing before the Authority (whether summoned to appear or not) to answer questions put by a member of the Authority or by a person appearing before the Authority.

(2)

On the receipt of an application for the issue of a summons under this section, a member or the General Manager may, without referring the matter to the Authority, issue a summons on behalf of the Authority.

(3)

A person who—

(a)

fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Authority;

or

(b)

having been served with a summons to produce—

(i)

a written translation of the document or record into English; and

(ii)

a certificate signed by a translator approved by the Authority certifying that the translation accurately reproduces in English the contents of the document or record, fails, without reasonable excuse, to comply with the summons; or

(c)

misbehaves before the Authority, wilfully insults the Authority or 1 or more of the members in the exercise of the member's official duties, or wilfully interrupts the proceedings of the Authority; or

(d)

refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Authority, is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 6 months.

(4)

A person who appears as a witness before the Authority has the same protection as a witness in proceedings before the Supreme Court.

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