Powers of Tribunal
84 Powers of Tribunal
For the purposes of an inquiry under this Part, the Tribunal may—
by summons signed on behalf of the Tribunal by a member of the
Tribunal, require the attendance before the Tribunal of any person (including a party to the proceedings) whom the Tribunal thinks fit to call before it;
or
by summons signed on behalf of the Tribunal by a member of the
Tribunal, require the production of documents; or
inspect any documents produced before it, and retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents; or
require any person to make an oath or affirmation to truly answer all questions put by the Tribunal, or by any person appearing before the
Tribunal, relevant to any matter being inquired into by the Tribunal (which oath or affirmation may be administered by any member of the Tribunal);
or
require any person appearing before the Tribunal (whether summoned to appear or not) to answer any relevant question put by any member of the
Tribunal, or by any other person appearing before the Tribunal;
or
require any person appearing before the Tribunal (whether summoned to appear or not) to prepare a document (including an itemised bill (within the meaning of Schedule
3)) as reasonably directed by the Tribunal, or to comply with any other reasonable direction issued by the Tribunal in furtherance of the inquiry.
A summons may be issued under subsection (1) on the application of a party to proceedings before the Tribunal, notwithstanding that the Tribunal has not met to authorise the issue of the summons.
If a person—
who has been served with a summons to attend before the Tribunal, neglects or fails without reasonable excuse to attend in obedience to the summons; or
who has been served with a summons to produce any documents neglects or fails without reasonable excuse to comply with the summons;
or
misbehaves before the Tribunal, wilfully insults the Tribunal or any member of the Tribunal, or interrupts the proceedings of the Tribunal;
or
refuses to be sworn or to affirm or to answer any relevant question when required to do so by the Tribunal; or
neglects or fails without reasonable excuse to comply with any other reasonable requirement of the Tribunal, the person is guilty of an offence. Maximum penalty: $10 000.
If a person summoned as mentioned in subsection (1) refuses or fails to attend before the
Tribunal as required by the summons, or having attended refuses to be sworn or to affirm, or to answer any relevant question when required to do so by the
Tribunal, a certificate of the refusal or failure, signed by a member of the
Tribunal, may be filed in the Supreme Court.
Where a certificate has been filed under subsection (4), a party requiring the attendance of the person may apply to the Supreme Court for an order directing that person to attend, or to be sworn or to affirm, or to answer questions (as the case may require), and on that application the Court may make such orders as it thinks fit (including orders for costs).
The Court may require that notice be given of an application under subsection (5) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).
In the course of an inquiry, the Tribunal may—
receive in evidence a transcript of evidence taken in proceedings before a court or tribunal of any State or the Commonwealth (and any exhibits referred to in such a transcript), and draw any conclusions of fact from the evidence that it considers proper;
adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court or tribunal that may be relevant to the proceedings.
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