Variation or revocation of witness summons
18B Variation or revocation of witness summons
A person on whom a witness summons is served may make a claim to the Ombudsman—
that the person has a reasonable excuse for failing to comply with the witness summons; or
in the case of a witness summons to produce a document or other thing—that the document or other thing specified in the witness summons is not relevant to the subject matter of the investigation.
Without limiting subsection (1)(a), it is a reasonable excuse for a natural person to fail to comply with a witness summons by refusing to give information to the Ombudsman if the information might tend to incriminate the person or make the person liable to a penalty in relation to—
a proceeding for an offence with which the person has been charged and that has not been finally disposed of; or
a proceeding for the imposition or recovery of a penalty that has been commenced against the person but not finally disposed of.
Without limiting subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a witness summons if the person provides proof of age to the Ombudsman in accordance with section 18E(2).
If the Ombudsman is satisfied that the person's claim is made out, the Ombudsman, by further written notice served on the person, may vary or revoke the witness summons.
The Ombudsman, by further written notice served on a person, may at any time on the Ombudsman's own initiative vary or revoke a witness summons served on the person.
A notice varying or revoking a witness summons must be served in accordance with section 18A.
S. 18C inserted by No. 82/2012 s. 234, amended by Nos 85/2012 s. 155, 2/2019 s. 79(Sch. 1 Pt C item 18), substituted by No. 2/2019 s. 163.
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