46Attendance of witnesses and production of documents

46 Attendance of witnesses and production of documents

46 Attendance of witnesses and production of documents

(1) The Commissioner—

(a) may require a person—

(i) to attend a hearing for the purpose of giving evidence, or

(ii) to produce to the Commissioner any document that is relevant to a hearing,

at a time, date and place specified in a notice served on the person, and

(b) may require a person who attends a hearing to be sworn for the purpose of giving evidence on oath, and

(c) may administer an oath to a person who attends a hearing for the purpose of giving evidence.

(2) The Commissioner may retain possession of a document produced to the Commissioner under this section for such period as the Commissioner considers necessary for the purpose of completing the hearing.

(3) A person (other than a Public Service employee) who is required to attend or to give evidence at a hearing is entitled to be paid such allowances and expenses as may be prescribed by the regulations.

(4) A person must not fail to comply with a requirement to attend a hearing, or to produce a document, to the extent to which the person is lawfully able to comply with the requirement.

Maximum penalty (subsection (4)): 50 penalty units.

s 46: Am 2017 No 42, Sch 1 [41] [48]–[50].