52Refusal or failure to take oath etc

#### 52 Refusal or failure to take oath etc 52 Refusal or failure to take oath etc (cf Act No 43 1983, section 12) > > (1) If, at any hearing of referred proceedings, a witness— > > > > > (a) refuses or fails to take an oath when required by the arbitrator to do so, or > > > > > (b) refuses or fails to answer a question that the witness is required by the arbitrator to answer, > > > > the arbitrator or a party to the proceedings may apply to the referring court for an order that the witness attend before the court for examination. > > > (2) Unless satisfied that there was a reasonable excuse for the refusal or failure of the witness to take the oath or answer the question, the referring court must make the order applied for. > > > (3) A court before which a witness attends and gives evidence pursuant to such an order may order the transmission to the arbitrator of the transcript of evidence. > > > (4) Any such evidence is taken to have been given at the hearing before the arbitrator. > > > (5) Failure to comply with an order under this section constitutes a contempt of the referring court, committed in the face of the court. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].