sec.5Power to summon witness and require production of books etc.

### sec.5 Power to summon witness and require production of books etc. A chairperson may, by writing under the chairperson’s hand— summon any person to attend before the commission at a time and place named in the summons and then and there to give evidence; and require any person to produce to the commission at a specified time and place such books, documents, writings and records or property or things of whatever description in the person’s custody or control as are specified in the writing; and require any person to attend at a specified time and place to give information to, and answer questions asked by, a person authorised in writing by the chairperson; and require any person to give to the commission within a specified time and in a specified way written information verified as specified. A person served with a writing under a chairperson’s hand referred to in subsection (1) shall— comply in all respects with the summons and requirements contained in the writing; or within the prescribed period satisfy the chairperson that the person has a reasonable excuse for not complying as required by paragraph (a) ; unless the person is not a person to whom this subsection applies. Maximum penalty—200 penalty units or 1 year’s imprisonment. In subsection (2) (b) — the prescribed period means— the period specified in the writing under the chairperson’s hand within which the person served with the writing is to satisfy the chairperson as referred to in that paragraph; or if no such period is specified—at any time before the date on which that person is required to attend before the commission. Despite any provision in an Act, a chairperson’s writing made under subsection (1) takes precedence over any oath taken, affirmation made, or provision of an Act, that might provide reasonable excuse for not complying with the writing. For subsection (2A) — the obligation to act as required by the oath, affirmation or provision is not a reasonable excuse; and the person bound by the oath, affirmation or provision who complies with the chairperson’s writing— does not breach the oath or affirmation or commit an offence against the provision; and is not liable to disciplinary action. Despite any provision in an Act, a person is competent and compellable to be summoned and comply with the requirements contained in a chairperson’s writing under subsection (1) , unless the person is not a person to whom this subsection applies. Subsections (2) and (2C) apply to— a person who is served in Queensland with a writing under a chairperson’s hand, being such as is referred to in subsection (1) ; and a person who is served outside Queensland with a writing under a chairperson’s hand, being such as is referred to in subsection (1) if that person was present in Queensland or was ordinarily resident in Queensland or had an asset in Queensland, at the time the commission of inquiry was issued or at any time thereafter. The fact that a person has been served outside Queensland with a writing under a chairperson’s hand shall not constitute reasonable excuse for the purposes of subsection (2) , if that person is one to whom subsection (2) applies. s 5 sub 1987 No. 59 s 6 amd 1988 No. 58 s 5 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 34 s 5 ; 2010 No. 42 s 214 sch ; 2012 No. 17 s 13 (sec.5-ssec.1) A chairperson may, by writing under the chairperson’s hand— summon any person to attend before the commission at a time and place named in the summons and then and there to give evidence; and require any person to produce to the commission at a specified time and place such books, documents, writings and records or property or things of whatever description in the person’s custody or control as are specified in the writing; and require any person to attend at a specified time and place to give information to, and answer questions asked by, a person authorised in writing by the chairperson; and require any person to give to the commission within a specified time and in a specified way written information verified as specified. (sec.5-ssec.2) A person served with a writing under a chairperson’s hand referred to in subsection (1) shall— comply in all respects with the summons and requirements contained in the writing; or within the prescribed period satisfy the chairperson that the person has a reasonable excuse for not complying as required by paragraph (a) ; unless the person is not a person to whom this subsection applies. Maximum penalty—200 penalty units or 1 year’s imprisonment. (sec.5-ssec.2AA) In subsection (2) (b) — the prescribed period means— the period specified in the writing under the chairperson’s hand within which the person served with the writing is to satisfy the chairperson as referred to in that paragraph; or if no such period is specified—at any time before the date on which that person is required to attend before the commission. (sec.5-ssec.2A) Despite any provision in an Act, a chairperson’s writing made under subsection (1) takes precedence over any oath taken, affirmation made, or provision of an Act, that might provide reasonable excuse for not complying with the writing. (sec.5-ssec.2B) For subsection (2A) — the obligation to act as required by the oath, affirmation or provision is not a reasonable excuse; and the person bound by the oath, affirmation or provision who complies with the chairperson’s writing— does not breach the oath or affirmation or commit an offence against the provision; and is not liable to disciplinary action. (sec.5-ssec.2C) Despite any provision in an Act, a person is competent and compellable to be summoned and comply with the requirements contained in a chairperson’s writing under subsection (1) , unless the person is not a person to whom this subsection applies. (sec.5-ssec.3) Subsections (2) and (2C) apply to— a person who is served in Queensland with a writing under a chairperson’s hand, being such as is referred to in subsection (1) ; and a person who is served outside Queensland with a writing under a chairperson’s hand, being such as is referred to in subsection (1) if that person was present in Queensland or was ordinarily resident in Queensland or had an asset in Queensland, at the time the commission of inquiry was issued or at any time thereafter. (sec.5-ssec.4) The fact that a person has been served outside Queensland with a writing under a chairperson’s hand shall not constitute reasonable excuse for the purposes of subsection (2) , if that person is one to whom subsection (2) applies. - (a) summon any person to attend before the commission at a time and place named in the summons and then and there to give evidence; and - (b) require any person to produce to the commission at a specified time and place such books, documents, writings and records or property or things of whatever description in the person’s custody or control as are specified in the writing; and - (c) require any person to attend at a specified time and place to give information to, and answer questions asked by, a person authorised in writing by the chairperson; and - (d) require any person to give to the commission within a specified time and in a specified way written information verified as specified. - (a) comply in all respects with the summons and requirements contained in the writing; or - (b) within the prescribed period satisfy the chairperson that the person has a reasonable excuse for not complying as required by paragraph (a) ; - (a) the period specified in the writing under the chairperson’s hand within which the person served with the writing is to satisfy the chairperson as referred to in that paragraph; or - (b) if no such period is specified—at any time before the date on which that person is required to attend before the commission. - (a) the obligation to act as required by the oath, affirmation or provision is not a reasonable excuse; and - (b) the person bound by the oath, affirmation or provision who complies with the chairperson’s writing— (i) does not breach the oath or affirmation or commit an offence against the provision; and (ii) is not liable to disciplinary action. - (i) does not breach the oath or affirmation or commit an offence against the provision; and - (ii) is not liable to disciplinary action. - (i) does not breach the oath or affirmation or commit an offence against the provision; and - (ii) is not liable to disciplinary action. - (a) a person who is served in Queensland with a writing under a chairperson’s hand, being such as is referred to in subsection (1) ; and - (b) a person who is served outside Queensland with a writing under a chairperson’s hand, being such as is referred to in subsection (1) if that person was present in Queensland or was ordinarily resident in Queensland or had an asset in Queensland, at the time the commission of inquiry was issued or at any time thereafter.