71Powers of Tribunal

#### 71 Powers of Tribunal (1) The Disciplinary Tribunal may, in any proceeding before it: (a) take evidence on oath or affirmation; and (b) adjourn the proceeding from time to time. (2) The Disciplinary Tribunal may, at any time during the course of any proceeding before it: (a) of its own motion; or (b) at the request of a person who is a party to the proceeding; by notice in writing signed by a member of the Tribunal or the Registrar or a Deputy Registrar, summon a person to appear before the Tribunal at the hearing of the proceeding to give evidence and to produce such documents (if any) as are referred to in the summons. (3) The Disciplinary Tribunal may, at any time during the course of any proceeding before it, refer a matter arising in the proceeding to the Commissioner for investigation, and where a matter is so referred: (a) the Commissioner shall refer the matter to the Investigation Division for investigation; (b) sections 7 and 8 apply as if the matter were a complaint referred to the Investigation Division under section 6; and (c) section 10 does not apply but, when the Investigation Division has completed the investigation, the officer in charge shall cause a report, in writing, of the results of the investigation to be prepared and given to the Commissioner, who shall furnish the report to the Disciplinary Tribunal. (4) The Disciplinary Tribunal may, at any time during the course of any proceeding before it: (a) if the Tribunal is constituted by a person who holds judicial office—direct; or (b) in any other case—recommend; that an AFP appointee be suspended from duty pending the hearing and determination of the proceeding. (5) Where the Disciplinary Tribunal gives a direction under subsection (4) that an AFP appointee be suspended from duty, the Commissioner shall suspend the appointee from duty accordingly and, where the Disciplinary Tribunal makes a recommendation under subsection (4) that an AFP appointee be suspended from duty, the Commissioner may, if he or she thinks fit, suspend the appointee from duty accordingly.