sec.82Notice to attend hearing—general

### sec.82 Notice to attend hearing—general The chairperson may issue a notice ( attendance notice ) requiring a person to attend at a commission hearing at a stated time and place for 1 or more of the following purposes until excused— for a hearing in relation to a crime investigation or corruption investigation— to give evidence; or to produce a stated document or thing; for an intelligence function hearing— to give evidence; or to produce a stated document or thing. For a reasonable excuse for not producing the document or thing, see section 186 . An attendance notice must state— whether it is issued in the context of— a crime investigation; or a corruption investigation; or the intelligence function; and so far as reasonably practicable, the general nature of the matters about which the person may be questioned at the commission hearing. A person does not, by giving evidence or producing a stated document or thing at a hearing in compliance with an attendance notice— contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the evidence, document or thing; or incur any civil liability in relation to the evidence, document or thing. A failure to comply with subsection (2) (b) does not prevent the commission from questioning the person about— for an attendance notice issued in the context of a crime investigation or corruption investigation—any matter that relates to an investigation; or for an attendance notice issued in the context of an intelligence function hearing—any matter that relates to the matter for which the attendance notice was issued. A person given an attendance notice must not— fail, without reasonable excuse, to attend as required by the notice; or fail, without reasonable excuse, to continue to attend as required by the presiding officer until excused from further attendance. Maximum penalty—200 penalty units or 5 years imprisonment. An offence against subsection (5) is a misdemeanour. If the commission hearing is being held under an authorisation under section 55D , the chairperson may issue an attendance notice requiring a person to attend immediately at the commission hearing at a stated place. This section, other than subsection (7) , is subject to section 85 . s 82 amd 2002 No. 68 s 283 sch 3 ; 2006 No. 41 s 7 ; 2013 No. 45 s 14 ; 2013 No. 64 s 31 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2016 No. 62 s 40 ; 2024 No. 41 s 13 (sec.82-ssec.1) The chairperson may issue a notice ( attendance notice ) requiring a person to attend at a commission hearing at a stated time and place for 1 or more of the following purposes until excused— for a hearing in relation to a crime investigation or corruption investigation— to give evidence; or to produce a stated document or thing; for an intelligence function hearing— to give evidence; or to produce a stated document or thing. For a reasonable excuse for not producing the document or thing, see section 186 . (sec.82-ssec.2) An attendance notice must state— whether it is issued in the context of— a crime investigation; or a corruption investigation; or the intelligence function; and so far as reasonably practicable, the general nature of the matters about which the person may be questioned at the commission hearing. (sec.82-ssec.3) A person does not, by giving evidence or producing a stated document or thing at a hearing in compliance with an attendance notice— contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the evidence, document or thing; or incur any civil liability in relation to the evidence, document or thing. (sec.82-ssec.4) A failure to comply with subsection (2) (b) does not prevent the commission from questioning the person about— for an attendance notice issued in the context of a crime investigation or corruption investigation—any matter that relates to an investigation; or for an attendance notice issued in the context of an intelligence function hearing—any matter that relates to the matter for which the attendance notice was issued. (sec.82-ssec.5) A person given an attendance notice must not— fail, without reasonable excuse, to attend as required by the notice; or fail, without reasonable excuse, to continue to attend as required by the presiding officer until excused from further attendance. Maximum penalty—200 penalty units or 5 years imprisonment. (sec.82-ssec.6) An offence against subsection (5) is a misdemeanour. (sec.82-ssec.7) If the commission hearing is being held under an authorisation under section 55D , the chairperson may issue an attendance notice requiring a person to attend immediately at the commission hearing at a stated place. (sec.82-ssec.8) This section, other than subsection (7) , is subject to section 85 . - (a) for a hearing in relation to a crime investigation or corruption investigation— (i) to give evidence; or (ii) to produce a stated document or thing; - (i) to give evidence; or - (ii) to produce a stated document or thing; - (b) for an intelligence function hearing— (i) to give evidence; or (ii) to produce a stated document or thing. - (i) to give evidence; or - (ii) to produce a stated document or thing. - (i) to give evidence; or - (ii) to produce a stated document or thing; - (i) to give evidence; or - (ii) to produce a stated document or thing. - (a) whether it is issued in the context of— (i) a crime investigation; or (ii) a corruption investigation; or (iii) the intelligence function; and - (i) a crime investigation; or - (ii) a corruption investigation; or - (iii) the intelligence function; and - (b) so far as reasonably practicable, the general nature of the matters about which the person may be questioned at the commission hearing. - (i) a crime investigation; or - (ii) a corruption investigation; or - (iii) the intelligence function; and - (a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the evidence, document or thing; or - (b) incur any civil liability in relation to the evidence, document or thing. - (a) for an attendance notice issued in the context of a crime investigation or corruption investigation—any matter that relates to an investigation; or - (b) for an attendance notice issued in the context of an intelligence function hearing—any matter that relates to the matter for which the attendance notice was issued. - (a) fail, without reasonable excuse, to attend as required by the notice; or - (b) fail, without reasonable excuse, to continue to attend as required by the presiding officer until excused from further attendance.