101Evidence

### 101 Evidence > > (1)  If the Commission considers that there is evidence, or there are documents, that – > > > > > > (a) is or are in the possession of a party to proceedings; and > > > > > > > (b) may be relevant to the proceedings – > > > > the Commission may, by notice to a party, require the party to lodge with the Commission the evidence, or a copy of each document, within the time specified in the notice. > > > (2)  [Subsection (1)](#GS101@Gs1@EN) applies despite the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) and any rule of law relating to privilege or the public interest in relation to the production of documents. > > > (3)  The Commission may issue a notice requiring a person to attend before the Commission to give evidence and produce documents, if any, that are referred to in the notice, if the Commission considers that it is necessary or desirable to do so for the purposes of assisting the Commission to make a determination in relation to an application. > > > (4)  The Commission must allow a party to proceedings a reasonable opportunity – > > > > > > (a) to call or give evidence in any hearings that may be held; and > > > > > > > (b) to examine, cross-examine or re-examine witnesses in any hearings that may be held; and > > > > > > > (c) to make submissions to the Commission, which may be, at the discretion of the Commission, oral or in writing. > > > (5)  Despite [subsection (4)](#GS101@Gs4@EN) , the Commission may refuse to allow a party to proceedings to call evidence on a matter if the Commission considers that there is already sufficient evidence of that matter before the Commission. > > > (6)  Evidence in proceedings may be given orally or in writing and, if the Commission requires, must be given on oath or by affidavit. > > > (7)  The Commission may administer or cause to be administered an oath, or take or cause to be taken an affirmation, for the purpose of taking and receiving evidence during proceedings. > > > (8)  The Commission may call in the assistance of an expert to advise the Commission in respect of any matter arising in a proceeding.