Section 27C - Harness Racing Act 2009 - Compulsion orders

27CCompulsion orders

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27C Compulsion orders

(1) HRNSW may apply to the Supreme Court for an order (a compulsion order) authorising HRNSW to use the following powers (compulsion powers) on a person for the purposes of obtaining information of relevance to a special inquiry (relevant information)—

(a) the power to order the person to attend a hearing of the special inquiry on the days specified in the order,

(b) the power to order the person to provide the relevant information at a hearing,

(c) the power to order the person to otherwise provide the relevant information to the special inquiry.

(2) HRNSW may apply for the compulsion order only if it is reasonably satisfied that—

(a) the person has relevant information and the person is unwilling to provide the relevant information to the special inquiry, or

(b) the person has relevant information and exceptional circumstances exist that require a compulsion power to be used without first asking the person to voluntarily provide the relevant information.

(3) For the purposes of subsection (2)(b), exceptional circumstances include circumstances in which there is a very high likelihood that relevant information essential to the special inquiry will be lost.

(4) The Supreme Court is to decide the application for the compulsion order in the absence of the person and without conducting a hearing unless it is satisfied that the interests of justice require the person to be present.

(5) The Supreme Court is, when deciding if the interests of justice require the person to be present, to take into account—

(a) the risk that the relevant information may be lost if the person is given advance notice of the proposed exercise of compulsion powers, and

(b) any other matter the Court considers relevant.

(6) The Supreme Court is, when deciding whether to grant the compulsion order, to take into account the following—

(a) the nature of the threat to harness racing that the special inquiry is considering,

(b) the value to the special inquiry of the relevant information sought,