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Independent Broad-based Anti-corruption Commission Act 2011
129Specific provisions relating to witnesses
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129 Specific provisions relating to witnesses
(1) At any time during an examination, if the IBAC becomes aware that a witness is under the age of 16 years, the IBAC must immediately release the person from compliance with any witness summons applying to that person.
(2) If a witness does not have knowledge of the English language that is sufficient to enable the witness to understand questions asked of him or her or to answer those questions, before the examination commences, or during the examination, as the case requires, the IBAC must provide for a competent interpreter to be present for the examination.
(3) If a witness is under the age of 18 years, the witness must be accompanied by a parent or guardian or an independent person.
(4) The IBAC must direct that an independent person be present during the examination of a witness if—
(a) the IBAC believes the witness has a mental impairment; or
(b) the witness provides the IBAC with reasonably satisfactory medical evidence that the witness has a mental impairment.
S. 129(5) inserted by No. 11/2021 s. 135.
(5) For the purposes of this section, the following persons may be present at an examination, in the capacity specified in this section, by means of audio visual link or audio link—
(a) an interpreter;
(b) a parent or guardian;
(c) an independent person.
S. 129A inserted by No. 30/2016 s. 34.