35Power to summon witnesses and take evidence

#### 35 Power to summon witnesses and take evidence 35 Power to summon witnesses and take evidence > > (1) A Commissioner may summon a person to appear before the Commission at a compulsory examination or public inquiry at a time and place named in the summons (the required appearance)— > > > > > (a) to give evidence, or > > > > > (b) to produce such documents or other things (if any) as are referred to in the summons, > > > > or both. > > > (2) The person presiding at a compulsory examination or public inquiry before the Commission may require a person appearing at the compulsory examination or public inquiry to produce a document or other thing. > > > (3) The Commission may, at a compulsory examination or public inquiry, take evidence on oath or affirmation and for that purpose— > > > > > (a) the person presiding at the compulsory examination or public inquiry may require a person appearing at the compulsory examination or public inquiry to give evidence either to take an oath or to make an affirmation in a form approved by the person presiding, and > > > > > (b) the person presiding, or a person authorised for the purpose by the person presiding, may administer an oath or affirmation to a person so appearing at the compulsory examination or public inquiry. > > > (4) A witness who has been summoned to appear before the Commission shall appear and report himself or herself from day to day unless the witness is excused from appearance or until the witness is released from further appearance by the person presiding at the compulsory examination or public inquiry. > > > (4A) A Commissioner may, by notice in writing, excuse a person who has been summoned to appear before the Commission and produce documents or other things from the required appearance on condition that the person (or a person acting on the person’s behalf) produces those documents or things in accordance with any directions given by the Commissioner before the time of the required appearance. > > > (5) A person who, without being excused or released under subsection (4) or (4A), fails to appear and report shall be taken to have failed to appear before the Commission in obedience to the summons. > > > (5A) A person who, after being excused under subsection (4A) from the required appearance, fails to produce the documents or things concerned in accordance with the Commissioner’s directions is taken to have failed to appear before the Commission in obedience to the summons. > > > (6) A Judge may, on the application of a Commissioner, issue any summons that the Commissioner is authorised to issue under this section. > > > (7) The purpose of subsection (6) is to enable the summons to be given the character of a summons issued by a judicial officer, for the purposes of the [Service and Execution of Process Act 1901](http://www.legislation.gov.au/) of the Commonwealth and any other relevant law. > > **s 35:** Am 1990 No 80, Sch 1 (5); 2005 No 10, Sch 1 \[20\]; 2011 No 36, Sch 1 \[3\]–\[7\]; 2016 No 65, Sch 1 \[3\]; 2017 No 22, Sch 2.20; 2025 No 61, Sch 2.51\[3\].