34Power to require person to attend for examination

34 Power to require person to attend for examination (1) For an investigation, the ICAC may require a person to attend the ICAC for examination.

Independent Commissioner Against Corruption Act 2017 32 (2) The person must be given a written notice: (a) requiring the person to attend for examination at a specified time and place; and (b) comprehensively stating the nature of the matters about which the person is to be questioned, except to the extent the ICAC considers on reasonable grounds doing so would: (i) be likely to prejudice the conduct of the investigation; or (ii) be contrary to the public interest; and (c) if the person is under investigation – stating that fact. (3) The notice may require the person to bring and produce to the ICAC specified items, or items of a specified kind, in the person's possession or control relevant to the investigation. (4) The ICAC may require a witness at an examination to do one or more of the following: (a) take an oath to answer all questions truthfully; (b) answer a question relevant to the investigation asked by the ICAC or by another person present at the examination; (c) produce at the examination any items in the possession or control of the witness relevant to the investigation. (5) If the ICAC gives a person a written notice under subsection (2) to attend the ICAC for examination but, in reliance on subsection (2)(b), does not comprehensively state the nature of the matters about which the person is to be questioned, the ICAC must within 3 days after the notice is given: (a) give the Inspector a copy of the notice; and (b) inform the Inspector of the reasonable grounds that form the basis of the ICAC's belief under that subsection. comprehensively stating means stating the following in relation to the matter or matters about which the person is to be questioned: (a) the factual topics to be addressed; (b) any applicable dates that are known to the ICAC;

Independent Commissioner Against Corruption Act 2017 33 (c) the role the ICAC understands the person played in respect of the factual topics referred to in paragraph (a). Note for section 34 Section 149 creates an offence for contravening a requirement under this section.