147Power to issue examination summons

147 Power to issue examination summons (1) In carrying out an investigation, the commission may issue a summons (an examination summons) to a person, requiring the person to appear before the commission, at a stated time and place, to do 1 or more of the following: (a) give evidence at an examination; (b) produce a document or other thing to the commission. (2) However, the commission may issue an examination summons only if the commission— (a) suspects on reasonable grounds that the evidence, document or other thing may be necessary for the investigation; and (b) is satisfied that it is reasonable to do so. (3) In deciding whether it is reasonable to issue the examination summons, the commission must have regard to— (a) whether it is reasonably practicable to obtain the information in the document or other thing in another way; and (b) the evidentiary or intelligence value of the information, document or other thing sought to be obtained from the person; and (c) the age of the person and whether the person is suffering from a mental impairment; and (d) the impact the examination summons may have on the person, in particular, due to disability, health or cultural or linguistic background.

(4) The commission must not issue an examination summons to a person who is under 18 years old unless the commission considers on (a) the information, document or other thing that the person could provide may be compelling and probative evidence; and (b) it is not practicable to obtain the information, document or other thing in any other way. Note 1 It is an offence for a person to not attend, or not continue to attend, as Note 2 For how documents may be given, see the Legislation Act, pt 19.5. Note 3 Documents may be produced electronically in certain circumstances (see Electronic Transactions Act 2001). Note 4 Giving false or misleading information is an offence against the Note 5 The commission must report monthly to the inspector about examination summonses (see s 205).