25Power to summon witnesses, take evidence and obtain documents or other things etc.

25 Power to summon witnesses, take evidence and obtain documents or other things etc.

(1) A member may, by notice, require a person to do any of the following: (a) to appear at a hearing of the Commission, at a specified time and place, to do either or both of the following: (i) give evidence; (ii) produce the documents or other things specified in the notice; (b) if the person is appearing as a witness at a hearing—to produce a specified document or other thing to a specified member of staff of the Commission at a specified time; (c) in any case—to produce a specified document or other thing to a specified member of staff of the Commission at a specified time and place.

Note 1: For self‑incrimination, see section 54.

Note 2: For protections for those given a notice under this section, see sections 65 and 66.

(2) The notice must: (a) be in writing; and (b) be given to the person; and (c) be, and be given, in accordance with any requirements prescribed by the regulations.

Note: Section 26 sets out additional requirements for notices.

Evidence on oath or affirmation (3) A Commission may take evidence at a hearing on oath or affirmation. For that purpose: (a) a member may require a person appearing as a witness to give evidence at the hearing to take an oath or make an affirmation in a form approved in writing by the presiding member; and (b) a member, or a person authorised in writing by the presiding member, may administer an oath or affirmation to a person appearing as a witness at the hearing. (4) A person is not entitled to give evidence to a Commission by a statement that is not verified by oath or affirmation. Exemption of Commonwealth judicial officer etc. (5) Subsections (1), (3) and (4) do not apply to a person who is: (a) a Commonwealth judicial officer; or (b) a former Commonwealth judicial officer. (6) To avoid doubt, despite subsection (5): (a) a person who is a Commonwealth judicial officer or a former Commonwealth judicial officer may elect to give evidence after taking an oath or making an affirmation in a form approved in writing by the presiding member; and (b) a member, or a person authorised in writing by the presiding member, may administer such an oath or affirmation to the person.