69Power to summon witnesses and take evidence

#### 69 Power to summon witnesses and take evidence 69 Power to summon witnesses and take evidence > > (1) An examining Commissioner may issue a summons to compel a person to appear before the examining Commissioner at an examination at a time and place named in the summons— > > > > > (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 examining Commissioner may require a person appearing at the examination to produce a document or other thing. > > > (3) The examining Commissioner may, at a hearing, take evidence on oath or affirmation and for that purpose— > > > > > (a) the examining Commissioner may require a person appearing at the examination to give evidence either to take an oath or make an affirmation in a form approved by the examining Commissioner, and > > > > > (b) the examining Commissioner, or a person authorised for the purpose by the examining Commissioner, may administer an oath or affirmation to a person so appearing at the hearing. > > > (4) A witness who has been summoned to attend before an examining Commissioner must appear and report himself or herself from day to day unless the witness is excused from attendance or until the witness is released from further attendance by the examining Commissioner. > > > (5) A person who, without being so excused or released, fails to appear and report is taken to have failed to appear before the examining Commissioner in obedience to the summons. > > > (6) A Judge, including a Judge of the Local Court, may, on the application of the Commission, issue any summons that the examining 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 by a judicial officer, for the purposes of the [Service and Execution of Process Act 1992](http://www.legislation.gov.au/) of the Commonwealth and any other relevant law. > > **s 69:** Am 2025 No 61, Sch 2.57\[3\].