83Integrity Commissioner may summon person

#### 83 Integrity Commissioner may summon person (1) The Integrity Commissioner may summon a person to attend a hearing at a time and place specified in the summons to do either or both of the following: (a) give evidence; (b) produce any documents or other things referred to in the summons; if the Integrity Commissioner has reasonable grounds to suspect that the evidence, documents or things: (c) in all cases—will be relevant to the investigation of a corruption issue or the conduct of a public inquiry; and (d) in the case of a post‑charge, or post‑confiscation, summons—are necessary for the purposes of that investigation or public inquiry even though: (i) the person has been charged or the confiscation proceeding has commenced; or (ii) that charge or proceeding is imminent. > Note 1: Disclosing the existence of a summons, or any information about it, may be an offence: see section 92. > Note 2: Failure to comply with a summons is an offence: see section 93. > Note 3: See also subsection 150(3) in relation to section 149 certified information. > Note 4: A person may apply for legal and financial assistance in respect of his or her attendance: see section 103. (2) A summons must: (a) be in writing and signed by the Integrity Commissioner; and (b) be served on the person required to attend a hearing. The Integrity Commissioner must record in writing the reasons for the summons. The record must be made at or before the time the summons is issued. (2A) The matters in relation to which the Integrity Commissioner may require the person to give evidence, or produce documents or things, at the hearing may include: (a) the subject matter of any charge, or imminent charge, against the person; and (b) the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the person. (3) If the hearing is held for the purpose of investigating a corruption issue, a summons requiring a person to give evidence must set out, so far as is reasonably practicable, the general nature of the matters in relation to which the Integrity Commissioner intends to question the person. (4) Subsection (3) does not prevent the Integrity Commissioner from questioning the person in relation to: (a) any aspect of the corruption issue to which the hearing relates; or (b) another corruption issue. (5) Subsection (3) does not apply if the Integrity Commissioner is satisfied that complying with that subsection is likely to prejudice: (a) the investigation to which the hearing relates or another corruption investigation; or (b) any action taken as a result of an investigation referred to in paragraph (a). (5A) The Integrity Commissioner may, at the hearing, require the witness to produce a document or other thing. (6) A witness appearing at a hearing is entitled to be paid by the Commonwealth any allowances for travelling and other expenses that are prescribed by the regulations. (7) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) paragraph (1)(d) or subsection (2A) had not been enacted; or (b) paragraph (1)(d) or subsection (2A) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or (c) paragraph (1)(d) or subsection (2A) were, by express provision, confined to dealing with a confiscation proceeding against the person that has commenced or is imminent.