312Evidentiary powers of commission

312 Evidentiary powers of commission (1) A commission of inquiry may exercise any of the following evidentiary powers: (a) it may require a person to appear before it to give evidence; (b) it may require a person to provide written answers to questions put to the person by the commission and to verify the answers by statutory declaration; (c) it may require a person to produce documents or other evidentiary materials in the person's possession or control to the commission. (2) A requirement under subsection (1) is made by giving the person whose compliance is required a notice in writing: (a) stating the subject matter of the inquiry; and (b) setting out the terms of the requirement; and (c) fixing or allowing a reasonable time for compliance with the requirement. (3) The commission may require a person appearing before it to give evidence on oath. (4) A person commits an offence if: (c) the conduct results in a failure to comply with the requirement and the person is reckless in relation to the result. (5) Strict liability applies to subsection (4)(a).

Local Government Act 2019 173 (6) A person commits an offence if: (b) the conduct results in the person's failure or refusal to take an oath when required to do so by the commission and the person is reckless in relation to the result. (7) A person commits an offence if: (b) the conduct results in the person's failure or refusal to answer a question relevant to the subject matter of the inquiry when required to do so by the commission. (8) It is a defence to a prosecution for an offence against subsection (4), (6) or (7) if the defendant has a reasonable excuse. (9) A person who gives evidence to a commission of inquiry has the same privileges and immunities as a witness in proceedings before the Supreme Court.