206Power to serve a written notice

206 Power to serve a written notice (1) A Commissioner may serve a written notice to a person to appear before the Commission of Inquiry and give evidence or produce any documents specified in the written notice. S. 206(1A) inserted by No. 23/2024 s. 24. (1A) A person on whom a written notice is served may make a claim to the Commission of Inquiry that the person has a reasonable excuse not to comply with the notice. S. 206(1B) inserted by No. 23/2024 s. 24. (1B) Without limiting what may be a reasonable excuse for the purposes of subsection (1A), a person has a reasonable excuse not to comply with a written notice if— (a) the person is an individual and compliance might tend to incriminate the person or make the person liable to a penalty in relation to— (i) an offence with which the person has been charged and for which a proceeding is on foot; or (ii) a proceeding that is on foot for the imposition or recovery of a penalty; or (b) the information requested is— (i) subject to parliamentary privilege or public interest immunity; or (ii) prohibited from disclosure by a court order. S. 206(1C) inserted by No. 23/2024 s. 24. (1C) A person does not have a reasonable excuse not to comply with a written notice only because— (a) the information requested is the subject of legal professional privilege or client legal privilege; or (b) another enactment— (i) prohibits the person from providing the information; or (ii) imposes a duty of confidentiality on the person with respect to the information. S. 206(1D) inserted by No. 23/2024 s. 24. (1D) If a Commission of Inquiry is satisfied of a reasonable excuse not to comply with a written notice, the Commission of Inquiry, by further written notice, may vary or revoke the initial written notice. S. 206(1E) inserted by No. 23/2024 s. 24. (1E) Information to which legal professional privilege or client legal privilege applies does not cease to be the subject of that privilege only because it is provided to a Commission of Inquiry in response to a written notice. S. 206(1F) inserted by No. 23/2024 s. 24. (1F) A person who has provided information to a Commission of Inquiry in response to a written notice cannot be subject to any criminal, civil, administrative or disciplinary proceeding only because the person complied with the notice. (2) A person must not fail to appear before the Commission of Inquiry after being served with a written notice without reasonable excuse. Penalty: 10 penalty units or imprisonment for 3 months.