40Powers in relation to witnesses

40 Powers in relation to witnesses

(1)  The Court may –

(a) call any witness of its own motion in any proceedings; and

(b) examine any witness on oath or affirmation, or by use of a statutory declaration, in any proceedings; and

(c) examine or cross-examine any witness to such extent as the Court thinks proper in order to elicit information relevant to the exercise of the functions of the Court in any proceedings; and

(d) compel any witness to answer questions which the Court considers to be relevant in any proceedings before it.

(2)  If the Court decides to call a person as a witness under subsection (1)(a) , the Court may –

(a) seek to procure the voluntary attendance of the person before it by notifying the person in such manner as it thinks appropriate in the circumstances; or

(b) direct the registrar to issue a summons to compel the attendance of the person before it.

(3)  Nothing in subsection (1) enables the Court to compel a witness to answer a question if the witness has a reasonable excuse for refusing to answer the question.