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Magistrates Court (Administrative Appeals Division) Act 2001
40Powers in relation to witnesses
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### 40 Powers in relation to witnesses
> > (1) The Court may –
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> > > > (a) call any witness of its own motion in any proceedings; and
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> > > > (b) examine any witness on oath or affirmation, or by use of a statutory declaration, in any proceedings; and
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> > > > (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
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> > > > (d) compel any witness to answer questions which the Court considers to be relevant in any proceedings before it.
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> > (2) If the Court decides to call a person as a witness under [subsection (1)(a)](#GS40@Gs1@Hpa@EN) , the Court may –
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> > > > (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
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> > > > (b) direct the registrar to issue a summons to compel the attendance of the person before it.
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> > (3) Nothing in [subsection (1)](#GS40@Gs1@EN) enables the Court to compel a witness to answer a question if the witness has a reasonable excuse for refusing to answer the question.