63Commissioner may summon persons

#### 63 Commissioner may summon persons (1) If the Commissioner has reasonable grounds to suspect that a person has evidence relevant to a corruption investigation, the Commissioner may summon the person: (a) to attend a hearing at a time and place specified in the summons to give evidence; and (b) to attend from day to day unless excused, or released from further attendance, by the Commissioner. > Note: Disclosing the existence of a private hearing summons, or any information about it, may be prohibited: see Subdivision A of Division 4 (use and disclosure of certain information and material). (2) If the Commissioner has reasonable grounds to suspect that a person has particular information, or a particular document or thing, relevant to the corruption investigation, the summons may also require the person to: (a) give the Commissioner the information at the hearing; or (b) produce the document or thing at the hearing. (3) If the summons is a post‑charge or a post‑confiscation application summons, the Commissioner must also have reasonable grounds to suspect that the evidence, information, document or thing is necessary for the purposes of the investigation even though: (a) the person has been charged or the confiscation proceeding has commenced; or (b) that charge or proceeding is imminent. (4) The summons must: (a) be in writing and signed by the Commissioner; and (b) be served on the person required to attend the hearing. (5) The Commissioner must record in writing the reasons for the summons. The record must be made at or before the time the summons is issued. (6) The matters in relation to which the Commissioner may summon a person to give evidence or information, or produce a document or thing, at a hearing 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. (7) The Commissioner may vary the time or place specified in a summons. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901. (8) The Commissioner must give to the Inspector, within 3 business days after the summons is issued: (a) a copy of the summons; and (b) a copy of the record made under subsection (5). (9) A summons is not invalid merely because the Commissioner does not comply with subsection (8).