7Evidence before Committee

7 Evidence before Committee

[Section 7 Subsection (9) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  The Committee may summon witnesses to appear before it to give evidence and to produce documents, and for that purpose has all the power and authority of a Select Committee of the House of Assembly.

(2)  A witness who is summoned to appear, or who appears, before the Committee has the same protection and privileges as a witness in an action tried in the Supreme Court.

(3)  [Section 7 Subsection (3) amended by No. 89 of 1997, s. 8, Applied:14 Jan 1998] Except where it considers that there is good and sufficient reason to take evidence in private, all evidence shall be taken by the Committee in public.

(4)  Notwithstanding anything in subsection (3) of this section the Committee, when requested so to do by a witness, shall take in private any evidence that, in the opinion of the Committee, relates to a secret or confidential matter.

(5)  Subject to subsection (6) of this section, the Committee may, in its discretion, disclose or publish, or authorize the disclosure or publication, of evidence taken in private.

(6)  Where there is taken in private any evidence of a witness that the Committee is of opinion relates to a secret or confidential matter and the witness requests that that evidence be not published the Committee shall not, without the consent in writing of the witness, disclose or publish, or authorize the disclosure or publication of that evidence, unless it has already been lawfully published.

(7)  Where evidence is taken by the Committee in private no person (whether a member of the Committee or not) shall, without the authority of the Committee, given in writing by the chairman thereof, disclose or publish that evidence unless it has already been lawfully published.

(8)  References in this section to evidence shall be construed as including references to documentary evidence, and references therein to evidence given by a witness shall be construed as including references to any part of the evidence so given.

(9)  Any person who discloses or publishes any evidence contrary to the provisions of this section is guilty of an offence and is liable to a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment.