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Public Works and Procurement Act 1912
22Powers of Committee in respect of witnesses
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#### 22 Powers of Committee in respect of witnesses
22 Powers of Committee in respect of witnesses
> > (1) If any person—
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> > > (a) whose expenses have been paid or tendered to the person neglects to appear, or
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> > > (b) wilfully insults the Committee or any member thereof, or
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> > > (c) misbehaves before the Committee, or
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> > > (d) interrupts the proceedings of the Committee, or
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> > > (e) being summoned or examined as a witness in any inquiry or matter pending before the Committee, refuses to be sworn, or to produce any document mentioned in the summons served upon the person, or to make a solemn declaration as aforesaid, or prevaricates in the person’s evidence, or refuses to answer any lawful question,
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> > the Chair or Deputy Chair may commit any such offender to gaol for any time not exceeding one month, or may impose upon the person a fine not exceeding one hundred dollars and in default of immediate payment thereof may commit such offender to gaol for any time not exceeding one month unless the fine is sooner paid.
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> > In any such case of committal the Chair or Deputy Chair shall issue a warrant in the Form A contained in the Fourth Schedule hereto, and such warrant shall be good and valid without any other warrant order or process whatsoever, and the sheriff, the sheriff’s deputy, and all officers of the police force and gaolers to whom the same is addressed shall obey it.
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> > (2) Where any person who has been duly served with a summons to attend as a witness before the Committee, and whose expenses have been paid or tendered to the person fails to appear in obedience to the person’s summons, the Chair or Deputy Chair, upon proof of such person having been duly served with such summons, and that such person’s non-appearance was without just cause or reasonable excuse, may issue a warrant in the form or to the effect of Form B of the Fourth Schedule hereto to bring such person before the Committee to give evidence.
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> > (3) Every person required by the Committee to attend as a witness shall be allowed such expenses as would be allowed to a witness attending on subpoena before a superior court of record, and, in case of dispute as to the amount to be allowed, the same shall be referred to the Prothonotary of the Supreme Court who, on request under the hand of the Chair of the Committee, shall ascertain and certify the proper amount of such expenses.
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> **s 22:** Am 1978 No 118, Sch 2 (2); 2007 No 27, Sch 1.46 \[1\] \[2\].