sec.63Obtaining a document or thing from third parties

sec.63 Obtaining a document or thing from third parties

The tribunal may make an order requiring a person who is not a party to a proceeding but who has, or is likely to have, in the person’s possession or control a document or other thing relevant to the proceeding to produce the document or thing to— the tribunal; or a party to the proceeding. The person in relation to whom the order is made must comply with the order within the period stated in the order. However, subsection (2) does not apply to a document or thing, or a part of a document or thing, for which there is a valid claim to privilege from disclosure. In making an order on the application of a party, the tribunal must consider whether it is appropriate to make an order requiring the party to pay the costs of producing the document or thing to which the order relates. The tribunal may act under this section on the application of a party or on the tribunal’s own initiative. The tribunal’s power to act under this section is exercisable only by— the tribunal as constituted for the proceeding; or a legally qualified member, an adjudicator or the principal registrar. s 63 amd 2012 No. 37 s 45 (sec.63-ssec.1) The tribunal may make an order requiring a person who is not a party to a proceeding but who has, or is likely to have, in the person’s possession or control a document or other thing relevant to the proceeding to produce the document or thing to— the tribunal; or a party to the proceeding. (sec.63-ssec.2) The person in relation to whom the order is made must comply with the order within the period stated in the order. (sec.63-ssec.3) However, subsection (2) does not apply to a document or thing, or a part of a document or thing, for which there is a valid claim to privilege from disclosure. (sec.63-ssec.4) In making an order on the application of a party, the tribunal must consider whether it is appropriate to make an order requiring the party to pay the costs of producing the document or thing to which the order relates. (sec.63-ssec.5) The tribunal may act under this section on the application of a party or on the tribunal’s own initiative. (sec.63-ssec.6) The tribunal’s power to act under this section is exercisable only by— the tribunal as constituted for the proceeding; or a legally qualified member, an adjudicator or the principal registrar.

• (a) the tribunal; or
• (b) a party to the proceeding.
• (a) the tribunal as constituted for the proceeding; or
• (b) a legally qualified member, an adjudicator or the principal registrar.