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Tasmanian Civil and Administrative Tribunal Act 2020
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Turn the raw legal text into a practical explanation grounded in Tasmanian Civil and Administrative Tribunal Act 2020.
[Section 104 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) The Tribunal may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Tribunal at a specified time and place to give evidence, or to produce evidentiary material, or both.
(2) A summons to produce evidentiary material may, instead of providing for production of the material before the Tribunal, provide for production of the material to an officer of the Tribunal or to any person nominated in the summons.
(3) The Tribunal may –
(a) retain any document, object or substance produced before it (whether in response to a summons or otherwise) for the reasonable period that it considers fit and make copies of any document; and
(b) require a person called to give evidence, whether in response to a summons or otherwise to make an oath or affirmation (which may be administered by any member or officer of the Tribunal) to answer truthfully questions put by any member of the Tribunal or any person appearing before the Tribunal; and
(c) require any person called to give evidence, whether in response to a summons or otherwise, to answer any questions, put by any member of the Tribunal or any person appearing before the Tribunal, that are determined by the Tribunal to be relevant to the proceedings before the Tribunal.
(4) A person must not –
(a) refuse or fail to make an oath or affirmation when required to do so under this section; or
(b) refuse or fail without reasonable excuse to produce evidentiary material that the person is required by the Tribunal to produce; or
(c) refuse or fail without reasonable excuse to appear before the Tribunal in response to a summons; or
(d) refuse or fail without reasonable excuse to give evidence before the Tribunal or otherwise refuse or fail, without reasonable excuse, to answer any question put in proceedings before the Tribunal or otherwise required under this Act; or
(e) give false or misleading evidence to the Tribunal.
Penalty: Fine not exceeding 30 penalty units or imprisonment for a term not exceeding one year.
(5) A summons under this section may be issued on behalf of the Tribunal by –
(a) any member of the Tribunal; or
(b) a registrar; or
(c) any other officer authorised, under the Tribunal rules or by the President, to issue such summonses.
(6) A person required to appear before the Tribunal in proceedings is entitled to be paid the expenses and allowances, if any, that are specified in the Tribunal rules.