29SCompulsion orders

#### 29S Compulsion orders 29S Compulsion orders > > (1) Racing NSW may apply to the Supreme Court for an order (a compulsion order) authorising Racing NSW to use the following powers (compulsion powers) on a person for the purposes of obtaining information of relevance to a special inquiry (relevant information)— > > > > > (a) the power to order the person to attend a hearing of the special inquiry on the days specified in the order, > > > > > (b) the power to order the person to provide the relevant information at a hearing, > > > > > (c) the power to order the person to otherwise provide the relevant information to the special inquiry. > > > (2) Racing NSW may apply for the compulsion order only if it is reasonably satisfied that— > > > > > (a) the person has relevant information and the person is unwilling to provide the relevant information to the special inquiry, or > > > > > (b) the person has relevant information and exceptional circumstances exist that require a compulsion power to be used without first asking the person to voluntarily provide the relevant information. > > > (3) For the purposes of subsection (2)(b), exceptional circumstances include circumstances in which there is a very high likelihood that relevant information essential to the special inquiry will be lost. > > > (4) The Supreme Court is to decide the application for the compulsion order in the absence of the person and without conducting a hearing unless it is satisfied that the interests of justice require the person to be present. > > > (5) The Supreme Court is, when deciding if the interests of justice require the person to be present, to take into account— > > > > > (a) the risk that the relevant information may be lost if the person is given advance notice of the proposed exercise of compulsion powers, and > > > > > (b) any other matter the Court considers relevant. > > > (6) The Supreme Court is, when deciding whether to grant the compulsion order, to take into account the following— > > > > > (a) the nature of the threat to horse racing that the special inquiry is considering, > > > > > (b) the value to the special inquiry of the relevant information sought, > > > > > (c) the likelihood the person has the relevant information, > > > > > (d) the likelihood the person would be unwilling to provide the relevant information, > > > > > (e) if the application was made on the basis of Racing NSW being satisfied that exceptional circumstances exist, the nature of the exceptional circumstances, > > > > > (f) the harm likely to be caused to the person if the order is granted and the person is required to provide relevant information that may incriminate the person, > > > > > (g) any other matter the Court considers relevant. > > > (7) If the Court decides to grant the compulsion order, it must specify the following in the order— > > > > > (a) the name of the person the subject of the order, > > > > > (b) the compulsion powers Racing NSW is authorised to use, > > > > > (c) any limitation to which the use of the compulsion powers is subject, > > > > > (d) the day on which the order expires. > > > (8) The Court must give reasons for its decision to grant or refuse to grant the compulsion order. > > > (9) A reference in this section to relevant information being lost includes a reference to the relevant information being concealed, altered, destroyed or otherwise being made unavailable to a special inquiry.