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Transport (Compliance and Miscellaneous) Act 1983
228OProcedure and powers
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228O Procedure and powers
S. 228O(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 40(a)), 34/2011 s. 96(1).
(1) In exercising his or her powers under section 228N, the Secretary—
(a) must act fairly and according to equity and good conscience without regard to technicalities or legal forms;
(b) is not required to conduct himself or herself in a formal manner;
(c) is not bound by rules or practice as to evidence but may inform himself or herself in relation to any matter in any manner that he or she thinks fit.
S. 228O(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 40(b)), 69/2009 s. 54(Sch. Pt 2 item 53), 34/2011 s. 96(2), 67/2014 s. 147(Sch. 2 item 38).
(2) For the purpose of and in connection with any inquiry under section 228N, the Secretary has the powers conferred by sections 14, 15, 16, 20, 20A and 21A of the **Evidence (Miscellaneous Provisions) Act 1958**, as in force immediately before their repeal, on a board appointed by the Governor in Council and those sections apply as if the Secretary were the sole member of the board.
S. 228O(3) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 40(c)), 34/2011 s. 96(1).
(3) Subject to this Division and the regulations, the procedure of the Secretary on or in connection with an inquiry under section 228N is in his or her discretion.
S. 228P inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(i)).