49SPower to require persons to attend and answer questions

49S Power to require persons to attend and answer questions

(1) If the Chief Investigator considers it necessary for the purposes of an investigation into a public transport safety matter or a marine safety matter, the Chief Investigator may require a person to attend before the Chief Investigator and answer questions asked by the Chief Investigator relating to matters relevant to the investigation.

(2) The requirement under subsection (1) must be by notice in writing.

(3) The notice must—

(a) be signed by the Chief Investigator; and

(b) specify the time and place at which the person is required to attend before the Chief Investigator.

(4) The time specified in the notice must be reasonable having regard to the circumstances.

(5) When a person attends before the Chief Investigator under this section, the Chief Investigator may require the questions to be answered on oath or affirmation.

(6) For the purposes of subsection (5), the Chief Investigator may administer an oath or affirmation.

(7) A person of whom a requirement is made under this section must not—

(a) fail to attend before the Chief Investigator in accordance with the requirement; or

(b) refuse to take an oath or make an affirmation when required by the Chief Investigator to do so; or

(c) refuse or fail to answer a question lawfully asked of the person by the Chief Investigator.

Penalty: 30 penalty units.

(8) A person who attends before the Chief Investigator in accordance with a requirement under this section is entitled to be paid, in relation to that attendance, fees or allowances fixed by or calculated in accordance with an Order made by the Governor in Council for the purposes of this section.

S. 49T inserted by No. 25/2025 s. 70.