32Commission may take evidence

#### 32 Commission may take evidence (1) Subject to subsection (2), the Commission may, for the purposes of its consideration of a claim submitted to it in accordance with subsection 17(2) or of its reconsideration under section 31 of a decision in relation to a pension or attendant allowance: (a) summon a person to appear before the Commission to give evidence and produce such documents (if any) as are referred to in the summons; (b) take evidence on oath or affirmation; (c) request: (i) in the case of consideration of a claim—the claimant or the Secretary; or (ii) in the case of a reconsideration under section 31—a person likely to be affected by the reconsideration or the Secretary; to furnish to the Commission material believed to be under his or her control and relevant to the determination of the claim, or the reconsideration of the decision; and (d) request: (i) in the case of consideration of a claim—the claimant; or (ii) in the case of a reconsideration under section 31—the person likely to be affected by the reconsideration; to attend before the Commission for a discussion of the claim, or of the reconsideration, as the case may be, or to discuss the claim, or the reconsideration, as the case may be, with the Commission by telephone. (2) Subsection (1) does not authorize the Commission to summon: (a) for the purpose of its consideration of a claim—the claimant; or (b) for the purpose of a reconsideration under section 31—a person likely to be affected by the reconsideration; to appear before the Commission to give evidence or to produce documents. (3) Where a claimant requests the Commission for an opportunity: (a) to attend before the Commission and discuss the claim with the Commission; or (b) to discuss the claim with the Commission by telephone; the Commission shall, if it is of the opinion that the request is in all the circumstances reasonable, comply with the request. (4) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true. (5) The powers and duties of the Commission under this section may be exercised or performed on behalf of the Commission: (a) in relation to a claim—by a person to whom the Commission has delegated its powers under section 19; or (b) in relation to a reconsideration under section 31—by a person to whom the Commission has delegated its powers under that section; and, for the purpose of the exercise of those powers or the performance of those duties, subsections (1), (2) and (3) and (6) to (10), inclusive, of this section have effect as if a reference to the Commission included a reference to that person. (6) A person who has been summoned to appear as a witness before the Commission shall not, after tender of reasonable expenses, fail to appear in answer to the summons. Penalty: Imprisonment for 6 months or 10 penalty units, or both. (6A) An offence under subsection (6) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (7) A person who appears before the Commission as a witness in answer to a summons shall not refuse to be sworn or make an affirmation. Penalty: Imprisonment for 6 months or 10 penalty units, or both. (8) Subject to subsection (9), a person who appears before the Commission as a witness, otherwise than in answer to a summons, may be requested by the Commission to give evidence on oath, and, if the person declines to be sworn or make an affirmation, the person’s evidence shall not be received. (9) Subsection (8) does not apply to a person who attends before the Commission for a discussion of a claim or reconsideration at the request of the Commission under subsection (1) or at his or her own request under subsection (3) or has a discussion with the Commission by telephone under subsection (3). (10) A person who has been sworn, or made an affirmation, as a witness before the Commission shall not refuse to produce documents or to answer a question that the person is required to answer by the Commission. Penalty: Imprisonment for 6 months or 10 penalty units, or both. (11) A person who has been sworn, or made an affirmation, as a witness before the Commission shall not give evidence that is false or misleading in a material particular. Penalty: Imprisonment for 12 months or 20 penalty units, or both. (11A) A person does not commit an offence under this section if the person has a reasonable excuse. > Note: The defendant bears an evidential burden in relation to the matter in subsection (11A). See subsection 13.3(3) of the Criminal Code. (12) In this section: > claim includes application. > claimant includes applicant.