165EEvidence at inquiry

165E Evidence at inquiry

(1)  An inquirer may require a person, by notice in writing –

(a) within such reasonable time as may be specified in the notice, to provide the inquirer with such information and to produce to the inquirer such books, plans, documents or other papers and such films, tape recordings or other records in the person’s possession or under the person’s control as may be required for the purpose of the inquiry or examination, as the case may be, and as may be specified in the notice, whether generally or otherwise; or

(b) to attend, at a time and place specified in the notice, before the inquirer and then, from time to time as required by the inquirer, to give evidence concerning any matter the subject of the inquiry or examination, as the case may be, and to produce to the inquirer any of the articles referred to in paragraph (a) .

(2)  An inquirer may require any evidence referred to in subsection (1)(b) to be given on oath, either in writing or orally, and, for that purpose, the inquirer may administer the oath.

(3)  A person must not neglect or refuse to comply with the requirements of a notice served on the person under this section.

Penalty:  Fine not exceeding 100 penalty units.

(4)  A person must not –

(a) furnish any information referred to in subsection (1)(a) required of him or her by a notice served on him or her under subsection (1) that is false or misleading in a material particular; or

(b) give any evidence referred to in subsection (1)(b) that is false or misleading in a material particular.

Penalty:  Fine not exceeding 100 penalty units.

(5)  It is a defence to a prosecution under subsection (4) if the defendant proves that he or she believed the truth of the information or evidence given by him or her and that it was given in good faith.

(6)  A person who is required to attend an inquiry under this section is entitled to be paid an allowance specified in the regulations in respect of that attendance.