58Witnesses and evidence at inquiries

58 Witnesses and evidence at inquiries

58 Witnesses and evidence at inquiries

(1) A Board of Inquiry may by summons require a person to appear at an inquiry conducted by the Board to give evidence and to produce any documents that are specified in the summons.

(2) A Board of Inquiry may require a person appearing at an inquiry to do any one or more of the following—

(a) be sworn or affirmed,

(b) produce a document,

(c) answer a question.

(3) A Board of Inquiry may administer an oath to, or take an affirmation from, a person appearing at an inquiry.

(4) A person attending as a witness before a Board of Inquiry is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.

(5) A person is not excused from a requirement under this section to answer a question on the ground that the answer might incriminate the person or make the person liable to a penalty.

(6) However, any answer given by a natural person in compliance with a requirement under this section is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this section) if—

(a) the person objected at the time to answering the question on the ground that it might incriminate the person, or

(b) the person was not warned on that occasion that the person may object to answering the question on the ground that it might incriminate the person.

(7) Further information obtained as a result of an answer given under this section is not inadmissible on the ground that the answer had to be given or that the answer might incriminate the person.

(8) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.

Maximum penalty—

(a) in the case of an individual—250 penalty units, or

(b) in the case of a body corporate—500 penalty units.

s 58: Am 2022 No 24, Sch 1[5] [16].