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Work Health and Safety (Mines and Petroleum Sites) Act 2013
58Witnesses and evidence at inquiries
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#### 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.
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> > (2) A Board of Inquiry may require a person appearing at an inquiry to do any one or more of the following—
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> > > (a) be sworn or affirmed,
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> > > (b) produce a document,
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> > > (c) answer a question.
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> > (3) A Board of Inquiry may administer an oath to, or take an affirmation from, a person appearing at an inquiry.
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> > (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.
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> > (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.
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> > (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—
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> > > (a) the person objected at the time to answering the question on the ground that it might incriminate the person, or
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> > > (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.
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> > (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.
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> > (8) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.
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> > Maximum penalty—
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> > > (a) in the case of an individual—250 penalty units, or
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> > > (b) in the case of a body corporate—500 penalty units.
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> **s 58:** Am 2022 No 24, Sch 1\[5\] \[16\].