CTHRepealedLegislation
Workplace Relations Regulations 1996
135General powers of Registrar
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135 General powers of Registrar
(1) For the purpose of giving effect to the Act, the Registrar shall, in relation to any application or proceeding with which the Registrar is authorised to deal, have power:
(a) to require a person, by summons served on the person, to appear before the Registrar:
(i) to give evidence; and
(ii) to produce such books, documents or things as are referred to in the summons for inspection by the Registrar or by such party as the Registrar determines;
(b) to take evidence on oath;
(c) to adjourn any matter or hearing;
(d) to amend or give leave to amend any application, notice or other document;
(e) to extend the time fixed by these Regulations for the lodging of any document or the doing of any act (whether that time has expired or not);
(f) to give directions to any party in relation to the service of documents and the manner of service of documents; and
(g) to order any party to pay any other party such reasonable sum for costs as he or she thinks just.
(2) A person must not refuse or fail to comply with a summons served on him or her for the purposes of paragraph (1) (a).
Penalty: 5 penalty units.
(2A) Strict liability applies in subregulation (2) to the physical element of failing to comply.
(2B) It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.
> Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2B) (see section 6.1 of the Criminal Code).
(3) Where any power is exercised under subregulation (1) on the application of a party, it may be exercised on such terms, as to payment of fees and costs and otherwise, as the Registrar thinks just.