New South Wales Consolidated Acts
[Search this Act]
BIOLOGICAL CONTROL ACT 1985 - SECT 39
Procedure at inquiries
39 Procedure at inquiries
(1) Subject to this section, an inquiry by a Commission shall be held in
public and evidence in the inquiry shall be taken in public on oath or
(2) Where a Commission is satisfied that it is desirable to do
so in the public interest by reason of the confidential nature of any evidence
or matter or for any other reason, the Commission may:
(a) direct that an
inquiry or a part of an inquiry shall take place in private and give
directions as to the persons who may be present, or
(b) give directions
prohibiting or restricting the publication of evidence given before the
Commission or of matters contained in documents lodged with the Commission.
(3) A Commission may hold an inquiry or part of an inquiry outside New South
(4) A Commission may, if it thinks fit, permit a person appearing as a
witness before the Commission to give evidence by tendering, and verifying by
oath or affirmation, a written statement.
(5) Where a Commission considers
that the attendance of a person as a witness before the Commission would cause
serious hardship to a person, the Commission may permit the person to give
evidence by sending to the Commission a written statement, verified in such
manner as the Commission allows.
(6) Where evidence is given to a Commission
by a written statement in accordance with subsection (4) or (5), the
Commission shall make available to the public in such manner as the Commission
thinks fit the contents of the statement other than any matter the publication
of which, in the opinion of the Commission, would be contrary to the public
interest by reason of its confidential nature or for any other reason.
Subject to this section and the regulations:
(a) the procedure to be followed
at an inquiry by a Commission is within the discretion of the Commission, and
(b) a Commission is not bound by the rules of evidence.
AustLII: Copyright Policy