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CRIME AND CORRUPTION ACT 2001 - SECT 82
Notice to attend hearing—general
82 Notice to attend hearing—general
(1) The chairperson may issue a notice (
"attendance notice" ) requiring a person to attend at a commission hearing at
a stated time and place for 1 or more of the following purposes until
excused— (a) for a hearing in relation to a crime investigation or
corruption investigation— (i) to give evidence; or
(ii) to produce a stated
document or thing; or
(iii) to establish a reasonable excuse or claim of
privilege under section 72 or 74 ;
(b) for a witness protection function
hearing—to establish the reasonable excuse or claim of privilege the subject
of the hearing;
(c) for an intelligence function hearing— (i) to give
evidence; or
(ii) to produce a stated document or thing.
(2) An
attendance notice must state— (a) whether it is issued in the context of—
(i) a crime investigation; or
(ii) without specifying which, a crime
investigation or the witness protection function; or
(iii) a corruption
investigation; or
(iv) the intelligence function; and
(b) so far as
reasonably practicable, the general nature of the matters about which the
person may be questioned at the commission hearing.
(3) A person does not, by
giving evidence or producing a stated document or thing at a hearing in
compliance with an attendance notice— (a) contravene a provision of an Act
or a law imposing a statutory or commercial obligation or restriction to
maintain secrecy in relation to the evidence, document or thing; or
(b) incur
any civil liability in relation to the evidence, document or thing.
(4) A
failure to comply with subsection (2) (b) does not prevent the commission from
questioning the person about— (a) for an attendance notice issued in the
context of a crime investigation or corruption investigation—any matter that
relates to an investigation; or
(b) for an attendance notice issued in the
context of a witness protection function hearing—any matter that relates to
the matter for which the attendance notice was issued; or
(c) for an
attendance notice issued in the context of an intelligence function
hearing—any matter that relates to the matter for which the
attendance notice was issued.
(5) A person given an attendance notice must
not— (a) fail, without reasonable excuse, to attend as required by the
notice; or
(b) fail, without reasonable excuse, to continue to attend as
required by the presiding officer until excused from further attendance.
Penalty— Maximum penalty—200 penalty units or 5 years imprisonment.
(6) If the commission hearing is being held under an authorisation under
section 55D , the chairperson may issue an attendance notice requiring a
person to attend immediately at the commission hearing at a stated place.
(7)
This section, other than subsection (6) , is subject to section 85 .
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