South Australian Current Acts South Australian Current Acts (1) For the purposes
of an inquiry under this Part, the Tribunal may—
(a) by
summons signed on behalf of the Tribunal by a member of the Tribunal, require
the attendance before the Tribunal of any person (including a party to the
proceedings) whom the Tribunal thinks fit to call before it; or
(b) by
summons signed on behalf of the Tribunal by a member of the Tribunal, require
the production of documents; or
(c)
inspect any documents produced before it, and retain them for such reasonable
period as it thinks fit, and make copies of any of them, or of any of their
contents; or
(d)
require any person to make an oath or affirmation to truly answer all
questions put by the Tribunal, or by any person appearing before the Tribunal,
relevant to any matter being inquired into by the Tribunal (which oath or
affirmation may be administered by any member of the Tribunal); or
(e)
require any person appearing before the Tribunal (whether summoned to appear
or not) to answer any relevant question put by any member of the Tribunal, or
by any other person appearing before the Tribunal; or
(f)
require any person appearing before the Tribunal (whether summoned to appear
or not) to prepare a document (including an itemised bill (within the meaning
of Schedule 3)) as reasonably directed by the Tribunal, or to comply with any
other reasonable direction issued by the Tribunal in furtherance of the
inquiry.
(2) A summons may be
issued under subsection (1) on the application of a party to proceedings
before the Tribunal, notwithstanding that the Tribunal has not met to
authorise the issue of the summons.
(3) If a person—
(a) who
has been served with a summons to attend before the Tribunal, neglects or
fails without reasonable excuse to attend in obedience to the summons; or
(b) who
has been served with a summons to produce any documents neglects or fails
without reasonable excuse to comply with the summons; or
(c)
misbehaves before the Tribunal, wilfully insults the Tribunal or any member of
the Tribunal, or interrupts the proceedings of the Tribunal; or
(d)
refuses to be sworn or to affirm or to answer any relevant question when
required to do so by the Tribunal; or
(e)
neglects or fails without reasonable excuse to comply with any other
reasonable requirement of the Tribunal,
the person is guilty of an offence.
Maximum penalty: $10 000.
(4) If a person
summoned as mentioned in subsection (1) refuses or fails to attend before
the Tribunal as required by the summons, or having attended refuses to be
sworn or to affirm, or to answer any relevant question when required to do so
by the Tribunal, a certificate of the refusal or failure, signed by a member
of the Tribunal, may be filed in the Supreme Court.
(5) Where a
certificate has been filed under subsection (4), a party requiring the
attendance of the person may apply to the Supreme Court for an order directing
that person to attend, or to be sworn or to affirm, or to answer questions (as
the case may require), and on that application the Court may make such orders
as it thinks fit (including orders for costs).
(6) The Court may
require that notice be given of an application under subsection (5) to
the person against whom the order is sought or any other person (but an order
may be made, if the Court thinks fit, although no notice has been given of the
application).
(7) In the course of
an inquiry, the Tribunal may—
(a)
receive in evidence a transcript of evidence taken in proceedings before a
court or tribunal of any State or the Commonwealth (and any exhibits referred
to in such a transcript), and draw any conclusions of fact from the evidence
that it considers proper;
(b)
adopt, as in its discretion it considers proper, any findings, decision,
judgment, or reasons for judgment, of any such court or tribunal that may be
relevant to the proceedings.