Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 326

Powers of costs assessor
(1)  For the purpose of any costs assessment, the costs assessor may –
(a) conduct such investigations as the costs assessor considers necessary; and
(b) summon any person to attend a costs assessment; and
(c) take evidence on oath or affirmation and, for that purpose, administer oaths and affirmations; and
(d) require any person to produce documents or records in the person's possession or subject to the person's control; and
(e) require any person to be represented by a legal practitioner.
(2)  A person who neglects or fails without reasonable cause –
(a) to attend in obedience to a summons under subsection (1) ; or
(b) to be sworn or make an affirmation; or
(c) to answer relevant questions; or
(d) to produce any relevant documents or records when required to do so under that subsection –
is guilty of an offence.
Penalty:  Fine not exceeding 10 penalty units.
(3)  If a person fails, without reasonable excuse, to comply with a notice under this section, the costs assessor may decline to deal with the application or may continue to deal with the application on the basis of the information provided.
(4)  A failure by an Australian legal practitioner to comply with a notice under this section without reasonable excuse is capable of being unsatisfactory professional conduct or professional misconduct.



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