AustLII Tasmanian Numbered Acts

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MAGISTRATES COURT (ADMINISTRATIVE APPEALS DIVISION) ACT 2001 (NO. 72 OF 2001) - SECT 40

Powers in relation to witnesses

(1)  The Court may –
(a) call any witness of its own motion in any proceedings; and
(b) examine any witness on oath or affirmation, or by use of a statutory declaration, in any proceedings; and
(c) examine or cross-examine any witness to such extent as the Court thinks proper in order to elicit information relevant to the exercise of the functions of the Court in any proceedings; and
(d) compel any witness to answer questions which the Court considers to be relevant in any proceedings before it.
(2)  If the Court decides to call a person as a witness under subsection (1)(a) , the Court may –
(a) seek to procure the voluntary attendance of the person before it by notifying the person in such manner as it thinks appropriate in the circumstances; or
(b) direct the registrar to issue a summons to compel the attendance of the person before it.
(3)  Nothing in subsection (1) enables the Court to compel a witness to answer a question if the witness has a reasonable excuse for refusing to answer the question.



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