Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:9_110zgc
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 9 cl 110ZGC
Character Range: 494488–496708

110ZGC  Summons
 (1) The Defence and Veterans' Services Commissioner may, by notice in writing, summon a person to attend a hearing at a time and place specified in the notice:
 (a) to give evidence relevant to the special inquiry; or
 (b) to produce documents or things specified in the notice that are relevant to the special inquiry.
Note: Failure to comply with a notice is an offence: see section 110ZHA.
 (2) The notice must:
 (a) be in writing and be signed by the Commissioner; and
 (b) be served on the person required to attend the hearing.
 (3) A time specified in a notice must be at least 14 days after the day on which the notice is given.
 (4) However, subsection (3) does not apply if the Commissioner reasonably believes that the circumstances to which the notice relates are urgent or serious.
 (5) For the purposes of sections 110ZHA (failure to produce), 110ZHD and 110ZHE (legal professional privilege), the power of the Commissioner under this section to require a person to give evidence, or produce a document or thing, includes the power to require the person to give evidence, or produce a document or thing, that is subject to legal professional privilege.
Note: Under section 110ZHD, legal professional privilege might still be a reasonable excuse for failing to produce the document etc.
 (6) Before giving a notice under subsection (1) to a person, in the person's capacity as someone who is or has been a coroner or an officer or employee of a coroners' court, the Commissioner must consider requesting the coroner or the coroners' court to disclose information in accordance with section 110ZGP.
 (7) If the Commissioner gives a notice under subsection (1) to an official of a Commonwealth entity, the Commissioner must give a copy of the notice to:
 (a) if the official performs duties in, or services for, an Australian intelligence entity—the head of the Australian intelligence entity; or
 (b) in any other case—the accountable authority of the Commonwealth entity.
 (8) If the Commissioner gives a notice under subsection (1) to an officer or employee of a State body or a Territory body, the Commissioner must give a copy of the notice to the head (however described) of the body.