Document ID: chunk:federal_register_of_legislation:C2004A00869:clause:1_93zf
Version: federal_register_of_legislation:C2004A00869
Segment Type: clause
Provision Reference: sch 1 cl 93ZF
Character Range: 14528–16534

93ZF  Powers of Commission to gather evidence

 (1) The Commission or the Commission's delegate may, in reviewing a decision under this Division:
 (a) take evidence on oath or affirmation for the purposes of the review; and
 (b) adjourn a hearing of the review from time to time.

 (2) The presiding member of the Commission or the Commission's delegate may, for the purposes of the review:
 (a) summon a person to appear at a hearing of the review to give evidence and to produce such documents (if any) as are referred to in the summons; and
 (b) require a person appearing at a hearing of the review for the purpose of giving evidence either to take an oath or to make an affirmation; and
 (c) administer an oath or affirmation to a person so appearing.

 (3) The person who applied for the review under this Division is a competent and compellable witness upon the hearing of the review.

 (4) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence that the person will give will be true.

 (5) The Commission's power under paragraph (1)(a) to take evidence on oath or affirmation:
 (a) may be exercised on behalf of the Commission by:
 (i) the presiding member or the Commission's delegate; or
 (ii) by another person (whether a member or not) authorised by the presiding member or the Commission's delegate; and
 (b) may be exercised within or outside Australia; and
 (c) must be exercised subject to any limitations specified by the Commission.

 (6) Where a person is authorised under subparagraph (5)(a)(ii) to take evidence for the purposes of a review, the person has:
 (a) all the powers of the Commission under subsection (1); and
 (b) all the powers of the presiding member under subsection (2);
for the purposes of taking that evidence.

 (7) In this section:

Commission's delegate means a person to whom the Commission has delegated its powers under section 93ZA and who is conducting the review in question.