Document ID: chunk:federal_register_of_legislation:C2024C00826:section:284
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 284
Character Range: 621158–622924

284  Power to summon witnesses and take evidence
 (1) An ASIC member may, by written summons given to a person in the form prescribed by the regulations:
 (a) require the person to appear before ASIC at a hearing to give evidence, to produce specified documents, or to do both; and
 (b) require the person to attend from day to day unless excused, or released from further attendance, by an ASIC member.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 290).
 (2) At a hearing, ASIC may take evidence on oath or affirmation, and for that purpose an ASIC member may:
 (a) require a witness at the hearing to either take an oath or make an affirmation; and
 (b) administer an oath or affirmation to a witness at the hearing.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 290).
 (3) 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 the person will give will be true.
 (4) The ASIC member presiding at a hearing:
 (a) may require a witness at the hearing to answer a question put to the witness; and
 (b) may require a person appearing at the hearing pursuant to a summons issued under this section to produce a document specified in the summons.
Note: Failure to comply with a requirement made under this subsection is an offence (see section 290).
 (5) An offence under subsection 290(2) relating to subsection (1), (2) or (4) of this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) ASIC may permit a witness at a hearing to give evidence by tendering, and if ASIC so requires, verifying by oath, a written statement.