Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:2_239ce
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 2 cl 239CE
Character Range: 268736–270910

239CE  Power to summon witnesses and take evidence

 (1) A member may, by written summons in the prescribed form given to a person to whom subsection (2) applies:
 (a) require the person to appear before the Financial Reporting Panel at Financial Reporting Panel proceedings 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 a member.

Note: Failure to comply with a requirement made under this subsection is an offence (see section 239CJ).

 (2) This subsection applies to:
 (a) a staff member of ASIC; or
 (b) an officer of the lodging entity; or
 (c) the auditor, or a professional member of the audit team, for the audit of the relevant financial report; or
 (d) any other person involved in preparing, or auditing, the relevant financial report for or on behalf of the lodging entity.

 (3) In Financial Reporting Panel proceedings, the Financial Reporting Panel may take evidence on oath or affirmation, and for that purpose a member may:
 (a) require a witness in the proceedings to either take an oath or make an affirmation; and
 (b) administer an oath or affirmation to a witness in the proceedings.

Note: Failure to comply with a requirement made under this subsection is an offence (see section 239CJ).

 (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 the person will give will be true.

 (5) The member presiding at Financial Reporting Panel proceedings:
 (a) may require a witness in the proceedings to answer a question put to the witness; and
 (b) may require a person appearing in the proceedings 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 239CJ).

 (6) The Financial Reporting Panel may pay such amount as it thinks reasonable on account of the costs and expenses (if any) that a person (other than a staff member of ASIC) incurs in complying with a requirement made under this section.