Document ID: chunk:federal_register_of_legislation:C2004A04777:section:5:p4
Version: federal_register_of_legislation:C2004A04777
Segment Type: section
Provision Reference: s 5 (pt 4/16)
Character Range: 55871–58650

Power to hold inquiries

"188.(1) The Panel may hold inquiries for the purposes of the performance or exercise of any of its functions and powers.

"(2) The President may convene an inquiry to be held at a place and time he or she determines.

Who may be present at inquiry

"189.(1) An inquiry is to take place in private, unless the Panel directs that the inquiry, or a part of it, is to take place in public.

"(2) A person must not be present at an inquiry, or a part of an inquiry, that takes place in private unless the person is:

  (a) a member; or

     (b) a member of the Commission, or a staff member, approved by the Panel; or

  (c) entitled to be present under a direction given by the Panel.

Penalty: $1,000 or imprisonment for 3 months, or both.".

9. Subsection 190(1):

  (a) Omit "at a hearing", substitute "during an inquiry".

     (b) Omit "evidence given before", substitute "submissions or evidence made or given to".

10. Paragraph 190(2)(a):

     (a) Omit "evidence that has been or may be given", substitute "submissions or evidence made or given, or that may be made or given".

  (b) Omit "hearing", substitute "inquiry".

SCHEDULE 4—continued

11. Section 191:

  Repeal the section, substitute:

How information or evidence is given to Panel

"191.(1) Generally, information or evidence is to be given to the Panel for the purposes of an inquiry by lodging with the Panel, in accordance with the requirements (if any) of the regulations, a written submission containing the information or evidence.

"(2) A person may, however, appear before the Panel and give evidence at the inquiry if:

  (a) the person is required by summons under section 192 to do so; or

  (b) the Panel decides, in its discretion, to allow the person to do so.".

12. Paragraph 192(1)(a):

  Omit "a hearing", substitute "an inquiry".

13. Subsection 192(2):

  (a) Omit "a hearing", substitute "an inquiry".

  (b) Omit "the hearing" (wherever occurring), substitute "the inquiry".

14. Subsection 192(4):

  (a) Omit "a hearing", substitute "an inquiry".

  (b) Omit "the hearing" (wherever occurring), substitute "the inquiry".

15. Subsection 192(5):

  Omit the subsection.

16. Subsection 192(6):

  Omit "a hearing", substitute "an inquiry".

17. Section 193:

  Repeal the section, substitute:

Who presides at inquiry

"193.(1) The President is to preside at all inquiries at which he or she is present.

"(2) If the President is not present at an inquiry, the Deputy President is to preside.

Quorum and determination of questions at inquiry

  "193A.(1) At an inquiry, 2 members form a quorum.

SCHEDULE 4—continued

"(2) Questions arising at an inquiry are to be determined by a majority of the votes of the members present at the inquiry.

"(3) The member