Document ID: chunk:federal_register_of_legislation:C2025C00049:section:142
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 142
Character Range: 190959–192974

142  Limited operation—Commissioner's power to summon person

Limitation to pre‑charge and pre‑confiscation application operation
 (1) In addition to its effect apart from this subsection, this Act also has the effect it would have if the Commissioner's power to issue a summons to a person to attend a hearing were, by express provision, confined to a power to issue either or both of the following:
 (a) a pre‑charge summons;
 (b) a pre‑confiscation application summons.

Limitation of scope of post‑charge summons
 (2) In addition to its effect apart from this subsection, this Act also has the effect it would have if the matters in relation to which a person who has been issued a post‑charge summons is required to give evidence or information, or produce a document or thing, at a hearing excluded, by express provision, matters in relation to the subject matter of the charge or imminent charge.

Limitation of scope of post‑confiscation application summons
 (3) In addition to its effect apart from this subsection, this Act also has the effect it would have if the matters in relation to which a person who has been issued a post‑confiscation application summons is required to give evidence or information, or produce a document or thing, at a hearing excluded, by express provision, matters in relation to the subject matter of the confiscation proceeding or imminent confiscation proceeding.

Limitation to post‑charge operation
 (4) In addition to its effect apart from this subsection, this Act also has the effect it would have if, by express provision:
 (a) subsection 63(2) excluded any reference to a post‑confiscation summons or a confiscation proceeding; and
 (b) paragraph 63(6)(b) were omitted.

Limitation to post‑confiscation operation
 (5) In addition to its effect apart from this subsection, this Act also has the effect it would have if, by express provision:
 (a) subsection 63(2) excluded any reference to a post‑charge summons or a charge; and
 (b) paragraph 63(6)(a) were omitted.