National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-5 - HEARINGS  

Division 2 - Hearings  

SECTION 284   POWER TO SUMMON WITNESSES AND TAKE EVIDENCE  

284(1)   [ ASIC powers]  

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 ).

284(2)   [ Oath or affirmation]  

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 ).

284(3)   [ Truth of evidence]  

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.

284(4)   [ Powers of member presiding at hearing]  

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 ).

284(5)   [ Strict liability]  

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 .

284(6)   [ Written statements]  

ASIC may permit a witness at a hearing to give evidence by tendering, and if ASIC so requires, verifying by oath, a written statement.