Administrative Review Tribunal Act 2024
PART 4
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PROCEEDINGS
Division 6
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Tribunal powers
Subdivision A
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Hearings and evidence
SECTION 74
TRIBUNAL MAY SUMMON PERSON TO GIVE EVIDENCE OR PRODUCE DOCUMENTS
Power to issue summons
74(1)
If the Tribunal has reasonable grounds to believe that a person has information, or a document or thing, relevant to a proceeding in the Tribunal, the Tribunal may, in writing, summon the person to do either or both of the following, on the day, and at the time and place, specified in the summons: (a) appear before the Tribunal to give evidence; (b) produce any document or thing specified in the summons.
74(2)
Except with the consent of the person being summoned, the day specified in the summons must be at least 14 days after the day the summons is given to the person.
74(3)
The Tribunal may summon the person: (a) at the request of a party to the proceeding; or (b) on its own initiative.
74(4)
The Tribunal may refuse a request for a person to be summoned.
Early compliance with summons
74(5)
A person may comply with a summons to produce a document or thing by producing the document or thing to the Tribunal before the day specified in the summons.
74(6)
If the person does so, the person is not required to appear before the Tribunal unless: (a) the summons or another summons requires the person to appear before the Tribunal; or (b) the Tribunal orders the person to appear before the Tribunal.
Power to issue summons
74(1)
If the Tribunal has reasonable grounds to believe that a person has information, or a document or thing, relevant to a proceeding in the Tribunal, the Tribunal may, in writing, summon the person to do either or both of the following, on the day, and at the time and place, specified in the summons: (a) appear before the Tribunal to give evidence; (b) produce any document or thing specified in the summons.
74(2)
Except with the consent of the person being summoned, the day specified in the summons must be at least 14 days after the day the summons is given to the person.
74(3)
The Tribunal may summon the person: (a) at the request of a party to the proceeding; or (b) on its own initiative.
74(4)
The Tribunal may refuse a request for a person to be summoned.
Early compliance with summons
74(5)
A person may comply with a summons to produce a document or thing by producing the document or thing to the Tribunal before the day specified in the summons.
74(6)
If the person does so, the person is not required to appear before the Tribunal unless: (a) the summons or another summons requires the person to appear before the Tribunal; or (b) the Tribunal orders the person to appear before the Tribunal.
Note 1:
A person might commit an offence by failing to comply with a summons (see section 116 ).
Note 2:
A person summoned under this section may be entitled to be paid fees or allowances under section 77 . However, the person is not excused from complying with a summons only because the person thinks that an amount paid to the person under that section is not sufficient.
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