National Consumer Credit Protection Act 2009
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.
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