Power to Compel Persons to Answer Questions & Order Disclosure - Act Part 10, Section 84

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section explains the director’s power to require persons to attend at a hearing, and to produce a record or thing in the person’s possession or control.  

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Text of Legislation

84  (1) For the purposes of this Act, the director may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the director to answer questions on oath or affirmation, or in any other manner;

(b) produce for the director a record or thing in the person’s possession or control.

(2) The director may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any officers and governing members of a person to cause the person to comply with an order made under subsection (1).

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Policy Interpretation

Subsection (1)

The director may make an order requiring a person to attend a hearing, to attend an electronic hearing, to take an oath or make an affirmation, to answer questions and to produce records or other things.

Subsection (2)

The director may apply to the Supreme Court for an order directing compliance with an order made under subsection (1).

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Related Information

Related sections of the Act or Regulation

ESA

• s. 84.1, Maintenance of order at hearings
• s. 84.2, Contempt proceeding for uncooperative person
• s. 84.3, Immunity protection
• s.85, Entry and inspection powers
• s.120, Warrant to carry out inspection powers
• s.121, Director cannot be required to give evidence in other proceedings
• s.122, Service of determinations and demands

ESR

• s.46, Production of records