Tribunals of Inquiry (Evidence) (Amendment) Act, 2002

Investigators.

6.—(1) A tribunal may, with the approval of—

(a) the Government, if it was appointed by the Government, or

(b) the Minister of the Government by whom it was appointed and the consent of the Minister for Finance,

appoint such and so many persons to be investigators to perform the functions conferred on investigators by this section.

(2) The appointment of an investigator shall be for such term and subject to such other terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as the tribunal concerned may, with the approval of—

(a) the Government, if it was appointed by the Government, or

(b) the Minister of the Government by whom it was appointed and the consent of the Minister for Finance,

determine.

(3) Whenever an investigator is so requested by the tribunal by which he or she was appointed, he or she shall, for the purpose of assisting it in the performance of its functions and subject to its direction and control, carry out a preliminary investigation of any matter material to the inquiry to which the tribunal relates.

(4) An investigator may, for the purposes of a preliminary investigation under subsection (3), require a person to—

(a) give to him or her such information in the possession, power or control of the person as he or she may reasonably request,

(b) send to him or her any documents or things in the possession, power or control of the person that he or she may reasonably request, or

(c) attend before him or her and answer such questions as he or she may reasonably put to the person and produce any documents or things in the possession, power or control of the person that he or she may reasonably request,

and the person shall comply with the requirement.

(5) An investigator may examine a person mentioned in subsection (4) in relation to any information, documents or things mentioned in that subsection and may reduce the answers of the person to writing and require the person to sign the document containing them.

(6) Where a person mentioned in subsection (4) fails or refuses to comply with a requirement made to the person by an investigator under that subsection, the Court may, on application to it in a summary manner in that behalf made by the investigator with the consent of the tribunal concerned, order the person to comply with the requirement and make such other (if any) order as it considers necessary and just to enable the requirement to have full effect.

(7) A person to whom a requirement under subsection (4) is made shall be entitled to the same immunities and privileges as if he or she were a witness before the Court.

(8) An investigator shall not, without the consent of the tribunal by which he or she was appointed, disclose other than to that tribunal any information, documents or things obtained by him or her in the performance of his or her functions under this section.

(9) An investigator shall be furnished with a warrant of appointment and when performing a function under this section shall, if so requested by a person affected, produce the warrant or a copy of it to the person.