s 25C Proceedings for prescribed infringements
25C.—(1) The Controller may inquire into and determine whether any person has committed a prescribed infringement in accordance with this Act.[24/2012] (2) For the purposes of subsection (1), the Controller has the following powers:(a) to summon and examine witnesses; (b) to administer oaths or affirmations; (c) to compel the production of documents and articles.[24/2012] (3) All proceedings before the Controller under this section must be held in private.[24/2012] (4) In any proceedings before the Controller under this section —(a) the Controller is not bound to act in a formal manner or in accordance with the Evidence Act 1893 but may inform himself or herself on any matter in such manner as he or she thinks just; (b) any question of fact to be decided by the Controller must be decided on the balance of probabilities; and (c) no party may be represented by an advocate or solicitor or a paid agent.[24/2012] (5) If any person who has been duly summoned by the Controller to attend at any proceedings under this section makes default in so doing, the Controller may make the Controller’s determination in the absence of that person even though the interest of that person may be prejudicially affected by the Controller’s determination.[24/2012] (6) Where the Controller has made a determination that any person has committed a prescribed infringement, the Controller may in the Controller’s determination —(a) state (if any) the amount of financial penalty, not exceeding the maximum financial penalty prescribed for the prescribed infringement, that is payable by the person and the date by which the financial penalty must be paid; and (b) include such directions to the person under section 25B as the Controller thinks appropriate.[24/2012] (7) The Controller may, on the application of any person mentioned in subsection (6) who is aggrieved by a determination or direction of the Controller, vary or set aside the determination or direction or make any other determination or direction as the Controller thinks just.[24/2012] (8) Any person mentioned in subsection (6) who is aggrieved by a determination or direction of the Controller, or any variation thereof, may appeal to the Appeal Board, whose decision is final.[24/2012]