Gambling Regulation Act 2024
|
Oral hearing | ||
|
211. (1) Where an adjudication officer considers it necessary or appropriate, in accordance with section 202 (3)(d) to conduct an oral hearing, the oral hearing shall be conducted by the adjudication officer in accordance with this section. | ||
(2) An adjudication officer may, by notice in writing— | ||
(a) summon a person to appear as a witness before the adjudication officer to do either or both of the following: | ||
(i) give evidence; | ||
(ii) produce any records in the person’s possession or power to procure, | ||
and | ||
(b) require that person to attend an oral hearing from day to day unless excused, or released from further attendance, by the adjudication officer. | ||
(3) Without prejudice to subsection (2), an adjudication officer has the same powers, rights and privileges as a judge of the High Court when hearing civil proceedings including with respect to: | ||
(a) the attendance and examination of witnesses (including witnesses who are outside the State) on oath or otherwise; | ||
(b) compelling the production (including discovery) of records or an identified category or categories of records. | ||
(4) An oral hearing may, at the discretion of an adjudication officer, be conducted in whole or in part by way of a remote hearing. | ||
(5) Where subsection (4) applies— | ||
(a) an adjudication officer shall have the same powers, with any necessary modifications, in respect of the conduct of the oral hearing by way of a remote hearing as he or she has in respect of the conduct of an oral hearing that is not conducted by way of a remote hearing, and | ||
(b) a person who participates in such a remote hearing before an adjudication officer shall, in respect of such participation— | ||
(i) be deemed to be present at the oral hearing concerned, and | ||
(ii) have the same immunities and privileges, and be subject to the same obligations and liabilities, as he or she would were he or she participating in an oral hearing that was not so conducted. | ||
(6) At the oral hearing, an authorised officer, other representative of the Authority or any other person with leave of the adjudication officer, shall present the evidence as to the reason the Authority referred the investigation report in accordance with section 197 (2)(b). | ||
(7) An oral hearing shall be held in public unless the adjudication officer conducting the hearing is satisfied that, given the existence of special circumstances (which shall include whether information given or likely to be given in evidence is commercially sensitive information), the hearing or part of the hearing should be held otherwise than in public. | ||
(8) Where special circumstances as referred to in subsection (7) exist, an adjudication officer may impose restrictions on the reporting or distribution of evidence given or records produced at the hearing. | ||
(9) An adjudication officer may, at his or her discretion, direct the reimbursement of some or all of the reasonable travelling expenses incurred by a witness required to attend an oral hearing and the payment of a sum to such witness for subsistence while so attending, out of moneys provided by the Oireachtas. | ||
(10) Save as may be otherwise prescribed by the Minister under section 213 , the rules of evidence shall apply to an oral hearing, including an oral hearing held in whole or in part by way of a remote hearing. | ||
(11) A person is guilty of an offence where the person— | ||
(a) having been duly summoned to attend as a witness at an oral hearing under subsection (2)(a), fails without reasonable excuse to attend at the time and place indicated in the notice, | ||
(b) having been duly summoned to attend as a witness at an oral hearing under subsection (2)(a), fails without reasonable excuse to produce before the adjudication officer any records specified in the notice, or | ||
(c) while attending as a witness at an oral hearing, refuses to— | ||
(i) give evidence in the manner lawfully required by the adjudication officer, | ||
(ii) produce any record in the person’s possession or power to procure that the person is lawfully required by the adjudication officer to produce, or | ||
(iii) answer any question that the person is lawfully required by the adjudication officer to answer. | ||
(12) A person who, having been required to produce a record under subsection (2)(a)(ii), intentionally destroys or otherwise disposes of, falsifies or conceals such record or causes or permits its destruction, disposal, falsification or concealment is guilty of an offence. | ||
(13) A person guilty of an offence under subsection (11) or (12) is liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both. | ||
(14) In this section— | ||
“electronic communications technology” means, in relation to a remote hearing, technology that enables real time transmission and real time two-way audio-visual or audio communication that enables a person to participate in the hearing from a location other than the location where the adjudication officer conducting the oral hearing is; | ||
“in part”, in relation to a remote hearing, includes— | ||
(a) any day or part of a day in which an oral hearing is conducted, and | ||
(b) the participation of a particular person in the oral hearing; | ||
“remote hearing” means a hearing in which one or more of the participants participates— | ||
(a) from a location other than the location where the adjudication officer conducting the oral hearing is, whether within the State or outside the State, and | ||
(b) by means of electronic communications technology. |