Section 40

any investigation into any offence under this Act;

any inquiry under this Act;

the enforcement of any provision of this Act; or

otherwise exercising any power, discharging any duty, or carrying out any function, under this Act, summon and examine witnesses on oath or affirmation, and may require the production of any relevant documents.

Any person summoned as a witness under subsection (1)

who without reasonable excuse fails to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him or to produce any document which it is in his power to produce, shall be guilty of an offence against this Act.

Any statement made, or any document produced, by a witness under subsection (1) shall be admissible in evidence in any

Immigration 35

proceedings in court under this Act against the witness or against any other person.

Admissibility of deposition of person who cannot be found