(2) For the purpose of subsection (1)—
“due inquiry” means an inquiry by the Council conducted substantially in accordance with procedure prescribed by regulations made under section 31.
(3) Nothing in this section shall be deemed to require the Council to inquire into the question whether the registered medical practitioner was properly convicted but the Council may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.
[cf. 4 & 5 Eliz. 2, c. 76, s. 33(2).](4) In any inquiry under this section whether a person has been guilty of infamous conduct in any professional respect, any finding of fact which is shown to have been made in any matrimonial proceedings in a court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found.
(5) Within one month after the expiry of the time within which an appeal, against an order made by the Council in accordance with the provisions of subsection (1), may be made to the Full Court in accordance with the provisions of section 23, or if such appeal has been made, within one month after the decision of the Full Court affirming or varying such order, the Council shall cause the order or the order as so varied, as the case may be, to be published in the Gazette and may cause an account of the proceedings at the inquiry at which such order was made, to be so published. There shall also be published in the Gazette along with such order sufficient particulars to acquaint the general public of the nature of the offence to which the order relates.
Powers of Council in regard to obtaining of evidence and conduct at proceedings. 21. (1) For the purposes of an inquiry under section 20 the Council shall have the following powers—
- (a) to hear, receive and examine evidence on oath;
- (b) to summon any person to attend the inquiry to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions;
