Advocate accompaniment in competition investigations upheld where the Director General is legally authorised to take evidence.

Proceedings before the Director General in a competition investigation were treated as investigative proceedings of a serious character, because evidence could be taken and the examination materially affected the rights and reputation of the person investigated. Section 30 of the Advocates Act was read as conferring on advocates a right to practise before any person legally authorised to take evidence, and the Director General was treated as falling within that description under the Competition Act. On that basis, summoned officials were held entitled to be accompanied by an advocate during recording of their statement, unless the governing statute expressly excludes such representation.

---

---

Issues: Whether officials summoned by the Director General in a competition investigation are entitled to be accompanied by an advocate during recording of their statement.

Analysis: The proceedings before the Director General under the Competition Act were treated as investigative proceedings of a serious character, in which evidence could be taken and which materially affected the rights and reputation of the person investigated. Section 30 of the Advocates Act confers on an advocate a right to practise before any person legally authorised to take evidence. Since the Director General was held to be so authorised under the Competition Act, the right to practise included the right of an advocate to accompany the summoned official. The contrary authorities relied upon were distinguished, as they did not consider the effect of Section 30 or arose in different statutory settings.

Conclusion: The objection to advocate accompaniment was rejected, and the summoned officials were held entitled to be accompanied by an advocate.

Ratio Decidendi: Where an authority is legally authorised to take evidence, Section 30 of the Advocates Act enables an advocate to appear before it, and that right extends to accompanying a person summoned for examination unless the governing statute expressly excludes such representation.

---