Offences by witnesses
172 Offences by witnesses
Failing to appear
A person commits an offence if:
the person has been summoned to appear as a witness before the Tribunal; and
there has been tendered to the person an amount of money at least equal to the expenses the person could reasonably be expected to incur in connection with appearing as a witness; and
the person fails to appear in obedience to the summons.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Failing to produce document or article summoned
A person commits an offence if:
the person has been summoned to produce a document or article to the Tribunal; and
there has been tendered to the person an amount of money at least equal to the expenses the person could reasonably be expected to incur in connection with producing the document or article; and
the person fails to produce the document or article.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Refusal to swear or affirm
A person commits an offence if:
the person appears before the Tribunal; and
the person refuses to be sworn or to make an affirmation.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Refusal to answer questions or produce documents as required
A person commits an offence if:
the person appears before the Tribunal; and
the Tribunal requires the person to answer a question or produce a document or article; and
the person refuses to answer the question or produce the document or article.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
General defence of reasonable excuse
Subsection (1), (2), (3) or (4) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
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