s 37
In forceRefusal to provide information etc
Part 4The Commission’s procedure
Division 2Hearings
37 Refusal to provide information etc
(1)
A person summoned to appear as a witness before the Commission must not fail:
(a)
to answer a question or provide information as required by a member of the Commission; or
(b)
to produce a document as required by a summons served under section 34.
Penalty: 50 penalty units.
(2)
Subsection (1) does not apply if the person has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3)
An offence under subsection (1) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code.
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