Criminal Code Act 1899

This section applies if a corporation or an officer of the corporation fails to comply with a subpoena or order of a court requiring attendance to give evidence or produce a document or thing to the court or a person having authority to take evidence for the court.

The court may make an order for the issue of a warrant for—

the arrest of the officer of the corporation to whom the subpoena or order was directed; and

the production of the officer as required by the subpoena or order for the purpose of the proceeding; and

the detention in custody of the officer until released by the court.

However, if the subpoena or order was directed to the ‘proper officer’ of the corporation, the court may make an order for the issue of a warrant for the arrest of a particular officer only if it is proved the officer had received the subpoena or order, or otherwise had actual knowledge of it.

The court may order a corporation that did not attend as required by the subpoena or order to pay the costs and expenses wasted by, or resulting from, noncompliance with the subpoena or order. sch 1 pt 8 ch 63A s 644C ins 2011 No. 45 s 114