Offence for summoned witness to fail to produce document or other thing
59O Offence for summoned witness to fail to produce document or other thing
S. 59O inserted by No. 30/2016 s. 22.
A person who is duly served with a witness summons to attend and produce a document or other thing must not, without reasonable excuse, refuse or fail to produce a document or other thing that he or she was required to produce by the witness summons.
Penalty: In the case of a natural person, 60 penalty units or imprisonment for 6 months or both;
In the case of a body corporate, 300 penalty units.
Note
Section 185 applies to an offence against this subsection.
For the purposes of the application of subsection (1)—
a claim of privilege; or
a claim that the document or other thing cannot be disclosed due to a secrecy requirement of any enactment or other law that applies to the person—
is a reasonable excuse for not complying with a witness summons issued under this Division.
This Act’s bill:Explanatory memorandumSecond reading speech
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