Failure of witnesses to attend and answer questions
37 Failure of witnesses to attend and answer questions
A person served, as prescribed by this Act, with a witness summons to appear as a witness at an examination before the Chief Examiner must not, without reasonable excuse—
fail to attend as required by the summons; or
fail to attend from day to day unless excused, or released from further attendance, by the Chief Examiner.
S. 37(2) amended by No. 55/2014 s. 161(a).
A person appearing as a witness before the Chief Examiner must not, without reasonable excuse—
at an examination, refuse or fail to answer a question that he or she is required to answer by the Chief Examiner; or
S. 37(2)(b) amended by No. 55/2014 s. 161(b).
refuse or fail to produce a document or other thing that he or she was required to produce by the witness summons.
A person who contravenes subsection (1) or (2) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
A person does not contravene subsection (2)(b) if under section 41—
the Chief Examiner withdraws the requirement to produce the document or other thing that the person was required to produce by the witness summons; or
the person seals the document or other thing and gives it to the Chief Examiner.
A person does not contravene subsection (1) or (2) if the person is under the age of 16 years at the date of issue of the witness summons.
This Act’s bill:Explanatory memorandumSecond reading speech
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