Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) A person served, as prescribed, with a summons to appear as a witness at a hearing before the authority shall not, without reasonable excuse—
(a) fail to attend as required by the summons; or
(b) fail to attend from day to day unless excused, or released from further attendance, by a member.
(2) A person appearing as a witness at a hearing before the authority shall not, without reasonable excuse—
(a) when required under section 16 either to take an oath or make an affirmation, fail to comply with the requirement; or
(b) fail to answer a question that he or she is required to answer by the member or acting member presiding at the hearing; or
(c) fail to produce a document or thing that he or she was required by a summons under this Act served as prescribed to produce.
(3) If—
(a) a legal practitioner is required to answer a question or produce a document at a hearing before the authority; and
(b) the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in the capacity of a legal practitioner;
the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by whom the communication was made agrees to the legal practitioner's complying with the requirement but, if the legal practitioner refuses to comply with the requirement, the legal practitioner shall, if so required by the member or acting member presiding at the hearing, furnish to the authority the name and address of the person to whom or by whom the communication was made.
(4) Subject to subsections (5), (7), (9) and (11), it is a reasonable excuse for subsection (2) for an individual—
(a) to fail to answer a question put to him or her at a hearing before the authority; or
(b) to fail to produce a document or thing that he or she was required to produce at a hearing before the authority;
that the answer to the question, or the production of the document or thing, as the case may be, might tend to incriminate him or her.
(5) It is not a reasonable excuse for subsection (2) for a person—
(a) to fail to answer a question put to him or her at a hearing before the authority; or
(b) to fail to produce a document or thing that he or she was required to produce at a hearing before the authority;
that the answer to the question or the production of the document or thing might tend to prove his or her guilt of an offence against a Territory law if the Attorney-General or director of public prosecutions has given to the firstmentioned person a written undertaking that any answer given or document or thing produced, as the case may be, or any information, document or thing obtained as a direct or indirect consequence of the answer or the production of the firstmentioned document or thing, will not be used in evidence in any proceedings against that person for an offence against a Territory law, other than proceedings in respect of the falsity of evidence given by that person, and the Attorney-General or director of public prosecutions states in the undertaking—
(c) that, in his or her opinion, there are special grounds that, in the public interest, require that answers be given or documents or things be produced by the firstmentioned person; and
(d) the general nature of those grounds.
(6) The authority may recommend to the Attorney-General or the director of public prosecutions, as the case may be, that a person who has been or is to be served with a summons to appear as a witness at a hearing before the authority or to produce a document or thing at a hearing before the authority be given an undertaking in accordance with subsection (5).
(7) It is not a reasonable excuse for subsection (2) for a person—
(a) to fail to answer a question put to him or her at a hearing before the authority; or
(b) to fail to produce a document or thing that he or she was required to produce at a hearing before the authority;
that the answer to the question or the production of the document or thing might tend to prove his or her guilt of an offence against a Commonwealth law if the Commonwealth director of public prosecutions has given to the person a written undertaking that any answer given or document or thing produced, as the case may be, or any information, document or thing obtained as a direct or indirect consequence of the answer or the production of the firstmentioned document or thing, will not be used in evidence in any proceedings against the person for an offence against a Commonwealth law, other than proceedings in respect of the falsity of evidence given by the person, and the Commonwealth director of public prosecutions has given to the firstmentioned person a written undertaking that any answer given or document or thing produced, as the case may be, or any information, document or thing obtained as a direct or indirect consequence of the answer or the production of the firstmentioned document or thing, will not be used in evidence in any proceedings against that person for an offence against a Commonwealth law, other than proceedings in respect of the falsity of evidence given by that person, and the Commonwealth director of public prosecutions states in the undertaking—
(c) that, in his or her opinion, there are special grounds that, in the public interest, require that answers be given or documents or things be produced by the firstmentioned person; and
(d) the general nature of those grounds.
(8) The authority may recommend to the Commonwealth director of public prosecutions that a person who has been or is to be served with a summons to appear as a witness at a hearing before the authority or to produce a document or thing at a hearing before the authority be given an undertaking in accordance with subsection (7).
(9) It is not a reasonable excuse for subsection (2) for a person—
(a) to fail to answer a question put to him or her at a hearing before the authority; or
(b) to fail to produce a document or thing that he or she was required to produce at a hearing before the authority;
that the answer to the question or the production of a document or thing might tend to prove his or her guilt of an offence against a law of another State if the Attorney-General of that State or the person holding the office of director of public prosecutions, or a similar office, of that State, has given to the firstmentioned person a written undertaking that any answer given or document or thing produced, as the case may be, or any information, document or thing obtained as a direct or indirect consequence of the answer or the production of the firstmentioned document or thing, will not be used in evidence in any proceedings against that person for an offence against a law of that State, other than proceedings in respect of the falsity of evidence given by that person, and the Attorney-General of that State, or other person who gives the undertaking, states in the undertaking—
(c) that, in his or her opinion, there are special grounds that, in the public interest, require that answers be given or documents or things be produced by the firstmentioned person; and
(d) the general nature of those grounds.
(10) The authority may recommend to the Attorney-General or the person holding the office of director of public prosecutions, or a similar office, of a State that a person who has been or is to be served with a summons to appear as a witness at a hearing before the authority or to produce a document or thing at a hearing before the authority be given an undertaking in accordance with subsection (9).
(11) For subsection (2), it is not a reasonable excuse for—
(a) a corporation to fail to produce a document or thing that the production of the document or thing might tend to incriminate the corporation; and
(b) an individual to fail to produce a document that is, or forms part of, a record of an existing or past business (not being, in the case of a person who is or has been an employee, a document that sets out details of earnings received by the person in respect of the person's employment and does not set out any other information) that the production of the document might tend to incriminate the person.
(12) Subsections (5), (7), (9) and (11) do not apply if the offence in respect of which the answer to a question or the production of a document or thing, as the case requires, might tend to incriminate a person is an offence with which the person has been charged and the charge has not been finally dealt with by a court or otherwise disposed of.
(13) A person who contravenes subsection (1), (2) or (3) commits an offence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.