Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Tribunal may summon a person to attend before the Tribunal to give evidence or produce documents for the purpose of a Tribunal proceeding.
(2) A person commits an offence if:
(a) the person has been given a summons under subsection (1); and
(b) the person fails to comply with the summons.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
(3) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) Without limiting subsection (3), it is a reasonable excuse for a person to refuse or fail to give evidence or produce a document if giving the evidence, or producing the document, would tend to incriminate the person.
(5) A person summoned under subsection (1) is entitled to be paid the same fees or allowances as apply under section 77 of the ART Act in relation to persons summoned under that Act. The fees and allowances are payable by the Commonwealth.