Commonwealth Consolidated Acts

ROYAL COMMISSIONS ACT 1902 - SECT 3

Failure to attend

  (1)   A person served, as prescribed, with a summons to appear as a witness at a hearing before a Commission shall not:

  (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 of the Commission.

Penalty:   Imprisonment for 2 years.

  (1B)   Subsection   (1) does not apply if the person has a reasonable excuse.

Failure of witness to produce document or thing

  (2)   A person appearing as a witness at a hearing before a Commission shall not fail to produce a document or other thing that the person was required to produce by a summons under this Act served on him or her as prescribed or that the person was required to produce by the member of the Commission presiding at the hearing.

Penalty:   Imprisonment for 2 years.

  (2B)   Subsection   (2) does not apply if the person has a reasonable excuse.

  (3)   It is a defence to a prosecution for an offence against subsection   (2) constituted by a failure to produce a document or other thing to a Commission if the document or other thing was not relevant to the matters into which the Commission was inquiring.

Note:   A defendant bears an evidential burden in relation to the matters in subsections   (1B), (2B) and (3) (see subsection   13.3(3) of the Criminal Code ).

Failure to produce document or thing as required by notice

  (4)   A person served with a notice under subsection   2(3A) must not refuse or fail to produce a document or other thing that the person was required to produce in accordance with the notice.

Penalty:   Imprisonment for 2 years.

  (5)   Subsection   (4) does not apply if the person has a reasonable excuse.

  (6)   It is a defence to a prosecution for an offence against subsection   (4) constituted by a refusal or failure to produce a document or other thing if the document or other thing was not relevant to the matters into which the Commission was inquiring.

Note:   A defendant bears an evidential burden in relation to the matters in subsections   (5) and (6) (see subsection   13.3(3) of the Criminal Code ).

Failure to give information or statement as required by notice

  (6A)   A person served with a notice under subsection   2(3C) must not refuse or fail to give information or a statement that the person was required to give in accordance with the notice.

Penalty:   Imprisonment for 2 years.

  (6B)   Subsection   (6A) does not apply if the person has a reasonable excuse.

  (6C)   It is a defence to a prosecution for an offence against subsection   (6A) constituted by a refusal or failure to give information or a statement if the information or statement was not relevant to the matters into which the Commission was inquiring.

Note:   A defendant bears an evidential burden in relation to the matters in subsections   (6B) and (6C) (see subsection   13.3(3) of the Criminal Code ).

Matters into which Commission was inquiring

  (7)   The references in subsections   (3) and (6) to the matters into which the Commission was inquiring are, for a Commission that holds an authorised member hearing, references to the matters into which the Commission as a whole was inquiring.