Commonwealth Numbered Regulations

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 337 - SCHEDULE 5

(regulation 7)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Telecommunications (Arbitration) Regulations 1997 .

[2] Regulation 21

substitute

21 Failure to attend as witness

(1)

A person who:

(a)

is summoned under regulation 17 to attend an arbitration hearing; and

(b)

has not been excused, or released from further attendance, by a member of the ACCC for the arbitration;

must attend the hearing as required by the summons.

Penalty:
10 penalty units.

(2)

Strict liability applies to subregulation (1).

(3)

It is a defence to a prosecution for an offence against subregulation (1) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[3] Regulation 22

substitute

22 Failure to answer questions etc

(1)

A witness at an arbitration hearing must not:

(a)

fail to be sworn or to make an affirmation; or

(b)

fail to answer a question that the witness is required by the ACCC to answer; or

(c)

fail to produce a document that the witness is required to produce by a summons under paragraph 17 (1) (b).

Penalty:
10 penalty units.

(2)

Without limiting subregulation (4), paragraph (1) (b) or

(c)

does not require a witness to answer a question or produce a document if the answer or the production of the document might tend to incriminate the witness or expose him or her to a penalty.

(3)

Strict liability applies to subregulation (1).

(4)

It is a defence to a prosecution for an offence against subregulation (1) if the witness had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[4] Regulations 23 and 24

omit

[5] Subregulation 25 (2)

substitute

(2)

A person must not engage in conduct that:

(a)

threatens, intimidates, or coerces a person mentioned in subregulation (1); or

(b)

causes damage, disadvantage or loss to the person.

Penalty:
10 penalty units.

(3)

Strict liability applies to the physical element in paragraph (2) (a) that the person is a person mentioned in subregulation (1).