Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person served, as prescribed, with a summons to appear as a witness at an examination must 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 the examiner.
(2) A person appearing as a witness at an examination must not:
(a) when required pursuant to section 19 to take an oath – refuse or fail to comply with the requirement; or
(b) refuse or fail to answer a question that he or she is required to answer by the examiner; or
(c) refuse or fail to produce a document or thing that he or she was required to produce by a summons under this Act served on him or her as prescribed.
(3) Subsection (4) applies if:
(a) a legal practitioner is required to answer a question or produce a document at an examination; and
(b) the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner.
(4) 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 complying with the requirement.
(5) If the legal practitioner refuses to comply with the requirement, he or she must, if so required by the examiner, give the examiner the name and address of the person to whom or by whom the communication was made.
(6) Subsection (8) limits the use that can be made of any answers given, or documents or things produced, at an examination.
(7) Subsection (8) only applies if:
(a) a person appearing as a witness at an examination:
(i) answers a question that he or she is required to answer by the examiner; or
(ii) produces a document or thing that he or she was required to produce by a summons under this Act served on him or her as prescribed; and
(b) for the production of a document that is, or forms part of, a record of an existing or past business – the document sets out details of earnings received by the person in respect of his or her employment and does not set out any other information; and
(c) before answering the question or producing the document or thing, the person claims that the answer, or the production of the document or thing, might tend to incriminate the person or make the person liable to a penalty.
(8) The answer, or the document or thing, is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty, other than:
(a) confiscation proceedings; or
(b) a proceeding in relation to:
(i) in the case of an answer – the falsity of the answer; or
(ii) in the case of the production of a document – the falsity of any statement contained in the document.
(9) A person who contravenes subsection (1), (2) or (5) is guilty of an offence.
Maximum penalty: 500 penalty units or imprisonment for 5 years.
(10) Subsection (4) does not affect the law relating to client legal privilege.