PRODUCTIVITY COMMISSION ACT 1998 - SECT 49 Summons to person to attend hearing

PRODUCTIVITY COMMISSION ACT 1998 - SECT 49

  (1)   The Chair may summon a person, in writing, to appear at a hearing to give evidence and to produce documents specified in the summons.

  (2)   A person served with a summons to appear at a hearing must not intentionally:

  (a)   fail to attend as required by the summons; or

  (b)   fail to attend from day to day.

Penalty:   Imprisonment for 6 months.

Note 1:   This penalty is a maximum penalty (section   4D, Crimes Act 1914 ). A court may impose an appropriate fine instead of or as well as imprisonment (subsection   4B(2), Crimes Act 1914 ). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose on an individual for the same offence (subsection   4B(3), Crimes Act 1914 ). Penalty units are defined in section   4AA of the Crimes Act 1914 .

Note 2:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (3)   Paragraph   (1)(b) does not apply if the person is excused, or released from further attendance, by the Chair.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code )