Commonwealth Consolidated Acts

ROYAL COMMISSIONS ACT 1902 - SECT 3

             (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:  $1,000 or imprisonment for 6 months.

          (1A)  Subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

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

             (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:  $1,000 or imprisonment for 6 months.

          (2A)  Subsection (2) is an offence of strict liability.

          (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 ).

             (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:  $1,000 or imprisonment for 6 months.

             (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 ).