Commonwealth Consolidated Acts

ROYAL COMMISSIONS ACT 1902 - SECT 6AB

             (1)  A person commits an offence if:

                     (a)  the person had refused or failed to produce a document as required by a member of a Commission under section 2; and

                     (b)  the member of the Commission has decided under subsection 6AA(2) to reject a claim that the document (or the relevant part of the document) is subject to legal professional privilege; and

                     (c)  the person refuses or fails to produce the document as the member of the Commission requires, after that decision, under section 2.

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

             (2)  A person commits an offence if the person refuses or fails to produce a document that the person was required under subsection 6AA(3) to produce for inspection.

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

             (3)  Subsections (1) and (2) are offences of strict liability.

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

             (4)  Subsections (1) and (2) do not apply if the person has a reasonable excuse.

             (5)  It is not a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to produce a document that the document is subject to legal professional privilege, unless a court has found the document to be subject to legal professional privilege.

             (6)  It is a defence to a prosecution for an offence against this section constituted by a refusal or failure to produce a document if the document 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 (4) and (6) (see subsection 13.3(3) of the Criminal Code ).