Commonwealth Numbered Acts

AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 219

219. (1) A person served, as prescribed, with a summons to appear as a witness
at a hearing shall not, without reasonable excuse:

   (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 Chairperson.

(2) A person appearing as a witness at a hearing shall not, without reasonable
excuse:

   (a)  when required pursuant to subsection 217 (2) to either take an oath or
        make an affirmation-refuse or fail to comply with the requirement;

   (b)  refuse or fail to answer a question that he or she is required to
        answer by the Chairperson; or

   (c)  refuse or fail to produce a document that he or she was required to
        produce by a summons under subsection 217 (1) served on him or her as
        prescribed.

(3) A person shall not, at a hearing, give evidence that is false or
misleading.

(4) A person shall not contravene subsection (1), (2) or (3).
Penalty: $1,000 or imprisonment for 3 months.

(5) A person who contravenes subsection (3) is not guilty of an offence
against subsection (4) if it is proved that he or she, when giving the
evidence, believed on reasonable grounds that it was true and not misleading.

(6) Where the Disciplinary Board is satisfied that:

   (a)  a person served, as prescribed, with a summons to appear as a witness
        at a hearing has, without reasonable excuse, failed to attend as
        required by paragraph (1) (a) or (b); or

   (b)  a person appearing as a witness at a hearing has, without reasonable
        excuse:

        (i)    when required pursuant to subsection 217 (2) either to take an
               oath or make an affirmation;

        (ii)   when required by the Chairperson to answer a question; or

        (iii)  when required to produce a document by a summons under
               subsection 217 (1) served on him or her as prescribed;
refused or failed to comply with the requirement; the Chairperson may, by
instrument in writing, certify the failure to attend or the refusal or failure
to comply with the requirement, as the case may be, to the Court.

(7) Where a certificate is given under subsection (6), the Court may inquire
into the case and, if it is satisfied that the person to whom the certificate
relates has, without reasonable excuse, failed to attend or refused or failed
to comply with a requirement as mentioned in the certificate:

   (a)  may order the person to attend or to comply with the requirement at a
        hearing to be held at a time and place specified in the order; or

   (b)  may punish the person in the same manner as if he or she had been
        guilty of contempt of the Court and, if it thinks fit, also make an
        order under paragraph (a).