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WORKPLACE RELATIONS ACT 1996 - SECT 818 Offences relating to witnesses

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 818

Offences relating to witnesses

Contravention of requirement by witness

             (1)  A person who has been summoned to appear, or who has appeared, before the Commission as a witness shall not:

                     (a)  disobey the summons to appear;

                     (b)  refuse or fail to be sworn or make an affirmation;

                     (c)  refuse or fail to answer a question that the person is required by the Commission to answer; or

                     (d)  refuse or fail to produce a document that the person is required by the Commission to produce.

Penalty:  Imprisonment for 6 months.

             (2)  For the purposes of an offence against subsection (1), strict liability applies to the physical element, that the person fails as mentioned in paragraph (1)(b), (c) or (d).

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

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

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

             (4)  A reference in subsection (1) to the Commission includes a reference to a person authorised to take evidence on behalf of the Commission.

Giving false evidence

             (5)  A person (the witness ) is guilty of an offence if:

                     (a)  the witness gives false sworn or affirmed evidence touching any matter material to that proceeding; and

                     (b)  either:

                              (i)  the evidence is given in a proceeding before the Commission; or

                             (ii)  the evidence is given before a person taking evidence on behalf of the Commission either in a proceeding that has been instituted in the Commission by anyone or for use in a proceeding that will be instituted in the Commission by the witness.

Penalty:  Imprisonment for 12 months.

Note:          Section 10.2 of the Criminal Code Act 1995 states that a person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence under duress.

Inducing or coercing another person to give false evidence

             (6)  A person (the offender ) is guilty of an offence if:

                     (a)  another person (the witness ) has been called or is to be called as a witness in a proceeding before the Commission (whether the person is to appear before the Commission or before someone taking evidence on behalf of the Commission in the proceeding); and

                     (b)  the offender induces, threatens or intimidates the witness to give false evidence in the proceeding.

Penalty:  Imprisonment for 12 months.