Victorian Consolidated Legislation

Evidence Act 1958 - SECT 20

Chairman to report to law officer if witness fails to attend etc.

20. Chairman to report to law officer if witness fails to attend etc.



(1) Whenever in the opinion of the board or commission any person has been
guilty of an offence against section 16 or section 19 the chairman or sole
member of the board or the president or chairman of the commission or the sole
commissioner (as the case may be) may certify the facts to a law officer.

(2) Upon receipt of such certificate the law officer may apply or cause an
application to be made to the Supreme Court for an order calling upon such
person to show cause why he should not be dealt with for an offence against
this Act which order such court is hereby empowered to make.

(3) Upon the return of such order if the Supreme Court is satisfied that such
person has been guilty of an offence against this Act such person may for such
offence be by such court fined a sum of not more than 15 penalty units or
imprisoned for a term of not more than three months.



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(5) Where a person is convicted of an offence against section 16 or section
19, that person shall be guilty of a further offence against this Act if the
offence continues after he is so convicted and liable to an additional penalty
for each day during which the offence so continues of not more than 15 penalty
units or imprisonment for a term of not more than three months.

(6) Where any offence against section 16 or section 19 is committed by a
person by reason of his failure to do anything which he is under this Act
required or directed to do at a particular time, that offence for the purposes
of subsection (5) shall be deemed to continue so long as the thing so required
or directed to be done by him remains undone notwithstanding that such time
has passed.