Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 37

Failure of witnesses to attend and answer questions

37. Failure of witnesses to attend and answer questions



(1) A person served, as prescribed by this Act, with a witness summons to
appear as a witness at an examination before the Chief Examiner must 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 Chief Examiner.

(2) A person appearing as a witness before the Chief Examiner must not-

   (a)  at an examination, refuse or fail to answer a question that he or she
        is required to answer by the Chief Examiner; or

   (b)  without reasonable excuse, refuse or fail to produce a document or
        other thing that he or she was required to produce by the witness
        summons.

(3) A person who contravenes subsection (1) or (2) is guilty of an indictable
offence and liable to level 6 imprisonment (5 years maximum).

(4) A person does not contravene subsection (2)(b) if under section 41-

   (a)  the Chief Examiner withdraws the requirement to produce the document
        or other thing that the person was required to produce by the witness
        summons; or

   (b)  the person seals the document or other thing and gives it to the Chief
        Examiner.

(5) A person does not contravene subsection (1) or (2) if the person is under
the age of 16 years at the date of issue of the witness summons.