Document ID: chunk:federal_register_of_legislation:F2018L00316:reg:61
Version: federal_register_of_legislation:F2018L00316
Segment Type: reg
Provision Reference: reg 61
Character Range: 48620–49928

61  Failing or refusing to comply with an order to attend as a witness before an inquiry officer etc.

Order to attend as a witness before an inquiry officer etc.
 (1) A person commits an offence if:
 (a) the person is given an order under paragraph 53(a); and
 (b) the person fails or refuses to comply with the order.
Penalty: 20 penalty units.
 (2) Subsection (1) does not apply to the extent that it would be unduly onerous for the person to comply with the order.
Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (2) (see section 13.3 of the Criminal Code).

Order to produce documents or things to an inquiry officer etc.
 (3) A person commits an offence if:
 (a) the person is given an order under paragraph 53(b); and
 (b) the person fails or refuses to comply with the order.
Penalty: 20 penalty units.
 (4) Subsection (3) does not apply to the extent that:
 (a) the person believes on reasonable grounds that compliance with the order is likely to cause damage to the defence, security or international relations of the Commonwealth; or
 (b) it would be unduly onerous for the person to comply with the order.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4) (see section 13.3 of the Criminal Code).