Document ID: chunk:federal_register_of_legislation:C2010A00095:clause:1_110xc
Version: federal_register_of_legislation:C2010A00095
Segment Type: clause
Provision Reference: sch 1 cl 110XC
Character Range: 17640–18794

110XC  Summoning persons to give evidence or produce documents
 (1) The Tribunal may summon a person to attend before the Tribunal to give evidence or produce documents for the purpose of a Tribunal proceeding.
 (2) A person commits an offence if:
 (a) the person has been given a summons under subsection (1); and
 (b) the person fails to comply with the summons.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
 (3) Subsection (2) 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) Without limiting subsection (3), it is a reasonable excuse for a person to refuse or fail to give evidence or produce a document if giving the evidence, or producing the document, would tend to incriminate the person.
 (5) A person summoned under subsection (1) is entitled to be paid the same fees, and allowances for expenses, as apply under section 67 of the Administrative Appeals Tribunal Act 1975 in relation to persons summoned under that Act. The fees and allowances are payable by the Commonwealth.