Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p9
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 9/38)
Character Range: 777560–780189

day to day, unless excused by the Commissioner.
Penalty: 10 penalty units.
 (2) Strict liability applies to subregulation (1).

5.06  Arrest of witness failing to appear
 (1) If a person who has been summoned to attend before a Commissioner fails:
 (a) to attend before the Commissioner as required by the summons; or
 (b) to appear and report in accordance with regulation 5.05;
the Commissioner may, on being satisfied that the summons has been duly served and that reasonable expenses have been paid or tendered to the person, issue a warrant for the person's arrest.
 (2) A warrant authorises:
 (a) the arrest and bringing before the Commissioner of the person; and
 (b) the detention of the person in custody for the purposes specified in the warrant until the person is released by order of the Commissioner.
 (3) A warrant may be executed by a member of the police force of the Commonwealth or of a State or Territory or by any person to whom it is addressed, and the person executing it has power to break and enter any place, building or vessel, using any force that is necessary and reasonable, for the purpose of executing the warrant.
 (4) The arrest of a person under this regulation does not relieve that person from any liability incurred by the person because of the failure of that person to attend before the Commissioner.

5.07  Witnesses' fees
 (1) A person who attends to give evidence before a Commissioner is, in respect of that attendance, to be paid such fees and travelling expenses as the Commissioner allows in accordance with the scale in Part 4 of the Public Works Committee Regulation 2016.
 (2) The fees and travelling expenses are payable:
 (a) in the case of a witness summoned at the request of the person to whom the investigation relates—by that person; and
 (b) in any other case—by the Commonwealth.

5.08  Power to examine on oath or affirmation
 (1) A Commissioner may administer an oath to a person appearing as a witness before the Commissioner, whether the witness has been summoned or appears without being summoned, and may examine the witness on oath.
 (2) If a witness conscientiously objects to swear an oath, the witness may make an affirmation that the witness conscientiously objects to swear an oath and that the witness will state the truth, the whole truth, and nothing but the truth to all questions the witness is asked.
 (3) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

5.09  Offences by witnesses
 (1) A person summoned to attend before a Commissioner as a witness must not:
 (a) fail to attend, after payment or