Document ID: chunk:federal_register_of_legislation:C2021C00498:section:52
Version: federal_register_of_legislation:C2021C00498
Segment Type: section
Provision Reference: s 52
Character Range: 57235–58373

52  Failure of witness to produce document or other thing

Failure to produce when appearing at a hearing of a Commission
 (1) A person commits an offence if:
 (a) the person is required to produce a document or other thing at a hearing of a Commission under a notice given under paragraph 25(1)(a) or (b); and
 (b) the person appears at the hearing; and
 (c) the person fails to produce the document or thing as required.
Penalty: Imprisonment for 6 months.

Failure to produce as required by paragraph 25(1)(c) notice
 (2) A person given a notice under paragraph 25(1)(c) must not refuse or fail to produce a document or other thing that the person is required by the notice to produce.
Penalty: Imprisonment for 6 months.

Exception to subsections (1) and (2)
 (3) Subsection (1) or (2) does not apply if:
 (a) the person has a reasonable excuse; or
 (b) the document or other thing was not relevant to the matter the Commission was investigating.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Note 2: For self‑incrimination, see section 54.