Document ID: chunk:federal_register_of_legislation:C2024C00866:section:32:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 32 (pt 2/2)
Character Range: 414891–417210

whom the Commission has delegated its powers under that section;
and, for the purpose of the exercise of those powers or the performance of those duties, subsections (1), (2) and (3) and (6) to (10), inclusive, of this section have effect as if a reference to the Commission included a reference to that person.
 (6) A person who has been summoned to appear as a witness before the Commission shall not, after tender of reasonable expenses, fail to appear in answer to the summons.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
 (6A) An offence under subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (7) A person who appears before the Commission as a witness in answer to a summons shall not refuse to be sworn or make an affirmation.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
 (8) Subject to subsection (9), a person who appears before the Commission as a witness, otherwise than in answer to a summons, may be requested by the Commission to give evidence on oath, and, if the person declines to be sworn or make an affirmation, the person's evidence shall not be received.
 (9) Subsection (8) does not apply to a person who attends before the Commission for a discussion of a claim or review at the request of the Commission under subsection (1) or at his or her own request under subsection (3) or has a discussion with the Commission by telephone under subsection (3).
 (10) A person who has been sworn, or made an affirmation, as a witness before the Commission shall not refuse to produce documents or to answer a question that the person is required to answer by the Commission.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
 (11) A person who has been sworn, or made an affirmation, as a witness before the Commission shall not give evidence that is false or misleading in a material particular.
Penalty: Imprisonment for 12 months or 20 penalty units, or both.
 (11A) A person does not commit an offence under this section if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (11A). See subsection 13.3(3) of the Criminal Code.
 (12) In this section:
claim includes application.
claimant includes applicant.