Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:7_34a
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 7 cl 34A
Character Range: 182260–183688

34A  Contempt of the ACC

  A person is in contempt of the ACC if he or she:
 (a) when appearing as a witness at an examination before an examiner:
 (i) refuses or fails to take an oath or affirmation when required to do so under section 28; or
 (ii) refuses or fails to answer a question that he or she is required to answer by the examiner; or
 (iii) refuses or fails to produce a document or thing that he or she was required to produce by a summons or notice under this Act that was served to him or her as prescribed; or
 (b) is a legal practitioner who is required to answer a question or produce a document at an examination before an examiner, and both of the following apply:
 (i) the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner;
 (ii) he or she refuses to comply with the requirement and does not, when required by the examiner, give the examiner the name and address of the person to whom or by whom the communication was made; or
 (c) gives evidence at an examination before an examiner that he or she knows is false or misleading in a material particular; or
 (d) obstructs or hinders an examiner in the performance of his or her functions as an examiner; or
 (e) disrupts an examination before an examiner; or
 (f) threatens a person present at an examination before an examiner.